Case law
Opinions from 1658 to today.
2,574 results
1.26s
Pace-O-Matic, Inc. v. Eckert, Seamans Cherin & Mellott, LLC
District Court, M.D. Pennsylvania · Apr 29, 2024
The party appealing the non-dispositive order has the burden of proof to establish that the order was clearly erroneous or contrary to law. See NLRB v. … Second, Westinghouse does not stand for the proposition that legislative or lobbying advice qualifies as legal advice. (Doc. 373, pp. 12–13.)
Cited 0 timesUnknownJUST 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.”
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Feb 28, 2020
Additionally, de minimis use of physical force does not qualify as excessive force unless the force is “repugnant to the conscience of mankind.” … Contrary to Plaintiff’s suggestions, the record clearly establishes that Defendant Rush provided care to Plaintiff for his pain.
Cited 0 timesUnknownMericle v. Jackson National Life Insurance Co.
193 F. Supp. 3d 435 · District Court, M.D. Pennsylvania · Jun 27, 2016
Under Pennsylvania law, a party may assign a contract and “[a]n assignment is a transfer of property or a right from one person to another; unless qualified, it extinguishes the assignor’s right to performance by the obligor … Clearly, all of Jackson’s rights were extinguished upon assignment of the 1996 Loan and it could no longer be liable for breach of contract with regard to the 1996 Loan.
Cited 5 timesPublishedDistrict Court, M.D. Pennsylvania · Nov 20, 2020
Pa.C.S. § 9336(a); and (4) provided that statutory percentages from winnings of race purses would be distributed from the Pennsylvania Breeding Fund as awards for Pennsylvania-bred horses duly registered with the PHBA and qualified … that legal title to the PA-Bred funds is “clearly in [Fantasy Lane] as the judgment-debtor” under Rule 3118.15 See Greater Val.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Oct 16, 2024
They also ensure that the Court will be able to clearly identify and review each argument. … ’s credibly established limitations.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 10, 2025
Walker are highly qualified experts who had the opportunity to review the claimant’s records. (Tr. 23) (emphasis added). … This description clearly misstated Dr. Levandoski’s opinion. Contrary to the ALJ’s assertion, Dr.
Cited 0 timesUnknownLuzerne County Retirement Board v. Makowski
627 F. Supp. 2d 506 · District Court, M.D. Pennsylvania · Nov 27, 2007
Employees of Luzerne County make contributions to the Fund through payroll deductions and, upon retirement, qualify to receive payments from the Fund. 16 P.S. § 11657(a), (b); McCarrell v. … The first prong of Howey is clearly met.
Cited 3 timesPublishedDistrict Court, M.D. Pennsylvania · Feb 11, 2026
To determine whether a noncitizen’s detention has become unreasonable, courts evaluate four factors established by the Third Circuit in German Santos v. … Given that the inquiry is fact-specific, courts have reached different conclusions as to the length of detention that qualifies as reasonable or unreasonable. See Malede v.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jun 6, 2025
This is clearly in retaliation to grievance(s) 872182 and 878355. … The legal standards that govern motions to reconsider are both clear, and clearly compelling.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jul 10, 2025
It is nearly impossible to determine KMEL’s interest in the Monroe County ejection action that she seeks to remove, and she has never clearly stated it in any of her numerous filings. … To qualify as a defendant, therefore, she would have to be an occupant of 5113 Goose Pond Road.
Cited 0 timesUnknownDavenport v. Capio Partners LLC
District Court, M.D. Pennsylvania · Jan 21, 2022
The Court will presume that the ACDV qualifies as newly discovered evidence because, even if it is, the ACDV does not support her claims. The Court will address Plaintiff’s arguments in turn. … Plaintiff’s FCRA Claims The FCRA “created a regulatory framework governing consumer credit reporting” that 4 Plaintiff does not clearly set out what steps she believes Defendant
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 29, 2022
A plaintiff’s own statements “of symptoms, a diagnosis, or a medical opinion” may not be used to establish the existence of a medically determinable impairment. 20 C.F.R. … Here, the ALJ clearly articulated his consideration of factors (1), (2), and (3), and there is nothing in the record to indicate the specialization of the state agency medical consultant. (See Tr. 14.)
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Jul 3, 2025
While the fact Petrucci said that statement at the preliminary hearing is clearly part of the complaint and may be considered, we may not “examine a transcript of a prior proceeding to find facts [without] convert[ing … Moreover, Comb’s two arrests for failure to appear do not qualify as a seizure for purposes of his malicious prosecution claim.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Oct 2, 2020
In the first instance, the Court agrees with Defendants that Plaintiff has not helped matters by failing to clearly delineate a timeline of events. … can establish a duty of care for a broader claim.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Sep 4, 2019
(Doc. 13-4, p. 4). 27 The clearly established Federal law governing ineffective assistance of … 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.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Sep 12, 2022
The Employment Agreement and arbitration provision are clearly supported by consideration. … However, the Supreme Court has clearly established that ambiguities in arbitration agreements must be interpreted by the arbitrator. PacifiCare Health Sys., Inc. v. Book, 538 U.S. 401, 406-07 (2003).
Cited 0 timesUnknownFrasier v. Warden of SCI-Coal Township
District Court, M.D. Pennsylvania · Mar 14, 2024
appellate review process,” and which has been adjudicated on the merits.34 If a state prisoner has not fairly presented a claim to the state courts “but state law clearly forecloses review … Frasier contends that “Judge Lewis was not a voice expert qualified to determine the quality or sincerity” of Oren’s voice and therefore should not have relied more on the recorded statement than on Oren’s trial testimony
Cited 0 timesUnknownBuckley v. Universal Sewing Supply, Inc.
District Court, M.D. Pennsylvania · Oct 17, 2019
Courts in the Third Circuit “ordinarily allow” limited jurisdictional discovery, as long as the plaintiff’s personal jurisdiction claim “is not clearly frivolous.” … Its web sales thus qualify as active commercial usage under Zippo.
Cited 0 timesUnknownDistrict Court, M.D. Pennsylvania · Mar 6, 2026
sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’”5 The United States Court of Appeals for the Third Circuit has instructed that “[u]nder the pleading regime established … funds, Exhibit C, was created by Abundance indicating that Abundance would post the loan transaction to Abbey’s account.90 Therefore, while the exact extent of Abundance’s involvement remains unclear, Abundance was clearly
Cited 0 timesUnknown
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