Case law

Wilder v. Saul

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

First, when presented with a disputed factual record, it is well established that “[t]he ALJ—not treating or examining physicians or State agency consultants—must make the ultimate disability and RFC determinations.” … The burden is on the claimant to show that an impairment qualifies as severe. Bowen, 482 U.S. at 146, 107 S.Ct. 2287. Stancavage v. Saul, 469 F. Supp. 3d 311, 331 (M.D. Pa. 2020).

Gregorio v. Saul

District Court, M.D. Pennsylvania · Sep 16, 2021

§404.1529(a) (“statements about your pain or other symptoms will not alone establish that you are disabled.”). … The burden is on the claimant to show that an impairment qualifies as severe. Bowen, 482 U.S. at 146, 107 S.Ct. 2287. Stancavage v. Saul, 469 F. Supp. 3d 311, 331 (M.D. Pa. 2020).

Cienciva v. Brozowski

District Court, M.D. Pennsylvania · Jul 15, 2022

Finally, Cienciva agrees sovereign immunity bars his claims against federal actors in their official capacities. (See id. at 19). … Our decision works no prejudice to Brozowski, who waived service through counsel and clearly had actual notice of the suit. (See Doc. 8).

VW Credit Leasing, Ltd v. Borough of State College, Pennsylvania

District Court, M.D. Pennsylvania · Mar 25, 2026

information report” and provide it to the “salvor” (towing company).57 Within 48 hours of taking possession of the vehicle, the salvor must “send an abandoned vehicle information reenacted, except where the context clearly … a section 1983 claim, the Plaintiff must prove “(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that the conduct deprived the plaintiff of rights, privileges, or immunities

44 Hummelstown Associates LLC v. Westfield Insurance Company

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

Plaintiff first argues that it has “clearly alleged direct physical loss of, or damage to, the insured property” as is required to trigger Business Income and Extra Expense coverage. (Doc. No. 20-1 at 16.) … It follows that a “detrimental economic impact unaccompanied by a distinct, demonstrable, physical alteration of the property” does not qualify as “physical” loss or damage. See id.

POWELL v. MCKEOWN

District Court, M.D. Pennsylvania · Aug 6, 2020

Your twenty (20) page appeal clearly fails to meet this criterion and will not be accepted for Final Review. … Plaintiff’s seven (7) page statement could certainly qualify as a “brief statement” setting forth the facts and issues relevant to his appeal.

Papapietro v. The Bank of New York Mellon

District Court, M.D. Pennsylvania · Mar 28, 2024

On February 8, 2013, Papapietro sent Ocwen a “qualified written request under the RESPA 12 U.S.C[sic] 2605(e)” to request an accounting of the Mortgage account transactions. Doc. 1 ¶ 161. … He also alleges that Ocwen failed to respond to a “qualified written request under the RESPA,” which Papapietro claims to have sent on February 8, 2013. Id. ¶ 161.

Spriggs v. City of Harrisburg

District Court, M.D. Pennsylvania · Jun 11, 2025

To establish a prima facie case of discrimination at the first step of the McDonnell Douglas framework, a plaintiff must show (1) that he is a member of a protected class, (2) that he was qualified for the position he … Accordingly, Spriggs has established this element for purposes of summary judgment.

Small v. Lower Paxton Township

District Court, M.D. Pennsylvania · Jul 19, 2023

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 … In this regard, Defendants assert that Plaintiff’s original complaint “clearly identifies Officer Elezovic as the individual involved in the police pursuit” (id. at 12), and yet “with full knowledge of the parties involved

Voorhees v. Colvin

215 F. Supp. 3d 358 · District Court, M.D. Pennsylvania · Sep 30, 2015

It is well established that sporadic or transitory activity does not disprove disability”); Kangail v. … In a claimant’s earnings record, a “c” indicates that a claimant has earned enough to qualify for a quarter of coverage and an “n” indicates that the threshold amount was not earned in a given year.

De La Cruz v. Kijakazi

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

“[S]uch references to ‘all impairments’ encompass only those that are medically established.” (Id.). … It is well established that Social Security appeals are subject to harmless error analysis.

Moore v. Mann

District Court, M.D. Pennsylvania · Jan 13, 2022

claims against all defendants in their official capacities for monetary damages, because the claims were barred by the Eleventh Amendment; all state law tort claims because they were barred by sovereign immunity … If the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden at trial,” summary judgment

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

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

Following remand, the Court reopened the case (Doc. 98) and, on August 27, 2018, issued an Order establishing the pretrial schedule (Doc. 107). … Defendant further states that the documents produced are “clearly predecisional and deliberative communications that would properly be protected by the deliberative process privilege.” (/d.)

Spektar USA, LLC v. Team Packaging, Inc.

District Court, M.D. Pennsylvania · Jun 25, 2025

In contrast, the U.C.C. commentary appears to suggest a more forgiving standard for what qualifies as repudiation. … Va. 1993) (“Given that the [seller’s] first installment of cabinets were clearly nonconforming and could not be cured in the field, [buyer] was entitled to reject all nineteen (19) units.”); Design Plus Store Fixtures,

Sutton v. Noel

District Court, M.D. Pennsylvania · Jul 18, 2022

Pandya screened Sutton for Hepatitis B and C and HIV, and recorded that Sutton received several immunizations, including one dose of the tetanus, diphtheria & acellular pertussis (“Tdap”) vaccine, the flu vaccine, a … There is no dispute that Sutton’s Hepatitis C qualifies as a serious medical condition for purposes of the Eighth Amendment analysis. Moore v. Luffey, 767 F.

Mr. Bird's Custom Car Wash Equipment v. Ver-Tech Labs

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

Well, the intention of Ver-Tech before this meeting, Allen, is clearly stated in Exhibit 26. A. Mm-hmm. Q. We’ll be dropping Mr. Bird’s, and we’re going to New York to get customers direct? A. … the expectation that the agreement with Ver-Tech would remain in place for a reasonable period of time.”73 Be that as it may, none of these facts—assessed individually or collectively—qualify

McMahon v. Saul

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

To qualify for benefits by showing that an impairment, or combination of impairments, is equivalent to a listed impairment, the claimant bears the burden of presenting “medical findings equivalent in severity to all the … Because the ALJ clearly articulated what he found to be persuasive about Dr.

Morrissey v. GCMC Geisinger Community Medical Center

District Court, M.D. Pennsylvania · Jan 27, 2022

“trial court should exclude evidence on a motion in imine only when the evidence is clearly inadmissible on all potential grounds.” Tarfaglione, 228 F.Supp.3d at 406. … It is then up to the party who calls the expert to introduce other evidence establishing the facts assumed by the expert.” Williams v. Illinois, 567 U.S. 90, 57 (2012) (plurality).

Fouad v. The Milton Hershey School and School Trust

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

Thus, quite clearly, a protective order is warranted. … Likewise, the party claiming work product immunity bears the burden of showing that “the materials in question ‘were prepared in the course of preparation for possible litigation.’ ” Holmes v.

United States v. Handy

130 F. Supp. 270 · District Court, M.D. Pennsylvania · Jun 9, 1955

In his charge the trial judge described him as “able and learned”; the Supreme Court of Pennsylvania ( 367 Pa. at page 133 , 79 A.2d at page 786 ,) as “a highly reputable attorney of his own (Darcy’s) choosing, eminently qualified … We are to keep the balance true. * * * There is danger that the criminal law will be brought into contempt — that discredit will even touch the great immunities assured by the Fourteenth Amendment — if gossamer possibilities