Case law

Geneva College v. Sebelius

941 F. Supp. 2d 672 · District Court, W.D. Pennsylvania · Apr 19, 2013

Holder, 766 F.Supp.2d 16, 43 (D.D.C.2011) (acknowledging that, in the context of the ACA, “the Government clearly has a compelling interest in safeguarding the public health by regulating the health care and insurance markets … Third, SHLC itself even qualifies to be excused from providing any kind of health insurance insofar as it is defined as a small employer under the ACA. See 42 U.S.C. § 18024 (b)(2).

Etten v. Lovell Mfg. Co.

121 F. Supp. 291 · District Court, W.D. Pennsylvania · Apr 30, 1954

Etten under date of July 31, 1946 (Defendants’ Exhibit W-22), excepting that the exact date of the execution of the lost assignment as established by evidence subsequently- taken was September 22, 1943. 11. … The R.S. § 4915 action, therefore, was properly instituted by a qualified applicant and the Court did not lose jurisdiction by the assignment of the legal title to the Chamberlain Corporation.

Fitzgerald v. Mountain Laurel Racing, Inc.

464 F. Supp. 263 · District Court, W.D. Pennsylvania · Jan 22, 1979

aforesaid horses to another track and thereby continue pursuit of his occupation at the time of his suspension because (1) other reasonably accessible tracks had finished their meets, or, (2) plaintiff’s horses could not qualify … Clearly, the first two sources of income are directly related to the outcome of races in which plaintiff is involved as a driver or trainer.

HAILEY v. WETZEL

District Court, W.D. Pennsylvania · Dec 20, 2021

unless an exception to such immunity applies. … “Such immunity…may be lost in one of two ways: (1) if the Commonwealth waived its immunity; or (2) if Congress abrogated the States’ immunity pursuant to a valid exercise of its power.” Id.

White v. New York State Natural Gas Corporation

190 F. Supp. 342 · District Court, W.D. Pennsylvania · Dec 29, 1960

Should that fact be established, however, plaintiff then contends that title to such gas is lost by its injection into natural underground reservoirs for storage purposes. … used, as appears in the next sentence: ‘In common with [wild] animals, and unlike-other minerals, they have the power and the tendency to escape without the volition of the owner’; but the-first statement, whether or not qualified

Bowles v. Lenko

64 F. Supp. 592 · District Court, W.D. Pennsylvania · Feb 27, 1946

The plaintiff is the duly appointed and qualified Administrator of the Office of Price Administration. 2. … That although the entry of said plea of “nolo contendere” is not an admission of guilt, the facts and circumstances produced at the time of the hearing of the civil action clearly establish that the acts of the defendant

Murphy v. Center for Emergency Medicine of Western Pennsylvania, Inc.

944 F. Supp. 2d 406 · District Court, W.D. Pennsylvania · May 8, 2013

Clearly, he never followed up and went to Rick’s office to discuss the situation. … The Court of Appeals has indicated that, to state a prima facie case of age discrimination in a termination case, a plaintiff must establish that she was at least 40 years of age, that she was qualified for the position,

Equitable Gas Co. v. United Steelworkers of America

676 F. Supp. 648 · District Court, W.D. Pennsylvania · Dec 30, 1987

DISCUSSION It is well established that this Court’s jurisdiction to review an arbitrator’s decision is quite limited. … Second, the violation of such policy must be clearly shown. Id. The plaintiff has cited S.D. Warren Co. v.

Kekich v. Travelers Indemnity Co.

64 F.R.D. 660 · District Court, W.D. Pennsylvania · Aug 14, 1974

Disclosure of investigative consumer reports (a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless— (1) it is clearly and accurately disclosed to the consumer that an … Any person violating any of the provisions of this sub-chapter shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act as though the applicable terms and

United States v. Lafferty

387 F. Supp. 2d 500 · District Court, W.D. Pennsylvania · Sep 21, 2005

How is the Court to establish such things-by counting the words and sentences spoken by each of the Defendants? … While all such joint statements or joint confessions may be considered *508 “adoptive admissions” under the Federal Rules of Evidence, the Court does not find that all “adoptive admissions” can qualify as “joint confessions

Feller v. McGrath

106 F. Supp. 147 · District Court, W.D. Pennsylvania · Jun 5, 1952

However much this statement of the rule may be qualified by varying circumstances, certain it is that a renunciation under any conditions, to enable an agent to do what is here expressed, must be communicated to the principal … On the other hand, it is clearly and satisfactorily shown t-hat it was furnished' by SAG in order to activate its American -branch as a corporation. Mr.

ALLARD

District Court, W.D. Pennsylvania · Jul 6, 2026

For a plaintiff to establish a prima facie case of discrimination under the ADA, the plaintiff must show: (1) she is a disabled person within the meaning of the ADA; (2) she is otherwise qualified to perform the essential … So it belies belief that AHN only terminated Allard because she took leave and, even then, it had clearly articulated a legitimate reason to do so.

Parham v. Johnson

7 F. Supp. 2d 595 · District Court, W.D. Pennsylvania · Jun 10, 1998

The magistrate judge denied each of those motions by an order which provided that the motion was being denied without prejudice for reconsideration when the issues in the case became more clearly defined. … Establishing it is another matter.

HARRIS v. PENNSYLVANIA DEPT. OF CORRECTIONS

District Court, W.D. Pennsylvania · Mar 25, 2020

claim, the plaintiff must sufficiently plead that (1) the conduct complained of was committed by a person acting under the color of state law, and (2) that said conduct deprived the plaintiff of a right, privilege, or immunity … To establish “a claim under Title II of the ADA, a person ‘must demonstrate: (1) he is a qualified individual; (2) with a disability; (3) [who] was excluded from participation in or denied the benefits of the services,

JONES v. SWEPI LP

District Court, W.D. Pennsylvania · Dec 1, 2022

The Court has considerable latitude in determining whether a witness qualifies as an expert. See Id. at 741. … Mazzella is a qualified expert for purposes of satisfying Rule 702. Thus, as an expert in snubbing units, Mr.

TALLEY v. COMMONWEALTH OF PENNSYLVANIA

District Court, W.D. Pennsylvania · Aug 5, 2022

It is well-established that, under Section 1915A, district courts not only are permitted to sua sponte dismiss a complaint that fails to state a claim, but are required to do so. See Williams v. Wettick, No. … litigation, and noting, inter alia, that “Talley is an experienced pro se litigator who clearly understands English, and the legal issues involved are not difficult”); Local R. Civ.

Project Vote v. Kelly

805 F. Supp. 2d 152 · District Court, W.D. Pennsylvania · Jul 27, 2011

Furthermore, an order enjoining the enforcement of § 1713 would clearly redress the constitutional injury alleged. … All of Pennsylvania's “qualified electors” are permitted to vote in elections for Presidential electors. 25 Pa. Stat. § 3191. 14 .

SLOTCAVAGE v. WELLPATH HEALTHCARE

District Court, W.D. Pennsylvania · Jul 14, 2025

requires the Court to dismiss any action in which the Court determines that the action is “frivolous or malicious; fails to state a claim upon which relief may be granted; or seeks monetary relief against a defendant who is immune … A frivolous complaint is one which is either based upon an indisputably meritless legal theory (such as when a defendant enjoys immunity from suit) or based upon factual contentions which are clearly baseless (such as when

BORGHESE LANE, LLC

District Court, W.D. Pennsylvania · Mar 2, 2023

When expert testimony is challenged under Daubert, “the proponents of the expert must establish admissibility by a preponderance of the evidence.” Bruno v. Bozzuto’s, Inc., 311 F.R.D. 124, 135 (M.D. … Neither his CV nor his testimony demonstrate a sufficient and specific mariner or metallurgical background to qualify him to render his proffered opinions that are clearly maritime and metallurgical in nature.

CHESHER v. ALLEGHENY COUNTY

District Court, W.D. Pennsylvania · May 16, 2024

Defendants argue that they are immune from liability for this claim. (ECF No. 39, at 21). In Mr. … Under the Tort Claims Act, Allegheny County is generally immune from suit involving torts.