Case law

Keyser v. Commonwealth National Financial Corp.

675 F. Supp. 238 · District Court, M.D. Pennsylvania · Jun 30, 1987

The documents show clearly that Commonwealth did not want a higher Meridian offer. It shows clearly that they were afraid they were going to scare away their preferred White Knight. And I suggest to you that Mr. … An exchange of stock pursuant to a merger, however, *254 may qualify as a purchase for purposes of § 10(b). See Richardson v. Hamilton Int'l Corp., 62 F.R.D. 413, 418 (E.D.Pa.1974).

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

Beavers v. Saul

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

On this score, however, it is also clearly established that the ALJ’s treatment of this issue must go beyond a summary conclusion, since a bare conclusion “is beyond meaningful judicial review.” … In our review of the record, we find only one test result, which clearly satisfies neither A nor B criteria for Listing 2.10. (See Tr. 1845.)

Estate of Jacqueline Abrams by Reynaldo Marcano, Administrator v. Crestbrook Insurance Company

District Court, M.D. Pennsylvania · Jun 4, 2026

If the policy language is clear and unambiguous, courts must give effect to that language according to its plain and ordinary meaning, unless doing so would violate a clearly established public policy. Kurach v. … Second, Crestbrook asserts that the PA Property did not qualify as | the “residence premises” and therefore was not covered under the Policy.

Saillant v. Barr

District Court, M.D. Pennsylvania · Apr 16, 2020

need not resolve the point at which a challenge to the conditions of a petitioner’s confinement becomes cognizable in a habeas corpus petition, because this case presents the “extreme case” in which such a challenge is clearly … District Judge Yvette Kane considered a habeas petition brought by an immigration detainee who had not been diagnosed with COVID-19, but had been assessed as possibly having anemia, which could potentially affect his immune

Walls v. Wakefield

District Court, M.D. Pennsylvania · Oct 4, 2022

Rather, “[the 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 establishecl Federal law’ ” for purposes of the AEDPA. See Rainey v. Varner, 603 F.3d 189, 197 (3d Cir. 2010) (quoting Williams v.

United States v. Gleneagles Inv. Co., Inc.

571 F. Supp. 935 · District Court, M.D. Pennsylvania · Sep 13, 1983

The check for $385,000 was drawn on the escrow account established pursuant to the terms of the December 15,1976 mortgage sale contract. 192. … With the assistance of strip maps attached to the deeds, many, if not all, of the Raymond Colliery properties listed for tax sale in 1976 and identified in part or in whole by a function • number could have been found by a qualified

Hall v. Lidwell

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

complained of was committed by a 13 person acting under color of state law, and (2) that said conduct deprived the plaintiff of a right, privilege, or immunity … The second requirement requires a Plaintiff to clearly allege in the Complaint the official acts that frustrated the underlying litigation.

Epsilon Energy USA, Inc. v. Chesapeake Appalachia, LLC

District Court, M.D. Pennsylvania · Sep 22, 2021

As Epsilon notes, references to a plural in the JOAs should be understood to include the singular unless the context clearly suggests otherwise, and the court does not find that the context of Article VI.2(a) clearly … Unlike course of dealing evidence, which may be used to supplement or qualify the terms of an agreement, course of performance evidence “may be used only to interpret a contract.” Id. (citing Matthews v.

Pahlevani

District Court, M.D. Pennsylvania · Mar 31, 2026

To establish a case of race discrimination under § 1981, a plaintiff must establish that he or she: (1) is a member of a protected class; (2) was qualified for the position; (3) suffered an adverse … Pahlevani has adduced sufficient evidence to establish a case of sex discrimination under Title IX; (2) the defendant employer has clearly met its burden to articulate a legitimate, nondiscriminatory reason

Soldridge, Jr. v. Ransom

District Court, M.D. Pennsylvania · Mar 28, 2022

Plaintiff further claimed that Defendant Ransom denied his appeal even though Plaintiff had “clearly pointed out the staffs [sic] misconduct[.]” (Id.) … Under the objective component, the Court must consider “if the alleged wrongdoing was objectively ‘harmful enough’ to establish a constitutional violation.” See Hudson v.

Odgers v. Progressive Northern Insurance Company

District Court, M.D. Pennsylvania · Nov 1, 2023

Your unwillingness to cooperate prejudiced my client’s ability to actively investigate this claim in order to determine if your client qualified for benefits under this policy. … Nevertheless, a “trial court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” Tartaglione, 228 F. Supp. 3d at 406.

Nittany Outdoor Advertising, LLC v. College Township

22 F. Supp. 3d 392 · District Court, M.D. Pennsylvania · May 20, 2014

Third, the plaintiff must establish that a favorable decision likely would redress the injury. … Nittany clearly meets this requirement — it applied for five permits — and since “it is the existence, not the imposition, of standardless requirements that causes ... injury,” CAMP, 451 F.3d at 1275 , it would appear that

Rank v. Balshy

590 F. Supp. 787 · District Court, M.D. Pennsylvania · Jul 5, 1984

Vincent Scalice and Salvatore Nicosia, fingerprint experts, were well qualified and highly skilled. … Statutory and Other Costs The costs enumerated in 28 U.S.C. § 1920 are clearly costs permissibly taxed under 42 U.S.C. § 1988 .

Costello v. United States

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

April 10, 2020) (the court held that since defendant did not exhaust his BOP administrative remedies as required, “it [did] not decide whether he has established that there are ‘extraordinary and compelling reasons … The determination of which inmates qualify for home confinement under the CARES Act is with the BOP Director. See United States v. Doshi, 2020 WL 1527186, *1 (E.D.Mi.

Stevens v. Sullum

District Court, M.D. Pennsylvania · Feb 24, 2023

“In distinguishing between proceedings which qualify as litigation and those that do not, the adversarial nature of the proceeding is characteristic of litigation.” … Thus, any information that Powell provided to Sweda Advertising is clearly relevant and within the scope of permissible discovery.

Scott, Jr. v. Pennsylvania Department of Corrections

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

To establish a claim under Title II of the ADA, a plaintiff 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 … INDIVIDUAL LIABILITY While Scott clearly brings his ADA and RA claims against the DOC, he also appears to bring the same ADA and RA claims against seventeen individual defendants

Sisiliano-Lopez v. Lowe

District Court, M.D. Pennsylvania · Mar 25, 2020

preventing flight and dangers to the community.”32 Recognizing that ascertaining reasonableness is “necessarily . . . a fact-dependent inquiry that will vary depending on individual circumstances,” the court “decline[d] to establish … Clearly then, Sisiliano-Lopez’s appeal process would not imminently conclude; indeed, the Third Circuit issued a stay of removal order on February 3, 2017. 53 Doc

Weathers v. Kauffman

District Court, M.D. Pennsylvania · Jan 25, 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. … established federal law.

Salay

District Court, M.D. Pennsylvania · Jan 7, 2026

that Respondents Angela Hoover, Immigration and Customs Enforcement (“ICE”) Williamsport Sub Office, Pennsylvania Assistant Office Director Reid, and Amanda Campell2 provide a bond hearing 1 Petitioner’s name was not clearly … While it is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings, the Supreme Court has recognized that detention during deportation proceedings is a constitutionally