Case law

Rhine v. Saul

District Court, M.D. Pennsylvania · Jan 26, 2021

In this matter, the record clearly does not establish these criteria. … Zebley, 493 U.S. 521, 530 (1990), Meeting only some criteria of a listing “no matter how severely does not qualify.” Id.

Small v. Kauffman

District Court, M.D. Pennsylvania · Dec 3, 2021

1983 claim, a plaintiff must plead two essential elements: (1) the conduct complained of was committed by a person acting under color of state law; and (2) the conduct deprived the plaintiff of a right, privilege, or immunity … If Small decides to file an amended complaint, he must clearly label it as such on the face of the document.

Mummert v. United States of America U.S. Department of Justice

District Court, M.D. Pennsylvania · Sep 27, 2024

ANALYSIS “It is well settled that the United States enjoys sovereign immunity from suits and, accordingly, may be sued only if it has waived that immunity. … erroneous and would create manifest injustice.”118 These rationales combine here because, even if Judge Rambo’s footnote could be considered a holding, it made the clearly erroneous error of not acknowledging

Kendall v. SCI-Muncy Medical Department

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

was committed by a person acting under color of state law.”20 Only “persons” are subject to suit under Section 1983, and entities such as prisons, medical departments, or private medical companies generally do not qualify … These allegations clearly sound in professional negligence (or medical malpractice); they do not implicate a Section 1983 claim of deliberate indifference to serious medical needs.28 Accordingly, Kendall’s Section 1983

Stevens v. Sullum

District Court, M.D. Pennsylvania · Sep 26, 2022

Rule 26(b)(3) establishes two types of work product: first, general documents and tangible things that are prepared in anticipation of litigation, and second, work product that consists of “mental impressions, conclusions … General public relations advice, even if it bears on litigation, does not qualify for work-product protection. A media campaign is not a litigation strategy. Egiazaryan v.

Rescigno v. Statoil USA Onshore Properties INC

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

Therefore, no current leaseholder can argue they will be owed a royalty payment and therefore can qualify. … Objectors clearly do not demonstrate that any of the three grounds exist in this case, which are required for the court to grant reconsideration.

United Financial Casualty Company v. Mid State Logistics LLC

District Court, M.D. Pennsylvania · Jun 10, 2022

Williams, 579 F.3d 469, 471, 474–76 (2009) (finding that both members of a driving team, despite one also qualifying as an employer, were employees under § 390.5); Consumers Cnty. Mut. Ins. Co. v. … The activities of each of the pair during a single driving stint, including his rest period, are clearly within the course of his employment.”). 53 See 49 C.F.R. § 390.5 (“Employee

Rinaldi v. United States of America

District Court, M.D. Pennsylvania · Nov 26, 2019

procedurally improper administrative request on the merits; and (3) whether a prison’s housing and cellmate assignments meet the discretionary function exception to the [FTCA’s] limited waiver of sovereign immunity … Rather, the proposed amendment suggests that Beaver and Raup were clearly aware of the threat made by inmate Pink and took no action to stop Plaintiff’s placement in that cell.

Welsh v. Garman

District Court, M.D. Pennsylvania · Mar 1, 2024

In applying it, this Court’s first task is to ascertain what law falls within the scope of the “clearly established Federal law, as determined by the Supreme Court of the United States[,]” 28 U.S.C. §2254(d)(1). … Because the state court’s rejection of this claim does not violate clearly established federal law, nor was it an unreasonable application of Supreme Court precedent, this claim is denied. c.

Schade v. McGinley

District Court, M.D. Pennsylvania · Oct 30, 2020

Hence, the federal petition, which was filed on June 4, 2019, is clearly untimely. … Schade has not satisfied any facts that fall under any of the qualifying circumstances for invoking equitable tolling.

Ankney v. Paradise Township

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

Ankney alleges that he has had a speech impediment since childhood and, as a result, he has difficulty speaking clearly. (Id. ¶¶ 60, 61.) … Third, a “specific injury-causing action[] taken by a government official who is responsible for establishing municipal polices” may establish a municipal policy or custom. Schlaybach, 434 F. Supp. 3d at 351.

BERNIER v. UNITED STATES OF AMERICA

District Court, M.D. Pennsylvania · Feb 24, 2022

Both the letter and the envelope must be clearly marked ‘Freedom of Information Act Appeal.” (Id. § 36). lll. Legal Standards A. … To the contrary, it establishes that Bernier had ready access to the administrative remedy process.

WARTLUFT v. THE MILTON HERSHEY SCHOOL AND SCHOOL TRUST

District Court, M.D. Pennsylvania · Mar 18, 2020

In this case, neither party has pointed to clearly binding precedent which identifies when an in loco parentis duty ends. … Clearly, Defendants were presented with a student who was suffering from increasing suicidal ideations with a history of depression and suicidal tendencies.

Transguard Insurance Co. of America, Inc. v. Hinchey

433 F. Supp. 2d 450 · District Court, M.D. Pennsylvania · May 30, 2006

While this statement somewhat deflates the concept that corporate officers are automatically considered class-one insureds, the Court clearly stops short of saying they are not. … According to Plaintiff, the rules established by the Insurance Services Office, Inc., state that a 'fleet policy is a commercial auto policy which covers five (5) or more autos.

The United States of America ex rel Jesse M. Polansky, M.D., M.P.H. v. Geisinger Holy Spirit

District Court, M.D. Pennsylvania · Apr 30, 2025

In this latter case, the court must determine whether facts establishing the essential elements of fraud— and, consequently, providing a basis for the inference … Where the Government already has been party to a suit based on the same allegations, the Government is clearly capable of pursuing the suit itself, and the government

Kuhn v. Gillmore

District Court, M.D. Pennsylvania · Dec 3, 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.

Williams v. Miller

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

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. … or to establish his other unchallenged robbery charge, which, of course, also could be established only if a theft occurred.

Simonson v. Borough of Taylor

District Court, M.D. Pennsylvania · Mar 30, 2020

Lancaster, 45 F.3d 780, 788 (3d Cir. 1995)). 8The court does not address defendants’ penultimate argument that Roche is entitled to qualified immunity since it has found that he is entitled to summary … However, the court notes that Roche would be entitled to qualified immunity since plaintiff cannot satisfy the first prong of the analysis, i.e., he has failed to show the violation of a constitutional right by Roche.

Miller v. Borger

District Court, M.D. Pennsylvania · Sep 30, 2021

Nor can an inmate avoid this exhaustion requirement by merely alleging that the administrative policies were not clearly explained to him. Warman, 49 F. App’x at 368. … civil rights claim, must plead two essential elements: (1) that the conduct complained of was committed by a person acting under color of law, and (2) that said conduct deprived the plaintiff of a right, privilege, or immunity

DeLuca’s Auto Repair Inc., et al. v. City of Hazleton, et al.

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

Ultimately, the City awarded both exclusive towing contracts to Paul’s Towing in a process that was allegedly rigged to favor Paul’s Towing over other, allegedly more qualified bidders, including the … To establish a § 1983 claim, a plaintiff must establish that the defendant, acting under color of 12 As noted above, the plaintiffs have waived their § 1983 procedural due process claims (Count I)