Case law

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  • Gillis v. Lycoming-Clinton Counties Commission for Community Action (STEP), Inc.

    District Court, M.D. Pennsylvania · Jun 1, 2022

    D10 – Mar. 7–8, 2019 Plankenhorn & Gillis responded, “Jim, I appreciate that but at the same time, my FMLA paperwork clearly states that I can answer emails, etc. … Terry Roller appointed her to an HR position due to an agency necessity, even though she wasn’t qualified.

    Cited 0 timesUnknown
  • Johnson, Sr. v. USP-Canaan

    District Court, M.D. Pennsylvania · May 31, 2022

    According to Plaintiff, this was “clearly systematic racism by these federal actor’s [sic] at USP Canaan[.]” (Id.) … To avoid dismissal under Rule 6 Plaintiff’s claims are not clearly laid out in his amended complaint.

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  • Jones v. Edem

    District Court, M.D. Pennsylvania · Aug 19, 2022

    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 amended complaint clearly alleges that Hoffner and Palerino were the only Defendants personally involved in the alleged assault on October 2, 2018, so I will further limit my analysis to whether Defendants were personally

    Cited 0 timesUnknown
  • Chapman v. Rickard

    District Court, M.D. Pennsylvania · Apr 18, 2024

    The BOP, following well-settled case law and firmly established policy, correctly calculated Chapman’s presentence credit. … Chapman also appears to argue that the BOP is incorrectly interpreting the sentencing court’s “clearly expressed intent” and “creating a consecutive sentence based on a misinterpretation.”37 This argument is baseless.

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  • Studders, DMD v. Geisinger Medical Center

    District Court, M.D. Pennsylvania · Feb 11, 2021

    Green.69 In order to establish sex discrimination, Plaintiff must show that: “(1) she is a member of a protected class; (2) she was qualified for the position in question; (3) she suffered an adverse employment action … qualify as fringe benefits.

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  • Castello v. Arbogast

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

    If the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden at trial,” summary judgment is appropriate … Harris, 550 U.S. 372, 380– 81, 127 S.Ct. 1769, 167 L.Ed.2d 686 (2007) (reversing court of appeals ruling with respect to application of qualified immunity in an excessive force case, noting that the court of appeals erred

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  • Carrera II v. Mason

    District Court, M.D. Pennsylvania · Mar 31, 2025

    established Supreme Court law. … The “clearly established Federal law” governing sufficiency of the evidence claims is set forth in the United States Supreme Court's decision in Jackson v. Virginia, 443 U.S. 307 (1979).

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  • Mujica-Marquez

    District Court, M.D. Pennsylvania · May 27, 2026

    procedure is clearly shown to be inadequate to prevent irreparable harm.”28 As it relates to an appeal of the denial of bond, futility is apparent because “‘it is not at all clear that the BIA could evaluate the legality … First, the IJ provides no basis to conclude that nearly four years—a facially significant amount of time—qualifies as a short duration, and he provides no legal basis for such a conclusion.49 And the reason why a short

    Cited 0 timesUnknown
  • Jones v. Wetzel

    District Court, M.D. Pennsylvania · Aug 10, 2021

    The two-pronged test established in Strickland “qualifies as ‘clearly established Federal law’” for purposes of the AEDPA. See Rainey v. Varner, 603 F.3d 189, 197 (3d Cir. 2010) (quoting Williams v. … The facts of Strong are clearly inapposite to the present case. Here there is no evidence the Commonwealth made any promise of leniency to Holden.

    Cited 0 timesUnknown
  • Wilkins v. Wolf

    District Court, M.D. Pennsylvania · Jun 10, 2021

    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 … Shabazz, 482 U.S. 342, 348 (1987) (“Inmates clearly retain protections afforded by the First Amendment . . . including its directive that no law shall prohibit the free exercise of religion.”)

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  • Seiu Healthcare Pennsylvania, CTW, CLC v. Regional Hospital

    106 F. Supp. 3d 523 · District Court, M.D. Pennsylvania · May 15, 2015

    The Court recognized the existence of a public *545 policy to protect patients by requiring nurses to be “qualified” and “competent”. … However, it is equally well established since the decision in United Steelworkers of America v.

    Cited 1 timesPublished
  • Rivera v. Knapp

    District Court, M.D. Pennsylvania · Jan 7, 2025

    To establish a Section 1983 claim, a plaintiff must establish that the defendants, acting under color of state law, deprived the plaintiff of a right secured by the United States Constitution. … In some cases, causation can be established “from the evidence gleaned from the record as a whole.” .

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  • Roche v. SCI-Mahanoy RHU

    District Court, M.D. Pennsylvania · Oct 24, 2024

    In the present matter, Roche failed to establish good cause. … Based upon the lack of any reasonable explanation for his failure to adhere to the requirements of Rule 4, the Court finds that Roche failed to establish good cause.

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  • Harrell

    District Court, M.D. Pennsylvania · Apr 6, 2026

    The fact that Harrell previously mentioned these statements—in a document that itself would likely constitute hearsay—does not establish that the statements are not hearsay. … Opinion testimony based on the witness’s scientific, technical, or other specialized knowledge may only be given if the witness has been qualified as an expert witness under Federal Rule of Evidence 702.

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  • Stewart v. Ferguson

    District Court, M.D. Pennsylvania · Feb 9, 2021

    Section 2254(d) “preserves authority to issue the writ in cases where there is no possibility fairminded jurists could disagree that the state court’s decision conflicts with” clearly established Supreme Court precedent … Therefore, in the instant case, ineffectiveness of initial-review PCRA counsel can qualify as “cause” to excuse a procedural default of a claim of ineffective assistance of trial counsel, so long as that defaulted claim

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  • United States v. Sanders

    3 F. Supp. 2d 554 · District Court, M.D. Pennsylvania · Apr 29, 1998

    B.Ineffective Assistance of Counsel To establish a claim of ineffective assistance of counsel, a defendant must establish that (1) the performance of counsel fell below an objective standard of reasonableness, and (2) the … It also should be noted that Brewer’s statement regarding prior stealing was qualified: “... I never took a thing a day in my life until I met Mr.

    Cited 15 timesPublished
  • Mosley v. Attorney General of PA

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

    Rather, “[t]he state court’s application of clearly established law must be objectively unreasonable” before a federal court may grant the writ. Andrade, 538 U.S. at 75. … The two-pronged test established in Strickland “qualifies as ‘clearly established Federal law’ ” for purposes of the AEDPA. See Rainey v. Varner, 603 F.3d 189, 197 (3d Cir. 2010) (quoting Williams v.

    Cited 0 timesUnknown
  • Watley v. Commonwealth Of Pennsylvania

    District Court, M.D. Pennsylvania · Jun 14, 2021

    “The plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these elements.” Id. … And “[w]here, as here, a case is at the pleading stage, the plaintiff must ‘clearly . . . allege facts demonstrating’ each element.” Id. (footnote omitted) (quoting Warth v.

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  • "R.D" v. Shohola Camp Ground and Resort

    District Court, M.D. Pennsylvania · Aug 13, 2019

    Provided an expert is qualified to give opinion testimony in a given area, the testimony must also be reliable. … While these principles favoring inclusion of evidence are subject to some reasonable limitations, even those limitations are also cast in terms that clearly favor admission of relevant evidence over preclusion of

    Cited 0 timesUnknown
  • Tech v. United States

    284 F.R.D. 192 · District Court, M.D. Pennsylvania · Jun 18, 2012

    resolution of this concern, which would apparently be that the IRS should not be permitted to use this information for tax enforcement purposes, simply creates a new dilemma, by both effectively enjoining tax law enforcement and immunizing … certain exceptions, and he states that "there are several applicable exceptions,” (Doc. 188, at 9 n. 8), although he does not explain how the exceptions are relevant to this suit or the discovery process he is attempting to establish

    Cited 6 timesPublished

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