Case law

DEPLATCHETT

District Court, W.D. Pennsylvania · Sep 1, 2026

The filing of a grievance is protected conduct, and the Court assumes Jackson’s PREA complaint also qualifies. The claim still fails on causation and personal involvement. … “[I]t is also well established that mere transfer to a less desirable cell does not constitute an adverse action for the purposes of a retaliation claim.” Keeling v. Wetzel, 2022 WL 19836922, at *6 (M.D. Pa.

Robinson v. Magovern

521 F. Supp. 842 · District Court, W.D. Pennsylvania · Aug 31, 1981

It is very difficult once they are established to break through them and establish yourself on your own. … These young surgeons assist the established surgeon during operations, provide coverage for patients when the established surgeon is not available, and perform surgery on the overflow of patients whom the established surgeon

SHKLYAR v. CITY OF PITTSBURGH

District Court, W.D. Pennsylvania · Nov 18, 2019

To prove disability discrimination under the ADA, the plaintiff must establish that “‘s/he (1) has a ‘disability,’ (2) is a ‘qualified individual,’ and (3) has suffered an adverse employment action because of that disability … Without more, however, these facts fail to establish an official proclamation, policy, or edict issued by a decisionmaker with final authority to establish that policy.

Monongahela Valley Hosp., Inc. v. United Steel

386 F. Supp. 3d 596 · District Court, W.D. Pennsylvania · May 10, 2019

Under the language of the 1974 CBA, the Hospital's discretion was clearly limited by its operating needs. … In doing so, he ignored the qualifying "but" and substituted his own brand of industrial justice, stating that "[otherwise] the rights of the bargaining unit personnel with respect to vacations could always be negated."

Diede v. City of McKeesport

654 F. Supp. 2d 363 · District Court, W.D. Pennsylvania · Sep 14, 2009

Clearly, the City provided an adequate postdeprivation remedy to Plaintiffs. See Elsmere, 542 F.3d at 420-23 (holding that similar provisions provided adequate post-deprivation remedy). … Plaintiffs argue that the razing of their barn only one month later establishes causation.

Bender v. Crucible Steel Co. of America

71 F. Supp. 420 · District Court, W.D. Pennsylvania · Apr 30, 1947

These subdivisions had been established for many years. … Such work was clearly a part of supervisory duty, although resembling the duty of a bookkeeper. See the Stein Report.

National Liability & Fire Insurance Company v. Brimar Transit, Inc., Pittsburgh Public School District

District Court, W.D. Pennsylvania · Oct 27, 2025

If policy terms are clear and unambiguous, then we will give those terms their plain and ordinary meaning, unless they violate a clearly established public policy. … After applying well established Pennsylvania law to the facts of this diversity action, the Court finds that the Defense Costs endorsement to the Policy clearly and unambiguously entitles National to recover the $338,146.86

Banks v. County of Allegheny

568 F. Supp. 2d 579 · District Court, W.D. Pennsylvania · Jun 30, 2008

[or] immunity from judicial error.... ’ ”); Milwaukee Electric Ry. & Light Co. v. State of Wisconsin ex rel. … More data are needed from controlled clinical trials to establish optimal regimens for the treatment of MRSA SSTI.

Hilton v. WT Grant Company

212 F. Supp. 126 · District Court, W.D. Pennsylvania · Dec 31, 1962

The statute requires the court to make such an order ministerially, upon the presentation of a petition alleging conduct of business within the Commonwealth by a corporation not qualified to do business within the Commonwealth … Finally, if it should ever be established that this Court’s order of November 22, 1961, was in any respect erroneous, such error will be harmless, inasmuch as the effect thereof will then have been merely to direct a separate

Stockholders Committee for Better Management of Erie Technological Products, Inc. v. Erie Technological Products, Inc.

248 F. Supp. 380 · District Court, W.D. Pennsylvania · Nov 30, 1965

We recognize that a certain degree of freedom is allowable in proxy solicitation contests for matters which are clearly recognizable as expressions of opinion or judgment. … Whatever was done was done with majority shareholder approval, and unless clearly contrary to By-law or statutory provisions, must be taken as proper corporate action.

Orelski v. NCS Pearson

337 F. Supp. 2d 695 · District Court, W.D. Pennsylvania · Sep 27, 2004

Congress, through the ATSA, mandated TSA to establish a program for the hiring and training of security screening personnel, and directed TSA to establish qualification standards for individuals to be hired as security screening … The Act establishes hands-on, full-time federal control over aviation security through the creation of the Transportation Security Administration.

STEVENS v. WINGER

District Court, W.D. Pennsylvania · May 24, 2021

Plaintiff has produced no evidence to establish that Hill’s log roll (or any other action or inaction on her part) caused him injury. … In response to this / 13 argument, Plaintiff argues that Winger does not qualify for sovereign immunity because he has been sued in both his official and individual capacities.

Cobetto v. Wyeth Pharmaceuticals

619 F. Supp. 2d 142 · District Court, W.D. Pennsylvania · Oct 15, 2007

Specifically, you are not to conduct business with West Virginia State immunization officials. … The reasoning in Desert Pal *156 ace clearly contradicts the reasoning in Watson.

McCord v. Granger

102 F. Supp. 1 · District Court, W.D. Pennsylvania · Jan 25, 1952

They acquired the property as an investment -and did no more than qualify the land for F.H.A. loans so it would sell and execute the deeds as lots were bought and sold. … The taxpayer’s original return, filed on the last day for filing returns, clearly indicated the marital status of taxpayer and his wife, that she either had no income or that this was a joint return, and also that she was

ANDRES v. TAKEDA PHARMACEUTICALS AMERICA, INC.

District Court, W.D. Pennsylvania · Oct 31, 2024

Andres alleges that she was well qualified for all of these positions and that Takeda ultimately chose less-qualified individuals for the positions or simply closed the positions so they did not have to hire Ms. … In the context of a failure to hire claim, to establish a prima facie case of discrimination, Plaintiff must show “(1) [s]he belongs to the protected category; (2) [s]he applied for and was qualified for a position for

VAUGHN v. WEEKS

District Court, W.D. Pennsylvania · Mar 17, 2025

He was entitled to immunity from prosecution under Pennsylvania’s Drug Overdose Response Immunity statute, 35 P.S. § 780-113.7. 2. … In order to exhaust, a petitioner must invoke “one complete round of the State’s established appellate review process.” O’Sullivan, 526 U.S. at 845.

SCOTT v. MYERS

District Court, W.D. Pennsylvania · Jul 15, 2024

As the Supreme Court established in Ross v. … damages and Scott did not seek compensatory damages), it would be necessary to determine whether the alleged conduct also violates the Fourteenth Amendment or otherwise warrants the abrogation of state sovereign immunity

Borough of Bethel Park v. Stans

319 F. Supp. 971 · District Court, W.D. Pennsylvania · Nov 19, 1970

Steuart, 60 App.D.C. 83 , 47 F.2d 979 (1931), a mandamus action brought against the Director of the Census seeking to compel him to publish the population of Atlanta as 360,691, without the addition of the qualifying explanation … Clearly, under the Constitution, total population is a proper basis for the apportionment of both congressional and State legislative districts. Kirkpatrick v.

Wonderland Nurserygoods Co. v. Thorley Industries, LLC

988 F. Supp. 2d 479 · District Court, W.D. Pennsylvania · Dec 19, 2013

Innovention Toys, LLC, 637 F.3d at 1321 ; see also K-TEC, Inc., 696 F.3d at 1375 (“To qualify as prior art for an obviousness analysis, a reference must qualify as ‘analogous art.’ ”); In re Klein, 647 F.3d 1343, 1348 (Fed.Cir … In sum, the Court finds that the second motion mechanism does not clearly resolve in favor of either party at summary judgment.

DOTAN v. CITY OF ALTOONA

District Court, W.D. Pennsylvania · Apr 10, 2025

(which is littered with blanket averments and conclusory and/or speculative allegations lacking a factual basis) alleges – with no citation to the particular law under which a count is brought, or factual allegations clearly … A municipal policy is established when someone with final authority issues an “official proclamation, policy, or edict” on behalf of the municipality. Andrews v.