Case law

BRENNER v. OVERMEYER

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

available to a petitioner for any claim that has been adjudicated on its merits in the state courts unless it can be shown that the decision was either: (1) “contrary to” or involved an unreasonable application of clearly … Dery Strange, who was qualified as an expert in eyewitness identification. (Doc. 1-3, PCRA Court Opinion, at 23). Dr. Strange testified to several conclusions regarding eyewitness identification.

Coit

District Court, M.D. Pennsylvania · Mar 26, 2026

any State or 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 … No. 71-18 (summarizing meeting between Coit and the Program Review Team and indicating that Coit’s request for a writing instrument was forwarded to the BMU Treatment Team and Program Review Committee), he clearly had

Religious Rights Foundation of PA v. State College Area School District

District Court, M.D. Pennsylvania · Dec 1, 2023

religious beliefs as such.”46 But it also provides a “qualified protection against the regulation of religiously motivated conduct.”47 Nor may a court inquire into the centrality of the religious belief to the adherent … This approach is clearly circular for the obvious reason that “every law applies to everything it applies to.”88 Where a complaint regards the unequal denial of government benefits, defining the government policy by who

Ford v. Smith

District Court, M.D. Pennsylvania · Sep 27, 2024

This is clearly in retaliation to grievance(s) 872182 and 878355. … Establishing a Causal Link Between Protected Conduct and Retaliatory Action To establish the requisite causal link an inmate must prove that his constitutionally

Flynn v. Department of Corrections

District Court, M.D. Pennsylvania · Jan 14, 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. … Defendants assert that “the filing of a grievance would qualify as constitutionally protected activity” and that “the issuance of a misconduct and imposition of sanctions may be classified as an adverse

Watcher v. Pottsville Area Emergency Medical Service, Inc.

559 F. Supp. 2d 516 · District Court, M.D. Pennsylvania · Apr 28, 2008

Sheris, Plaintiffs doctor, can qualify as an expert; 7.5 hours spent responding *525 to Defendant’s brief in opposition to Plaintiffs motion to compel; 6.5 hours of research regarding Plaintiffs questioning at her deposition … Further, re *526 search on attorneys’ fees and costs is “all part of establishing and maintaining credibility as an employment law attorney billing $275 per hour.” (Id. at 8-9.)

Sherman v. Saul

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

Such widespread action would have left Sherman without a forum to adjudicate her claim and it would have denied her even the opportunity to qualify for benefits. … LaJeunesse’s own examination, clearly relying on [Sherman]’s self-reported symptoms and overestimating the severity of her impairment.”5 (Doc. 15-2, at 32; Doc. 15-3, at 68).

Cordaro v. Finley

District Court, M.D. Pennsylvania · Apr 30, 2020

In his petition, Cordaro clearly seeks relief that affects the execution of his 132-month prison sentence since he requests the court alter its terms and to immediately release him to home confinement. … As this court recently stated in Cruz, 2020 WL 1904476, *4, “the determination of which inmates qualify for home confinement under the CARES Act is with the BOP Director.” (citing United States v.

Nazario v. Kijakazi

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

First, when presented with a disputed factual record, it is well- 25 established that “[t]he ALJ – not treating or examining physicians or State agency consultants … 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).

Slamon v. Carrizo (Marcellus) LLC

District Court, M.D. Pennsylvania · Aug 22, 2019

Initially, we note the provision of individual notice to each class member is by no means typical of the notice provided in most class actions, and certainly qualifies as unprecedented. … It explained that each individual receiving notice was a member of the proposed class, and clearly set forth the procedure for opting out of the class.

Kantner v. Saul

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

Ct. 1816, 144 L.Ed.2d 143 (1999) (comparing the substantial-evidence standard to the deferential clearly- erroneous standard). Biestek v. Berryhill, 139 S. … The burden is on the claimant to show that an impairment qualifies as severe. Bowen, 482 U.S. at 146; Stancavage v. Saul, 469 F.Supp.3d 311, 331 (M.D.

Pitsko v. Gordon Food Services, Inc.

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

Michael’s Failure to Continue His Life Insurance Coverage | After It Lapsed Hartford asserts that the underlying administrative record establishes that | Hartford notified Michael of his right … | 1997) (quoting 29 U.S.C. § 1002(21)(A)). 16 | Although ERISA clearly sets forth the statutory disclosure and reporting requirements applicable to fiduciaries, “Congress

Bains v. Quay

District Court, M.D. Pennsylvania · Oct 27, 2021

Thus, his habeas claim is clearly ripe for adjudication. pts. 523 and 541). … Aug. 17, 2021); Rehfuss, 2021 WL 2660869, at *5 (“[O]nly those EBRRs and PAs described in the First Step Approved Programs Guide qualify for [FSA] Time Credits under the FSA[.]”); see also Delahoz,

Acosta v. Revolutionary Home Health, Inc.

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

Mowday, “misunderstood the Defendants [sic] policies and as a result arrived at clearly erroneous conclusions regarding how employees were paid.” (Doc. 33 at 9.) … testified that the payments are clearly on a per-patient basis and without regard to hours worked.”

Talbert v. Shapiro

District Court, M.D. Pennsylvania · Mar 31, 2025

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 … The facts clearly must support a finding that immediate and irreparable injury will result to the movant if preliminary relief is denied. United States v.

Robert D. Mabe, Inc. v. OPTUMRX

District Court, M.D. Pennsylvania · Jul 22, 2024

To qualify as a mass action, there must be some showing of a proposal for a joint trial implicating the group of plaintiffs. “[A] proposal for a joint trial may be either explicit or implicit.” Ramirez v. … Plaintiffs’ argument for summary judgment is that the Provider Manual “clearly supersede[s]” the agreements OptumRx attempted to compel arbitration under in its first motion to compel arbitration.

Sanchez v. Saul

District Court, M.D. Pennsylvania · Mar 28, 2022

However, this is not established as a medically determinable impairment pursuant to SSR 12-2p since the application date in this case. … Generally, a person can establish an MDI of fibromyalgia by providing evidence from an acceptable medical source.

Corliss v. Kijakazi

District Court, M.D. Pennsylvania · Mar 29, 2024

The VE was qualified to provide this testimony, and Plaintiff stipulated to her qualifications at the hearing.28 “Since the VE’s testimony was given in response to a hypothetical 19, 2014) (explaining … It is important that these findings be made at all levels of adjudication to clearly establish the basis for the determination or decision for the claimant and for a reviewing body including a Federal

Giddings v. Rogers

District Court, M.D. Pennsylvania · Sep 13, 2024

Poor effort provided by inmate when asked to specifically lift arms, move neck he states unable When distracted he clearly … any State or 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

Stansbury v. Barrick Enterprises, Inc.

District Court, M.D. Pennsylvania · Jun 9, 2025

Forester averring that, based on his experience in multi-plaintiff wage and hour claims, he is qualified to “fully and finally administer the settlement reached by the [p]arties in this matter” (Doc. … Considering all of these factors as a whole, the Court finds that they clearly support a conclusion that the relief provided by the Settlement is adequate.