Case law

Valente

District Court, M.D. Pennsylvania · Mar 6, 2026

The court held that these did not qualify as educational records because “[w]hile these records clearly involve students as alleged victims and witnesses, the records themselves are directly related … The parties’ briefing reveals that there were clearly categories of documents that the parties could have and should have agreed were appropriate for a protective order.

Muldoon

District Court, M.D. Pennsylvania · Sep 2, 2026

“The 401(k) Plan is a defined contribution pension plan intended to qualify as a profit sharing plan with a qualified cash or deferral arrangement under sections 401(a), 401(k) and 402A of the Internal Revenue Code of 1986 … Pa. 2014) (stating the same and noting that “Third Circuit precedent . . . holds that a named plaintiff must establish proper standing to bring each claim before class certification”); see also Clark v.

Henkel v. Highgate Hotels, LP

District Court, M.D. Pennsylvania · Jun 22, 2021

“The party seeking certification bears the burden of establishing each element of Rule 23 by a preponderance of the evidence.” Id. … Likewise, the court would have logistical problems attempting to classify employees based on whether one or more legal theories qualifies them for recovery.

Mummert v. United States of America U.S. Department of Justice

District Court, M.D. Pennsylvania · Oct 23, 2023

Judgment on the pleadings is appropriate only when the moving party “clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Minn. … must comply with the requirements of the HCMCA prior to filing a complaint, which include submitting the claim to the Maryland Health Care Alternative Dispute Resolution Office (“HCADRO”) and supplying a qualified

Consumer Financial Protection Bureau v. Pennsylvania Higher Education Assistance Agency

District Court, M.D. Pennsylvania · Oct 1, 2024

This structure is established by the Trust Agreement. Id. at 132. … Then, PIMCO argues that, in its complaint, the CFPB did not establish that PHEAA is an agent of the Trusts in order to establish vicarious liability. (Id. at 35, 36.)

Longer v. Saul

District Court, M.D. Pennsylvania · Mar 14, 2022

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 … Burnett, 220 F.3d at 120 n.2. 26 On this score, however, it is also clearly established that the ALJ’s treatment of this issue must go

Volvo Construction Equipment, LLC v. PacWest Machinery, LLC

District Court, M.D. Pennsylvania · Jul 15, 2025

An award “must fly in the face of clearly established legal precedent.” Id. (quoting Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Jaros, 70 F.3d 418, 421 (6th Cir. 1995)). … In 2021 and 2022, PacWest’s score for Competence Development was 100%, presumably meaning that all of its employees were enrolled in one qualifying program each year. (Id.)

Brown v. Wetzel

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

Thus, “Section 1983 imposes civil liability upon any person who, acting under the color of state law, deprives another individual of any rights, privileges, or immunities secured by the Constitution or laws of the United … respect to the prison setting, the United States Supreme Court has stated that “convicted prisoners do not forfeit all constitutional protections by reason of their conviction and confinement in prison[,]” and, thus, they “clearly

Stoner v. Commissioner of Social Security

District Court, M.D. Pennsylvania · Sep 27, 2023

Sec.], we held that an ALJ must clearly set forth the reasons for his decision. [220 F.3d 112, 119 (3d Cir. 2000)]. Conclusory statements . . . are insufficient. … ATTENDANCE At step one of the sequential evaluation process, the ALJ concluded that Plaintiff’s resumption of work from January 2019 through November 2019 did not qualify

Carrick v. Berryhill

District Court, M.D. Pennsylvania · Jun 22, 2020

Bonlie listed Plaintiff’s diagnosed impairments as “hypothyroid OA Rt knee common variable immune deficient” and indicated a “fair” prognosis. Id. Dr. … State agency medical consultants are highly qualified physicians who are “experts in the evaluation of the medical issues in disability claims under the Act.”

Hunter v. Kennedy

District Court, M.D. Pennsylvania · Jul 14, 2020

Mauthe is not qualified to provide opinions on radiology, emergency room medicine or causation. Defendant argues that a decision as to Dr. … Plaintiff’s motion in limine will be denied as the law clearly supports Defendants’ position. Moreover, the comparative/ contributory negligence issues do not cleanly fit into the motion in limine procedure.

John Doe 1 v. Delaware Valley School District

District Court, M.D. Pennsylvania · Nov 11, 2021

The foregoing authority thus clearly establishes that Plaintiffs cannot base their Fourteenth Amendment substantive due process claim on the right of entitlement to a public education established under Pennsylvania law … “To establish claims under § 504 of the [Rehabilitation Act] and the ADA, a plaintiff must demonstrate that: (1) [Plaintiff] has a disability, or was regarded as having a disability; (2) [Plaintiff] was ‘otherwise qualified

Lopez v. New Jersey Sun Tech, LLC

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

acquire detailed 11 information about the property owner before meeting with the property owner, (b) obtain and use the property owner's consumer credit report to qualify … This conclusion does not foreclose Plaintiff from establishing a different kind of agency relationship, should discovery so reveal.

Jennings v. Wolf

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

The legal standards that govern motions to reconsider are both clear, and clearly compelling. … Harriger is qualified to conduct an independent review and opine on the state’s budgetary projections. Moreover, the skepticism voiced by Mr.

Maxson v. Commissioner of Social Security

District Court, M.D. Pennsylvania · Sep 26, 2022

The impairment must be established by objective medical evidence (signs, laboratory findings, or both) from an acceptable medical source, not on an individual’s statement of symptoms.” Robert E. v. … The ALJ clearly considered the plaintiff’s knee pain (Tr. 18) and anxiety (Tr. 16-17).

Chinniah v. East Pennsboro Township

District Court, M.D. Pennsylvania · Jan 8, 2021

Quite simply, the Chinniahs fail to establish a prima facie case claim for civil conspiracy. … The Chinniahs responded that “[p]unitive damages are generally available in a civil rights case,” and that the Defendants’ conduct was clearly oppressive and deserving of a punitive damages award.

Abigail, P., through her Parent, Sarah F. v. Old Forge School District

District Court, M.D. Pennsylvania · Mar 14, 2023

Clearly the school district and not the parent paid for the student’s nurse. The parent’s credibility is seriously impaired by this testimony. … To prevail on Section 504 and ADA claims, Plaintiff must prove that: (1) the child was “disabled,” (2) the child was “otherwise qualified” to participate in school activities, (3) the school district received federal funding

Wayne Land and Mineral Group, LLC v. Delaware River Basin Commission

District Court, M.D. Pennsylvania · Jan 31, 2020

Following remand, the Court reopened the case (Doc. 98) and, on August 27, 2018, issued an Order establishing the pretrial schedule (Doc. 107). … In such instances, the proponent of the privilege must clearly demonstrate its applicability. /d.

Benczkowski v. Bohlin Cywinski Jackson

District Court, M.D. Pennsylvania · Aug 1, 2024

Because this is clearly a factual question, summary judgment is in fact rarely appropriate in this type of case. … With this, plaintiff establishes a prima facie case.

Nin v. Luzerne County Children and Youth Services

District Court, M.D. Pennsylvania · Oct 19, 2020

Staffing non-qualified and incompetent personnel: k. … Natale then explained the established tenet that not all state action rises to the level of a custom or policy: A policy is made “when a decisionmaker possess|ing] final authority to establish municipal policy