Case law

Opinions from 1658 to today.

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  • Kula v. United States

    District Court, M.D. Pennsylvania · May 11, 2020

    Further, the court cannot “resolve disputed and relevant factual issues on conflicting affidavits of qualified experts.” … ”  15:53:59: Garland: “Bonanza three six hotel tango you established?”  15:54:02: Apfelbaum: “established if I could have vectors to final please.

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  • Bell v. Finley

    District Court, M.D. Pennsylvania · May 27, 2022

    procedure is clearly shown to be inadequate to prevent irreparable harm”); Carling v. … The BOP has established a multi-tier system whereby a federal prisoner may seek formal review of any aspect of his imprisonment. 28 C.F.R. §§ 542.10-542.19 (2005).

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  • Cauley, M.D., Ph.D. v. Geisinger Clinic

    District Court, M.D. Pennsylvania · Mar 20, 2024

    In contrast, Geisinger points to deposition testimony that clearly supports its assertion that the results of that review were unfavorable. … Cauley’s salary, he does not qualify as Dr.

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  • Wilson v. Saul

    District Court, M.D. Pennsylvania · Mar 7, 2022

    Sklaroff is a highly qualified expert who had the opportunity to review the claimant’s records. Therefore, the undersigned gives Dr. … He was clearly ignorant of ENS as a diagnosis, much less the symptoms, causes and treatment of the same.

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  • Seltzer

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

    With their statement of facts, defendants have met their burden to show Seltzer’s failure to establish all three of the above elements. Hugh v. Butler Cnty. Fam. … Additionally, the court need not reach any determination as to whether the individual defendants were personally involved in the alleged violations or whether those defendants enjoy qualified immunity.

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  • Cauley, M.D., Ph.D. v. Geisinger Clinic

    District Court, M.D. Pennsylvania · Feb 13, 2024

    In contrast, Geisinger points to deposition testimony that clearly supports its assertion that the results of that review were unfavorable. … Cauley’s salary, he does not qualify as Dr.

    Cited 0 timesUnknown
  • Landau v. Lamas

    District Court, M.D. Pennsylvania · Aug 1, 2019

    Landau cites no case establishing that proposition. … To start, Landau does not clearly establish how the part of his equal protection claim that is premised on DOC Defendants’ treatment of Zong, such as her hiring, discipline, and eventual prosecution, sustains his equal

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  • Aquino v. Hazleton Area School District

    District Court, M.D. Pennsylvania · Oct 28, 2024

    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 … This includes, but is not limited to, disregard for serious concerns related to disparate student discipline, student registration procedures founded on unfair stereotypes, inadequate school staffing, lack of qualified

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  • Hernandez-Nieves v. Kijakazi

    District Court, M.D. Pennsylvania · Feb 14, 2023

    Introduction The Social Security Act provides a social safety net for children who face profoundly disabling physical or emotional impairments but in order to qualify … The Social Security Act provides that in order to qualify for disability benefits, a child must have “a medically determinable physical or mental impairment, which results in marked and severe functional

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  • Stoud v. Susquehanna County

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

    “The Supreme Court has clarified that an individual qualifies as a supervisor in harassment actions ‘only when the employer has empowered that employee to take tangible employment actions against the victim, i.e … In fact, both men advised the two Commissioners to stop their actions against plaintiff since it was clearly wrong.

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  • United States v. Smith

    602 F. Supp. 388 · District Court, M.D. Pennsylvania · Feb 15, 1985

    In orders dated January 15 and January 21, 1985, the Court scheduled a hearing on the newspapers’ motions and established a schedule for the submission of briefs regarding the newspapers’ motions. … Release of the list of names of unindicted co-conspirators clearly would invade the privacy rights of those individuals.

    Cited 5 timesPublished
  • Thru Tubing Solutions, Inc. v. Robbins

    District Court, M.D. Pennsylvania · Dec 11, 2023

    b)(6).”32 A Rule 12(b)(6) dismissal is “an acceptable means of enforcing” a forum selection clause when “the clause allows for suit in either a state or federal forum.”33 Since “the function of Defendants’ motion is clearly … competitors.74 Therefore, this pricing information qualifies as a protectable trade secret. b.

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  • Cotton v. Damiter

    District Court, M.D. Pennsylvania · Dec 8, 2021

    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 … for summary judgment rather than his response to Defendants’ statement of material facts as required by Local Rule 56.1, I will excuse this procedural error because Plaintiff is proceeding pro se and because he has clearly

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  • Melo v. Giroux

    District Court, M.D. Pennsylvania · Jun 27, 2022

    at 101, 131 S.Ct. 770 (quoting Williams, 529 U.S. at 410, 120 S.Ct. 1495), and whether we ‘conclude[ ] in [our] independent judgment that the relevant state-court decision applied clearly established federal law erroneously … For AEDPA purposes, the Strickland test qualifies as “clearly established Federal law, as determined by the Supreme Court.” Williams, 529 U.S. at 391, 120 S.Ct. 1495.

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  • Ghalib v. Lycoming College

    District Court, M.D. Pennsylvania · Sep 23, 2025

    The Plaintiff has also established the adverse action prong. … This too is sufficiently established, here.

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  • Kurti v. Douglas K. White, Warden

    District Court, M.D. Pennsylvania · Apr 29, 2020

    Thus, Kurti has clearly failed to exhaust administrative remedies with respect to the time credit he requests in the instant petition. … In his petition for writ of habeas corpus, Kurti sets forth over thirty “Productive Activities” that he believes qualify for credit under the FSA. (Doc. 1 at 22.)

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  • Martinez v. Overlander

    District Court, M.D. Pennsylvania · Apr 14, 2023

    The clearly established ineffective assistance of counsel standard as determined by the Supreme Court of the United States is as follows: Ineffective assistance of counsel claims are “governed … For AEDPA purposes, the Strickland test qualifies as “clearly established Federal law, as determined by the Supreme Court.”

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  • Conklin v. Harley-Davidson Motor Company

    District Court, M.D. Pennsylvania · Sep 28, 2023

    Hallman is qualified to opine on Harley-Davidson’s conduct in its recall investigation, including the timing of the eventual recall. Mr. … Conklin also fails to establish Mr.

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  • Masciantonio v. SWEPI LP

    195 F. Supp. 3d 667 · District Court, M.D. Pennsylvania · Jul 15, 2016

    The court declines SWEPI’s final entreaty to immunize it from proven contractual liability. IY. Conclusion Established principles of contract interpretation resolve this dispute. … Plaintiffs agree with this established principle.

    Cited 5 timesPublished
  • Longo, Jr. v. Trostle, RNS

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

    Federal Rule of Civil Procedure 8 establishes the general rules of pleading. See FED. R. Civ. P. 8. … Again, Pennsylvania law requires expert testimony to establish a claim for medical negligence.

    Cited 0 timesUnknown

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