Case law

Zier v. Kijakazi

District Court, M.D. Pennsylvania · Jul 17, 2023

However, to qualify for benefits by showing that an impairment, or combination of impairments, is equivalent to a listed impairment, a plaintiff bears the burden of presenting “medical findings equivalent in severity … 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.”

Stockton v. Wetzel

District Court, M.D. Pennsylvania · Jan 4, 2024

As stated above, Plaintiff’s second amended complaint fails to clearly name the defendants in the action. (Doc. 96.) … He must allege: 1) that the alleged misconduct was committed by a person acting under color of state law; and 2) that as a result, he was deprived of rights, privileges, or immunities secured by the Constitution or laws

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.

Watts v. Pekin Insurance

District Court, M.D. Pennsylvania · Mar 19, 2021

Clover, the Circuit evaluated the contract at issue and determined that the concern with bargaining disparity did “not apply to group insurance contracts.”37 But immediately, the court narrowed Clover’s holding again, qualifying … Clearly, Clover did not purport to issue nearly as sweeping a ruling as Pekin would like.

Oliver v. Wetzel

District Court, M.D. Pennsylvania · Mar 23, 2020

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 … Kollman explains that medical providers are qualified only to treat a patient’s symptoms and/or underlying disease of the patient. (Id. at 4).

Rooney v. Kijakazi

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

reflected that Plaintiff had a BMI of 30.21 in March 2020, Plaintiff’s counsel explained to the ALJ that due to substantial weight loss, Plaintiff may no longer have a BMI above 30, and thus would no longer qualify … Not every limitation alleged, however, will be credibly established.

Good v. DOE

District Court, M.D. Pennsylvania · Jun 29, 2021

Furthermore, an inmate may not avoid this exhaustion requirement by merely alleging that the administrative policies were not clearly explained to him. See Warman, 49 F. App’x at 368. … In the instant case, Plaintiff fails to establish plausible supervisory liability claims against Defendant Bartow.

Forrest v. Wetzel

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

Plaintiff’s amended complaint clearly sets forth the eight defendants named above. He identifies Defendant Roller as “Richard D. … To state a claim under 42 U.S.C. § 1983, a plaintiff must allege that misconduct was committed by a person acting under color of state law; and that as a result, he was deprived of rights, privileges, or immunities secured

Sims v. Clark

District Court, M.D. Pennsylvania · Dec 7, 2021

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 … Indeed, the Superior Court of Pennsylvania concluded that Petitioner could not qualify for the “newly-discovered fact exception to the PCRA time-bar” because he “knew of the destruction of his blood samples for more than

Fuentes v. USAA General Indemnity Company

District Court, M.D. Pennsylvania · Apr 1, 2021

In the instant case, the facts are clearly controverted as to whether Santos was physically present and living in English’s Tobyhanna house as of September 2015 through the date of the accident or whether he only briefly … The plaintiff has the burden in establishing the defendant acted in bad faith.

Guevara v. Constar Financial Services, LLC

District Court, M.D. Pennsylvania · Jun 4, 2020

Requiring a consumer to dispute the debt “would have the effect of immunizing false statements that a consumer failed to promptly dispute.” /d. at 248. … Defendant responds, “Case law establishes that a written procedure is not required to establish a bona fide error,” but cites no case law to support this assertion. (Def. Br. Opp’n., Doc. 62, at 6).

Holmes v. American Home Patient/Lincare

District Court, M.D. Pennsylvania · Jul 3, 2023

However, Holmes’ complaint clearly alleges a hostile work environment, not disparate treatment. … peradventure that McCoy qualifies as a management-level employee, as he was the “Center Manager” for the State College location and “also managed the office in Lewistown.”83 Further, there is no evidence that McCoy or

Cruz

District Court, M.D. Pennsylvania · Aug 18, 2026

immunity; and (c) whether Cruz exhausted administrative remedies with respect to his claims against Defendant Marzzacco. … To satisfy this physical injury requirement, the plaintiff must establish “a less-than-significant- but-more-than-de minimis physical injury as a predicate to allegations of emotional injury.” Mitchell v.

Ismail v. Miller

District Court, M.D. Pennsylvania · Apr 11, 2024

is insufficient to establish that it was executed involuntarily.”54 That the environment was intimidating and stressful, emotionally or financially, is “legally insufficient” to establish the Agreement … Defendant asserts “[t]he waiver language in the Forfeiture Settlement Agreement here is unambiguous and is ‘prominent and clearly identifies the rights being waived.’”

Wade v. Baltazar

District Court, M.D. Pennsylvania · Sep 12, 2019

Release Procedures Under 18 USC §3621(e), section 7.b., a federal prison’s Drug Abuse Program Coordinator (“DAPC”) requests an offense review from the DSCC Legal Department after he or she determines that the inmate qualifies … Clearly, Petitioner's claim does not fall within the narrow Dorsainvil exception to the general rule that section 2255 provides the exclusive avenue by which a federal prisoner may mount a collateral challenge

Gelsinger v. Capozza

District Court, M.D. Pennsylvania · Sep 2, 2021

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 … “It is clearly established that this prong is satisfied as long as it is reasonably probable that counsel’s deficient performance impacted only one juror’s verdict.” See Massey v. Sup’t Coal Twp. SCI, --- F.

Scocozzo

District Court, M.D. Pennsylvania · Jul 13, 2026

Under the law, “the temporary involuntary commitment of those deemed dangerous to themselves or others qualifies as a ‘special need’ permitting the state to act without a warrant.” … “Clear and present danger to himself shall be shown by establishing that within the past 30 days...

Matthew B. v. Pleasant Valley School District

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

Finally, the 2011 RR “concluded that the Student continued to qualify for special education as a child with a disability). (Id. at J 37). … Scott P., the Third Circuit clearly held that there is no bar to judicial remand to the Hearing Officer. 62 F.3d at 526 (‘Thus, while the statute clearly proscribes remands within the state’s administrative system, we

JUST v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, M.D. Pennsylvania · Dec 23, 2021

“Evidence should only be excluded on a motion in limine if it is clearly inadmissible on all potential grounds. … We have interpreted this requirement liberally, holding that “a broad range of knowledge, skills, and training qualify an expert.”

Andrews v. The Brethren Mutual Insurance Company

District Court, M.D. Pennsylvania · Oct 12, 2023

“NFPA 921 qualifies as ‘a reliable method endorsed by a professional organization.’”79 However, there is no mention of NFPA 921, or any other standard in his report. … concludes that “it was clear that this fire began within the structure.”82 He notes that a photograph taken by Pilkus during the fire “shows heavy fire in the common hallway at the stairway” and that post fire photographs “clearly