Case law

Boggs v. Geletti

District Court, M.D. Pennsylvania · Jun 6, 2023

DISCUSSION Galletti contends that Boggs is unable to meet his Rule 56 burden because he cannot adduce any competent evidence to establish a genuine issue of … Colkitt, 455 F.3d 195, 201 (3d Cir. 2006)). 35 Galletti also raises a qualified immunity defense, which this Court finds unnecessary to reach.  

United Services Automobile Ass'n v. Foster

783 F. Supp. 916 · District Court, M.D. Pennsylvania · Jan 14, 1992

Gloucester Environmental Management Services, Inc., 668 F.Supp. 404 (D.N.J.1987), (“The EPA’s prosecutorial discretion in taking enforcement actions is presumptively immune from judicial review.”). … There is no evidence to suggest, and we have no reason to believe, that the system of sanctions established under the Unfair Insurance Practices Act must be supplemented by a judicially created cause of action.”). Cf.

Delhagen v. McDowell

703 F. Supp. 2d 467 · District Court, M.D. Pennsylvania · Mar 24, 2010

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The Court will separately issue a scheduling order establishing the remaining pretrial deadlines and scheduling this matter for trial. 1 .

Taylor v. Pennsylvania

686 F. Supp. 492 · District Court, M.D. Pennsylvania · May 12, 1988

These sentences are clearly within the ranges prescribed by Pennsylvania’s General Assembly. Thus, the sentences do not violate the double jeopardy clause. … As the motion was clearly frivolous, however, such expenditures should have been minimal, and, more important, the court has found that respondents’ counsel did not act willfully.

Beasley, Sr. v. Walton

District Court, M.D. Pennsylvania · Apr 21, 2025

Also, since there is no “abstract, freestanding right to a law library or legal assistance, an inmate cannot establish relevant actual injury simply by establishing that his prison’s law library or legal assistance program … While it is possible that Beasley is attributing to PrimeCare the facility's allegedly deficient response to his medical condition, Beasley does not clearly allege that PrimeCare is, in fact, responsible.

Gakou

District Court, M.D. Pennsylvania · Nov 19, 2025

| To qualify for “next friend” status, the third person must satisfy two requirements: (i) “First, a ‘next friend’ must provide an adequate explanation— | such as inaccessibility, mental incompetence, or other … “The | burden is on the ‘next friend’ clearly to establish the propriety of [her] status and thereby justify the jurisdiction of the court.” Id. at 164 (citations omitted).

Schittler v. Iron Valley Ceilings, LLC

District Court, M.D. Pennsylvania · Feb 18, 2025

In order for a plaintiff to establish a prima facie case of discrimination under the ADA, the plaintiff must show: “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the … To establish a prima facie case of such cause of action under the ADA, an employee must show that: (1) [he] is a qualified individual with a disability under

Bentley v. Ellam

764 F. Supp. 322 · District Court, M.D. Pennsylvania · May 15, 1991

Thus, we conclude that the neighbors do not qualify *326 as parties to be joined if feasible under Rule 19(a)(2)(i). … The Court stated: Since a mortgagee clearly has a legally protected property interest, he is entitled to notice reasonably calculated to apprise him of a pending tax sale, [citation omitted].

Ndaula v. Clinton County Correctional Facility

District Court, M.D. Pennsylvania · Aug 7, 2020

To state a cause of action under Section 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 … Claims Under the ADA In order to establish a violation of Title II of the ADA, a plaintiff must allege that: “(1) he is a qualified individual with a disability; (2) he was either

McClintock v. Barr

District Court, M.D. Pennsylvania · Sep 17, 2024

This event alone is sufficient to establish an adverse employment action. Following Muldrow, however, other events complained of by plaintiff also | clearly qualify. … | The defendant argues that the events complained of by plaintiff do not qualify as sufficiently “severe or pervasive.”

Capriotti v. Sadowski

District Court, M.D. Pennsylvania · Feb 26, 2024

Humphrey, 512 U.S. 477 (1994), or, in the alternative, they are entitled to qualified immunity. Before we address those issues, we set forth the material facts on which our analysis is based. 1. … immunity.

Moffa v. Yellen

District Court, M.D. Pennsylvania · Sep 12, 2022

Thus, the Court must address whether the United States has waived sovereign immunity for claims brought under the CARES Act. … At this stage of the proceedings, the Court will assume that the United States has waived sovereign immunity for claims brought under the CARES Act. See Graham v.

Carlos v. York County

District Court, M.D. Pennsylvania · Dec 9, 2019

ground of qualified immunity. … Because Judge Saporito determined that none of those defendants’ actions or omissions amounted to constitutional violations, he did not address their qualified immunity argument.

Diversified Environments, Inc. v. Olivetti Corp.

461 F. Supp. 286 · District Court, M.D. Pennsylvania · Dec 4, 1978

The parol evidence rule is clearly inapplicable here as there was no integrated written agreement between the parties that fully and completely stated the entire agreement. See, Yuhas v. … Defendant did not present any facts at trial that established a means of mitigation for the Plaintiff.

Montanez v. Price

District Court, M.D. Pennsylvania · Aug 23, 2023

As noted above, a plaintiff may establish supervisory liability if he demonstrates that a supervisor established and maintained a policy, practice, or custom that directly caused the constitutional harm. … Jan. 16, 2007) (concluding that non-medical personnel were entitled to qualified 13 immunity regarding inmate’s Eighth Amendment claim that he was deprived of a specific shower chair

Doe v. Liberatore

478 F. Supp. 2d 742 · District Court, M.D. Pennsylvania · Mar 19, 2007

As such, the statute clearly applies to the Diocesan Defendants. … Tuttle, Sexual Misconduct and Ecclesiastical Immunity, 2004 B.Y.U.

Richard B. Roush, Inc. v. New England Mutual Life Insurance

166 F. Supp. 2d 187 · District Court, M.D. Pennsylvania · Oct 16, 2001

to establish as a matter of law that it breached fiduciary duties; (3) that even if New England breached fiduciary duties, plaintiffs have failed to establish that such breach caused plaintiffs’ alleged damages; (4) that … Although stating that “§ 1106(b) [is] clearly ... applicable” to its claims, plaintiffs fail to establish how their bald allegations fit within the provisions of § 1106(b).

Russin v. Wal-Mart Stores East, LP d/b/a Wal-Mart Distribution Center

District Court, M.D. Pennsylvania · Feb 25, 2025

Because this is clearly a factual question, summary judgment Is in fact rarely appropriate in this type of case. … impairments related to his major bodily functions, including the functions of his immune system.

WARTLUFT v. THE MILTON HERSHEY SCHOOL AND SCHOOL TRUST

District Court, M.D. Pennsylvania · Mar 6, 2020

In order to obtain a protective order, a party must establish “good cause” for the order, which requires “a showing that disclosure will work a clearly defined and serious injury to the party seeking [to prevent] disclosure … In determining whether a party has established good cause for a protective order, courts must consider a number of factors. In Pansy v.

Thomas D. Nicholson, Jr. v. Theodoor Voorstad, MD, et al.

District Court, M.D. Pennsylvania · Dec 8, 2025

Attorneys are immune from control or interference through mandamus or otherwise by private citizens or by courts.” (quoting Bass Angler Sportsmen Soc. v. U.S. Steel Corp., 324 F. Supp. 412, 415 (D. … If Nicholson intends to pursue state-law tort claims, he must clearly identify the type of tort claim he is asserting and include factual allegations that establish the elements of the claim.