Case law

Frasier 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

Al Refat v. Franklin Financial Services Corporation

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

Carmack considered Mummart credible and Refat not credible, noting that Refat failed to maintain eye contact and “[h]is story changed,” while Mummart gave “a lot of detail” and clearly answered follow-up questions. … First, a plaintiff must establish a prima facie case of discrimination by sufficient evidence, direct or circumstantial, that (1) he was a member of a protected class, (2) he was qualified for the position for which he

Mastrella v. DeJoy

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

It also provides a “qualified individual with a disability” cannot “be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial … The Postal Service’s policies clearly limit personal leave to short-term, unanticipated absences—not the extended daily absence Mastrella sought.

Hilda Luz Velazquez Mendez v. Saul

District Court, M.D. Pennsylvania · Oct 20, 2022

Indeed, it is clearly documented in the record before us that S.M.R.V. did not have an IEP plan. … Contrary to the plaintiff’s suggestion, the ALJ clearly considered and expressly discussed this teacher questionnaire in detail. (Tr. 21.)

Snider v. Pennsylvania DOC

District Court, M.D. Pennsylvania · Jan 13, 2020

Our review is hampered when the prisoner proceeds pro se and does not provide grounds to qualify for a guardian ad litem other than his unsupported claims contradicted by his conduct and earlier judicial findings. … “A district judge who concludes that an appeal is clearly frivolous may ignore the notice of appeal and proceed with the case as if the appeal had not been taken.

Housing and Redevelopment Insurance Exchange v. Guy Carpenter & Company, LLC

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

of a diversity case in a forum that matches the law that governs the case clearly favors transfer to a New York forum. … The plaintiff has failed to establish that these public-interest factors overwhelmingly disfavor a transfer.

Jean v. Bucknell University

District Court, M.D. Pennsylvania · Sep 9, 2021

Sullivan, 572 A.2d 1209, 1213 (Pa. 1990) (“Clearly, in modern times, in would be inappropriate to impose an in loco parentis duty upon universities.”). 88 Doc. 63 at 19. … conduct,” and his failure to perceive the risk was “a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.”93 Therefore, in assessing whether a defendant’s conduct qualifies

Snider v. McKeehan

District Court, M.D. Pennsylvania · Jan 13, 2020

Our review is hampered when the prisoner proceeds pro se and does not provide grounds to qualify for a guardian ad litem other than his unsupported claims contradicted by his conduct and earlier judicial findings. … “A district judge who concludes that an appeal is clearly frivolous may ignore the notice of appeal and proceed with the case as if the appeal had not been taken.

Jones v. Lisiak

District Court, M.D. Pennsylvania · Jan 25, 2022

it shares in the Commonwealth’s Eleventh Amendment immunity.” Lavia v. Pa. Dep’t of Corr., 224 F.3d 190, 195 (3d Cir. 2000). … Moreover, the DOC does not qualify as a “person” amenable to suit pursuant to §1983. See Pettaway v. SCI Albion, 487 F. App’x 766, 768 (3d Cir. 2012) (citing Will, 491 U.S. at 71).

Payne v. White

District Court, M.D. Pennsylvania · Sep 7, 2022

As to these defendants, the complaint is clearly premised upon some form of supervisory liability, coupled with the non-medical defendants’ alleged failure to intervene in his health care after-the- fact, since Payne does … defendants played any active role in his 15 complaint that these supervisory officials possessed no medical background or expertise which would qualify

Ernst v. Union County Conservation District

District Court, M.D. Pennsylvania · Sep 26, 2023

At all times prior to his termination, Plaintiff was qualified and capable of doing his job. (Doc. 27, ¶ 44). Plaintiff was fifty-seven years old at the time of his termination. (Doc. 27, ¶ 45). … “Pennsylvania law clearly prohibits the imposition of punitive damages under the PHRA.” Id. at 8 (citing Hoy v. Angelone, 720 A.2d 745, 751 (Pa. 1998); accord Gagliardo v.

DANCE v. COMMONWEALTH OF PENNSYLVANIA

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

“The burden of establishing a prima facie case of disparate treatment is not onerous.” Texas Dep’t of Cmty. Affs. v. … Defendants argue that Plaintiff cannot establish a prima facie case for Title VII retaliation. (Doc. 137 at 21).

Walter v. Herbert

District Court, M.D. Pennsylvania · May 14, 2024

CBS Broadcasting Inc., 170 A.3d 560, 567 (“The question remains … whether Rubin will be able to establish that the falsity was material. … Walter’s reputation as an effective, qualified, and successful forensic profiler.” (Doc. 23 at 7). But that Mr. Walter is not “effective, qualified,” or “successful” is unprovable as true or false.

Jennings v. Wolf

District Court, M.D. Pennsylvania · Nov 2, 2022

Polk Center is the oldest facility currently in operation in Pennsylvania having been established 125 years ago in 1898. … In addition, while we find that the scope of the putative class has not been precisely defined, we conclude that the size of this class is clearly ascertainable.

Morder v. Colvin

216 F. Supp. 3d 516 · District Court, M.D. Pennsylvania · Oct 24, 2016

Further, the court in Dobrowolsky noted “the cases demonstrate that, consistent with the legislative purpose, courts have mandated that leniency be shown in establishing the claimant’s disability, and that the Secretary’s … Clearly, this report cannot reasonably be given primacy over the opinion of a longtime treating physician (Dr.

Flynn v. City of Scranton

District Court, M.D. Pennsylvania · Nov 20, 2024

timing to establish a causal link; or (3) an inference of causation from evidence gleaned from the record as a whole. … Plaintiff, however, may file a second amended complaint more clearly pleading her free association claim regarding her union membership. The Union Defendant's motion to dismiss will be denied.

Wilson v. Wings Over Happy Valley MDF

District Court, M.D. Pennsylvania · Jun 28, 2023

The Complexity and Duration of the Litigation This action, commenced in 2017, has clearly been pending for a long duration, and FLSA collective actions are, by their nature, complex. … Nov. 9, 2018) (finding retention on a contingency qualified as a “risk of non-payment” under the fifth Gunter factor).

Reilly v. City of Harrisburg

336 F. Supp. 3d 451 · District Court, M.D. Pennsylvania · Aug 23, 2018

Black , 538 U.S. 343 , 123 S.Ct. 1536 , 155 L.Ed.2d 535 (2003) (plurality opinion) (holding that even cross burning can qualify as protected speech if it is not done with an "intent to intimidate"). … Notably, counter-protests as described by Yost would clearly be prohibited by the terms of the Ordinance.

Smith v. Spritrust Lutheran

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

the basis of a theory that is not clearly articulated in her complaint.” … In order to state a claim for discrimination under the ADA, Plaintiff must allege facts sufficient to demonstrate that she: “(1) is disabled [within the meaning of the ADA][;] (2) is otherwise qualified

Rescigno v. Statoil USA Onshore Properties INC

District Court, M.D. Pennsylvania · Jul 8, 2020

The movant’s failure to establish any factor is fatal. Id. … Even if they could establish timeliness, however, Intervenors’ arguments regarding inadequate representation are similarly unpersuasive.