Case law

United States v. Aziz

228 F. Supp. 3d 363 · District Court, M.D. Pennsylvania · Jan 12, 2017

The defendant does not dispute that ISIL is a group engaged in international terrorism or activities in preparation therefor, thus qualifying as a foreign power under § 1804(a)(4). … We apply ' a “clearly erroneous” standard of review to the FISA certifications. Id. §§ 1805(a)(4), 1824(a)(4).

Van Houwelingen v. The Milton S. Hershey Medical Center

District Court, M.D. Pennsylvania · Aug 21, 2024

Miller as failing to assert that the Grand Rounds conference is an “established” committee. … Therefore, reading the text plainly, the committees which must be “established” are those established by state or local professional societies.

Celsky v. Pennsylvania Higher Education Assistance Agency

District Court, M.D. Pennsylvania · Sep 10, 2020

Thus, he cannot establish that he was a “qualified individual” who could perform the essential functions of the Lead position with or without reasonable accommodation. B. … (6) Are there clearly established policies when seeking reassignment through the Pathways portal, such as filling out an application?

Fields v. Speaker of the Pennsylvania House of Representatives

251 F. Supp. 3d 772 · District Court, M.D. Pennsylvania · Apr 28, 2017

judgment on the “narrowest grounds.” 169 Certain cases defy orderly classification; thus, the narrowest grounds rubric applies only when “one opinion can be meaningfully regarded as ‘narrower’ than another,” 170 If no opinion qualifies … Defendants raise other justiciability concerns in their Rule 12(b)(6) briefing, to. wit: legislative immunity and the political question doctrine.

Harley Hotels, Inc. v. Rain's International, Ltd.

57 B.R. 773 · District Court, M.D. Pennsylvania · Nov 15, 1985

Thus, the present case is clearly not one which directly “arises under” the Code, since it is rooted in a state law landlord-tenant dispute. … While the state courts would no doubt be capable of resolving such disputes, and of course may have expertise in a particular area, there is no reason why the bankruptcy court is any less qualified, if there are no unsettled

Hale

District Court, M.D. Pennsylvania · Feb 12, 2026

thus lack subject matter jurisdiction—unless the United States has expressly waived its immunity and consented to be sued.57 Hale has not alleged or shown that the United States has waived its sovereign immunity for Bivens … relief from an immune defendant and under Section 1915A(b)(1) as legally frivolous.

Phillips v. Kerestes

District Court, M.D. Pennsylvania · Aug 20, 2019

To establish a violation of Title II of the ADA, an inmate must allege that: (1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public … While Phillips has alleged that he is a qualified individual with a mental disability, he has not established that he has been excluded from participation in or denied the benefits of some prison service, program or activity

Lloyd v. Barr

District Court, M.D. Pennsylvania · Aug 27, 2020

1915(e)(2)(B) and 1915A to determine whether it should be dismissed as frivolous or malicious, for failure to state a claim upon which relief may be granted, or because it seeks monetary relief from a defendant who is immune … The First Amendment states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof ...”34 “Inmates clearly retain protections afforded by the First Amendment,

Myers v. Harry

District Court, M.D. Pennsylvania · Dec 7, 2023

“Under the pleading regime established by Twombly and Iqbal, a court reviewing the sufficiency of a complaint must take three steps. … The documentation attached to Plaintiffs consolidated complaint clearly demonstrates that Plaintiff is receiving medical attention, and that the attention he received lacks the requisite deliberate indifference to

VW Credit Leasing Ltd. v. Lackawanna County

District Court, M.D. Pennsylvania · Nov 13, 2023

To state a cause of action under §1983, a plaintiff must allege that: (1) the conduct complained of was committed by persons acting under color of state law; and (2) the conduct violated a right, privilege, or immunity … VW clearly pleads that Lackawanna has a pattern and practice of turning over vehicles seized in the course of its law enforcement duties to DeNaples. (Doc. 1 &&1,2).

P. v. East Stroudsburg Area School District

District Court, M.D. Pennsylvania · Sep 20, 2022

A decision to the contrary is better left to a determination after a more complete factual record is established. B. … complaint alleges a cause of action for negligence under the vehicle liability exception to governmental immunity.

Ventura v. Sheetz, Inc.

District Court, M.D. Pennsylvania · Mar 30, 2023

The parties disagree as to which date qualifies for the triggering of the invocation date. … Co., 582 F.3d 500 (3d Cir. 2009)] necessarily guarantees that plaintiffs have an automatic right to claim interference where, as here, the claim is so clearly redundant to the retaliation claim

Trout v. Milton S. Hershey Medical Center

572 F. Supp. 2d 591 · District Court, M.D. Pennsylvania · Aug 27, 2008

Mar. 5, 2007) (applying Lasprogata to ascertain whether a proposed additional party in a fraud case qualified as a joint tortfeasor); Frazier, 109 F.R.D. at 295-96 ; Harka, 337 Pa.Super. at 621 , 487 A.2d 432 ; Bielanin v … In the instant matter, the settlement agreement clearly reflects a contractual intent that sums paid under it represent solely damages for the driver’s negligence.

Kioussis v. Service Employees International Union Local 668

District Court, M.D. Pennsylvania · Dec 10, 2019

immunity. … The Seventh Circuit stated that “every federal appellate court to have decided the question has held that, while a private party acting under color of state law does not enjoy qualified immunity from suit, it is entitled

Ramos v. Lawler

615 F. Supp. 2d 347 · District Court, M.D. Pennsylvania · May 14, 2009

Here, the “clearly established Federal law” which undergirds Petitioner’s habeas claim is the Sixth Amendment right to effective assistance of counsel. … The state courts’ adjudication that counsel was not ineffective is an adjudication that involves an unreasonable application of clearly established law.

Myers v. Folerezell

District Court, M.D. Pennsylvania · Dec 7, 2023

“Under the pleading regime established by Twombly and Iqbal, a court reviewing the sufficiency of a complaint must take three steps. … The documentation attached to Plaintiffs consolidated complaint clearly demonstrates that Plaintiff is receiving medical attention, and that the attention he received lacks the requisite deliberate indifference to

Conway v. White Trucks, a Div. of White Motor Corp.

692 F. Supp. 442 · District Court, M.D. Pennsylvania · Jul 28, 1988

In response to the perceived inequities of the traditional rule, some jurisdictions have expanded the exceptions to successor corporation immunity. … Clearly, such a requirement will tend to lead to inconsistent results. The rationale behind the product line and continuity of enterprise theories have come under a significant amount of criticism.

Houser

District Court, M.D. Pennsylvania · May 29, 2026

Dancha.60 Ardery, who is not a medical professional, cannot be held liable for relying on the medical decision of a qualified medical expert.61 Additionally, Lee’s second medical indifference claim fails against Facility … That is, there are no allegations establishing that any DOC Defendant was aware of, or acted with deliberate indifference to, a serious risk to Lee’s health or safety (i.e., a potential for attempting suicide).

Ronan v. Hampden Township

District Court, M.D. Pennsylvania · Apr 10, 2025

immunity; and (8) further leave to amend Ronan’s complaint would be futile. … It is well-established that 4 Monell v. Dep’t of Soc.

Fann, Jr. v. Salamon

District Court, M.D. Pennsylvania · Jun 5, 2024

Personal Involvement It is well established that, in Section 1983 actions, liability cannot be “predicated solely on the operation of respondeat superior.”42 Rather, a Section … Fann has clearly identified protected First Amendment conduct: filing a formal grievance and reporting staff misconduct to an investigator.