Case law

Ferreira Dias v. Berryhill

District Court, M.D. Pennsylvania · Sep 30, 2019

Barnhart, the Third Circuit concluded that when the administrative record indicates clearly, as it does here, that the ALJ relied on the voluminous medical evidence as a basis for his findings regarding a plaintiff’s … Jan. 2, 2014) (noting that although former findings lack preclusive effect, they still qualify as relevant evidence); Soli v. Astrue, Civ. No. 8-3483, 2010 WL 2898798, at *6 (E.D. Pa. July 22, 2010) (same).

Brooks v. State College Area School District

District Court, M.D. Pennsylvania · Dec 18, 2023

In the context of middle school athletics, a difference in skill between the male and female athletes is not such an “obvious[ly] alternative explanation”181 to the Plaintiff Players being qualified to make the team that … The analogous Title VII context is instructive.191 Under the burden shifting test established in McDonnell Douglas Corp. v.

Dziedzic v. United Rentals, Inc.

District Court, M.D. Pennsylvania · Mar 22, 2022

Pa. 2005) (denying defendant’s motion for summary judgment because it “may qualify as a ‘seller’ subject to § 402A liability”); see also Wolf v. Methodist Hosp., No. CIV.A. 84-6258, 1987 WL 18585, at *5 (E.D. Pa. … Clearly, Messrs. Dziedzic and Wielgosz were not aware of the TAG recommended practice for lock back pin removal and insertion.

Wallace v. Powell

District Court, M.D. Pennsylvania · Aug 16, 2022

Plaintiffs’ statement of material facts establishes the following narrative. … facilities, clearly aware that such shutdowns would directly benefit PACC. (See id. at 10).

Bird v. Borough of Moosic

District Court, M.D. Pennsylvania · Sep 24, 2021

Here, Bird clearly spoke with the police chief as a citizen, rather than in her capacity as a police officer. … To establish a prima facie case of gender discrimination, a plaintiff must show that: (1) she is a member of a protected class; (2) she was qualified for the position at issue; (3) she suffered an adverse employment

ROSADO v. JANE DOE (LAW LIBRIAN)

District Court, M.D. Pennsylvania · Sep 30, 2022

To establish a claim under § 1983, Plaintiff must establish a deprivation of a federally protected right and that this deprivation was committed by a person acting under color of state law. Woloszyn v. … Once again, Plaintiff’s uncorroborated self-serving allegation that he received no care in his verified complaint is clearly contradicted by his medical records, and the court may disregard this allegation.

Commonwealth of Pennsylvania Department of Environmental Resources v. Williamsport Sanitary Authority

497 F. Supp. 1173 · District Court, M.D. Pennsylvania · Nov 20, 1980

EPA with a “reimbursement listing” of Pennsylvania projects qualified for § 206(a) funding. (Exhibit D-23). (U) 88. … Edelman clearly establishes the principle that the power of a federal court does not extend to directing a state to pay a money judgment for past conduct found to be unlawful.

QUILES v. TICE

District Court, M.D. Pennsylvania · Nov 15, 2021

not be granted unless: the adjudication of the claim[] (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly … relief 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

Perry v. Briggs

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

Perry, whose amended complaint clearly indicates that he was under the care of multiple medical providers,31 has not indicated why the warden’s and deputy wardens’ purported conduct rose to the level of deliberate indifference … entities such as prisons, medical departments, or private medical companies generally do not qualify as “persons” for purposes of Section 1983.37 Accordingly, any Section 1983 claim against defendant PrimeCare

Bruce v. City of Pittston, Pennsylvania

District Court, M.D. Pennsylvania · Oct 10, 2023

“Granting a 12(c) motion results in a determination on the merits at an early stage in the litigation,” and thus, the movant is required “ ‘to clearly establish [ ] that no material issue of fact remains to be resolved … While there is no “calibrated yard stick” upon which to measure such conduct, the United States Supreme Court has recognized that “only the most egregious official conduct” qualifies. Kaucher v. Cty.

McDonald v. Bisignano

District Court, M.D. Pennsylvania · Aug 22, 2025

. §404.1529(a) (“statements about your pain or other symptoms will not alone establish that you are disabled.”). … Further, McDonald is correct that, if her statements about her symptoms were credited, the VE’s testimony makes clear that she would be unable to work, and so would qualify as disabled. ( Tr. 71).

Rosario-Torres v. Lane

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

Thus, the Court must examine the facts surrounding Rosario-Torres’ police interview in order to determine if the state court's holding was contrary to, or an unreasonable application of, clearly established federal law. … or involved an unreasonable application of, clearly established federal law.

Noma v. Capital BlueCross

District Court, M.D. Pennsylvania · Jun 16, 2025

These allegations are sufficient to establish that Noma asked Peopleshare for medical leave. … Clearly, the applicability of punitive damages here requires a fact-intensive inquiry as to each Defendant’s state of mind. See id.

Urrutia v. Wal-Mart Stores, Inc.

District Court, M.D. Pennsylvania · Oct 27, 2020

Therefore, the non-moving party may not oppose summary 4 Plaintiffs counsel denies that Plaintiff identified herself in the store video at 12:10:36 p.m. and 12:11:08 p.m., but Plaintiff's deposition testimony clearly demonstrates … Here, the parties agree that Plaintiff qualifies as an invitee.

Newton v. Saul

District Court, M.D. Pennsylvania · Nov 24, 2020

LaJeunesse was not qualified to make such a determination because he is a psychologist, not a medical doctor. Id. The ALJ then mentioned Mr. … Fremont clearly opined that Mr. Newton’s mental disorder meets the requirement of the Listing of Impairments. Alternatively, the Commissioner argues that the ALJ reasonably discounted Dr.

Wallace v. Powell

District Court, M.D. Pennsylvania · Aug 16, 2022

Plaintiffs’ statement of material facts establishes the following narrative. … facilities, clearly aware that such shutdowns would directly benefit PACC. (See id. at 10).

Heller v. Kijakazi

District Court, M.D. Pennsylvania · Jan 27, 2025

In this case, the evidence fails to establish the presence of the “paragraph C” criteria because there is no evidence that the claimant experiences marginal adjustment. … 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 22

Osagie v. Borough of State College

District Court, M.D. Pennsylvania · Feb 22, 2022

Pieniazek, as an SCPD officer, qualifies as a federal law enforcement officer.83 Nor would it appear that the treatment Pieniazek obtained would qualify as a peer support counseling program.84 … circumstances.88 It is equally well established, however,   87 Fed.

MARCY v. WARDEN, SCI GRATERFORD

District Court, M.D. Pennsylvania · Apr 17, 2020

“To qualify as an “adequate” procedural ground, a state rule must be “firmly established and regularly followed.” Walker v. Martin, 562 U.S. 307, 316 (2011). … See Loner, 836 A.2d at 141-42 (2003) (The Superior Court reviewed whether the PCRA Court clearly abused its discretion in denying Appellant a new trial based upon after-discovered recantation evidence and affirmed the

McCollum v. Pries

District Court, M.D. Pennsylvania · Apr 2, 2024

to the prison setting, the United States Supreme Court has explained that “convicted prisoners do not forfeit all constitutional protections by reason of their conviction and confinement in prison[,]” and, thus, they “clearly … immunity argument at this time.