Case law

Arias v. Superintendent, SCI Fayette

District Court, M.D. Pennsylvania · Jul 25, 2024

Clearly, this disposition was an independent state ground.”). … established case law; see 28 U.S.C

Beard v. Helman

District Court, M.D. Pennsylvania · Mar 6, 2024

clearly and quickly. … As the Third Circuit clearly cited to Nimmer’s treatise, stated only that a joint author’s contribution must be “non- trivial,” and cited to Gaiman v.

Baker v. Benton Area School District

District Court, M.D. Pennsylvania · Oct 29, 2019

Qualified Immunity The BASD Defendants argue that Baker “possessed no clearly defined right to be free from [Genovese and Kocher’s] actions of meeting with and reporting her behavior … Thus, the BASD Defendants do not enjoy the protections of qualified immunity. e.

Krantz v. Steiler

District Court, M.D. Pennsylvania · Apr 5, 2024

potential rate of error; (4) the existence and maintenance of standards controlling the technique’s operation; (5) whether the method is generally accepted; (6) the relationship of the technique to methods which have been established … experience in the industry; it merely prevents him from rendering an expert opinion as to the thoroughness and contents of Keystone COG’s inspection specifically, because this opinion is based almost solely upon the clearly

Moore-Brown v. United States

District Court, M.D. Pennsylvania · May 8, 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.

Weiss v. Green

129 F. Supp. 2d 742 · District Court, M.D. Pennsylvania · Feb 7, 2001

Greenberg, 354 Pa.Super. 346 , 511 A.2d 1371, 1376 (1986)(“It is well-established in Pennsylvania that in informed consent cases, expert testimony is not necessary to establish the medical community’s standard of disclosure … The surgical space is inflated through the use of a balloon-like instrument so that the surgeon can see clearly into both sides of the groin. ' 23.

Fisher v. Matthews

792 F. Supp. 2d 745 · District Court, M.D. Pennsylvania · May 20, 2011

Where there is no material fact in dispute, the moving party need only establish that it is entitled to judgment as a matter of law. … prove the following two essential elements: (1) that the conduct complained of was committed by a person acting under color of state law; and that the conduct complained of deprived the Plaintiff of rights, privileges or immunities

Dolfi v. Disability Reinsurance Management Services, Inc.

584 F. Supp. 2d 709 · District Court, M.D. Pennsylvania · Aug 21, 2008

Youroris diagnosis of PTSD because the work incident did not qualify as a life-threatening injury. (Id.) Accordingly, Dr. … Neu-ren is sufficiently qualified such that his selection by DRMS to review Ms. Dolfi’s claim was not arbitrary and capricious.

Gelsinger v. Capozza

District Court, M.D. Pennsylvania · May 21, 2024

Here, there was clearly sufficient evidence for a finder of fact to convict Gelsinger. … The Superior Court’s conclusion that the trial court’s jury instruction was sufficient to cure any prejudice to Gelsinger was reasonable and was not contrary to clearly established federal law.

Kula v. United States

District Court, M.D. Pennsylvania · May 18, 2021

issue warnings to pilots where a controller (1) has access to information not available to the pilot49; (2) is aware the pilot is about to encounter an immediate and extreme danger50; (3) is better qualified to make a … This clearly does not require any specific course of action in the event of an emergency.70 Accordingly, the Court cannot find that Garland breached a federal duty of care that was not specifically prescribed.

In Re Chocolate Confectionary Antitrust Litigation

674 F. Supp. 2d 580 · District Court, M.D. Pennsylvania · Dec 2, 2009

Alternatively, they contend that Mars Canada’s in-forum purchases, executive travel, and sales of goods qualify as systematic and continuous contacts with the United States. a. … This passive flow of funds from in-forum entities to Nestlé S.A. does not form the cynosure of Nestlé S.A.’s business and is clearly insufficient to confer general jurisdiction.

Ross v. Smith

District Court, M.D. Pennsylvania · Oct 4, 2023

The motion addresses the threshold issue of whether Defendants have met their burden to establish the affirmative defense of Plaintiff Tarahjay M. … immunity.

Santana-Rivas

District Court, M.D. Pennsylvania · Nov 13, 2025

The BIA reached this conclusion despite acknowledging the long- established practice of applying § 1226 to aliens already present in the country after having entered without inspection. … Additionally, the “EAJA is a waiver of sovereign immunity, however, so it must be construed strictly in favor of the United States.” Walker, 2016 U.S. Dist. LEXIS 143127, at *7 n.13, citing Clarke v.

Vedros

District Court, M.D. Pennsylvania · May 14, 2026

While not alone determinative, an infringing work that serves noncommercial purposes is more likely to qualify for fair use.50 However, courts should consider both direct and indirect monetary benefits when analyzing … Regardless, though, weighing the harm from Defendant’s particular actions against the potential harm from widespread infringement, Plaintiff has established market harm.

Riddick v. Link

District Court, M.D. Pennsylvania · Jun 2, 2020

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). … 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.

Kishpaugh v. Kijakazi

District Court, M.D. Pennsylvania · Apr 10, 2025

Weitzner are highly qualified experts who had the opportunity to review the claimant’s records. Accordingly, the undersigned finds these statements are persuasive. … Miller is a highly qualified expert who had the opportunity to assess, evaluate, and examine the claimant. Thus, the undersigned finds Dr.

Hopersberger v. Acting Commissioner of Social Security

District Court, M.D. Pennsylvania · Aug 22, 2023

In such instances, the defendant is plainly prejudiced by the plaintiff’s continuing inaction and dismissal of the case clearly rests in the discretion of the trial judge. Tillio, 256 F. … With respect to equitable tolling claims made in this setting, it is also clear that: “plaintiff bears the burden of establishing that equitable tolling applies. Courtney v.

Sirmons v. United States of America

District Court, M.D. Pennsylvania · Aug 21, 2019

on the merits in state court proceedings, habeas relief cannot be granted unless: the adjudication of the claim – (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … in federal court, we have held that when a petitioner fails to raise his federal claims in compliance with relevant state procedural rules, the state court’s refusal to adjudicate the claim ordinarily qualifies

Krash v. Reliance Standard Life Insurance Co.

248 F. Supp. 3d 600 · District Court, M.D. Pennsylvania · Mar 30, 2017

Liang concluded that her spasms are psychogenic tremor disorder, the plaintiff alleges that she “clearly has a physical condition stemming back to 2007.” … Again, while the plaintiff was diagnosed with these conditions, diagnoses alone do not establish disability. Moreover, also in Dr.

United States v. Goldberg

937 F. Supp. 1121 · District Court, M.D. Pennsylvania · Aug 9, 1996

No financial affidavit having been received from Goldberg, the court continued jury selection from January 3, 1996, to February 14, 1996, and scheduled a hearing with respect to: (a) whether Goldberg qualified financially … Moscony is clearly inapposite. 9 Moreover, the language of the letter is itself strongly suggestive of the lack of merit in the conflict of interest claim.