Case law

B & B MICROSCOPES v. Armogida

532 F. Supp. 2d 744 · District Court, W.D. Pennsylvania · Sep 25, 2007

Armogida clearly had authorization to use the laptop in question. 168. … B & B did not carry its burden of proof in establishing either that such information qualified as trade secrets or that, even presuming such status, Armogida used such information to B & B’s detriment. ❖ * * * * * ORDER OF

Walker v. Correctional Medical Systems

886 F. Supp. 515 · District Court, W.D. Pennsylvania · May 16, 1995

A plaintiff establishes this prima facie case by demonstrating that he was a member of a protected class, that he was discharged from a position for which he was qualified, and that a person not within the protected class … Once the prima facie case is established, a presumption of discrimination is established and the burden is then shifted to the defendant to produce evidence establishing a legitimate non-discriminatory reason for the adverse

Browarsky v. Granger

148 F. Supp. 665 · District Court, W.D. Pennsylvania · Oct 29, 1956

Internal Revenue Code of 1939, as amended. 3 As the findings of fact indicate, I am of the opinion that with respect to the bonds which are the subject of this action, the plaintiffs have met their burden of proof and have established … It appears clearly to me that the opinion of Dr. Bortz was based on the clinical records admitted in evidence.

Story v. Kindt

970 F. Supp. 435 · District Court, W.D. Pennsylvania · Feb 7, 1997

However, she indicated no conscientious scruples in imposing the death penalty if a guilty verdict was established. (TT Vol. II at 400). … First, in conformance with the Framers’ preference for face-to-face accusation, the Sixth Amendment establishes a rule of necessity.

Lane v. Bonin

772 F. Supp. 2d 678 · District Court, W.D. Pennsylvania · Feb 16, 2011

However, “[t]his does not ... suggest that speech which is motivated by private concern can never qualify as protected speech. It clearly can if it addresses a matter that concerns the public as well as the speaker.” … LEXIS 6807 at *17. *690 It is well established that probationary Pennsylvania State Troopers do not have a property interest in continued employment. See Williams, at *5, 2005 U.S. Dist.

Hess v. Allstate Insurance

614 F. Supp. 481 · District Court, W.D. Pennsylvania · Jul 31, 1985

As a result of the accident, Plaintiff incurred and continues to incur substantial medical and rehabilitation expenses which qualify as “allowable expenses” under the No-Fault Act. Id. H 9. … Where the limitation is clearly worded and unambiguous, the language of the policy controls. See Standard Venetian Blind, supra. In Lazovick v. Sun Life Ins.

JOHNSON v. HENRY

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

Thus, as a threshold matter, Plaintiff must plead facts that, if true, establish that he had a protected liberty interest. See Hill v. … Indeed, as he acknowledges, a DOC policy establishes the parameters for AC and the circumstances in which it is imposed.

Lansberry v. Altoona Area Sch. Dist.

318 F. Supp. 3d 739 · District Court, W.D. Pennsylvania · Jul 20, 2018

Under the pleading regime established by Twombly and Ashcroft v. … Therefore, this single statement clearly does not constitute sexual harassment for purposes of Title IX.

TIRADO

District Court, W.D. Pennsylvania · Feb 25, 2026

(B) the action or appeal (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief.” … A claim is frivolous if it: 1) is based upon an indisputably meritless legal theory and/or, 2) contains factual contentions that are clearly baseless. Neitzke v. Williams, 490 U.S. 319, 327 (1989).

MARTINEZ v. CREANY

District Court, W.D. Pennsylvania · Feb 5, 2024

As such, courts are afforded authority to dismiss those claims whose factual contentions are clearly baseless. Id.; Denton v. … Humphrey, and Defendant is entitled to judicial immunity. Accordingly, Plaintiff also fails to state a claim against Judge Creany in this action.

HUNTER v. WAGGONER

District Court, W.D. Pennsylvania · Aug 8, 2024

was minimal and that Hunter sustained no injuries as a result of the minor exposure; (2) Hunter failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act; and (3) he is entitled to qualified … immunity.

World Wrestling Federation Entertainment, Inc. v. Big Dog Holdings, Inc.

280 F. Supp. 2d 413 · District Court, W.D. Pennsylvania · Mar 10, 2003

Certainly, there are similarities, and there must be in order to conjure up thoughts of the original, while clearly not being the original. … To establish a claim for relief under the federal dilution act, WWE must plead and prove: (1) it is the owner of a mark that qualifies as famous; (2) Big Dog is making commercial use in interstate commerce of the mark or

International Union of United Brewery, Flour, Cereal, Soft Drink & Distillery Workers of America v. Duke & Co.

373 F. Supp. 778 · District Court, W.D. Pennsylvania · Apr 9, 1974

Where a contract makes reference to another agreement between the same parties in such fashion as to clearly import incorporation by reference, the contract and the pre-existing document should be read together and considered … An actuary otherwise qualified and employed by an insurance company which writes any insurance or annuity contract hereunder may serve as the Actuary.”

Smith v. Baltimore & OR Co.

48 F.2d 861 · District Court, W.D. Pennsylvania · Mar 5, 1931

Norton, cashier, they being the duly elected and qualified officers of the First Bank. … In the passage of this aet it is evident that the legislative construction of the original is that it did not authorize the establishment of branch banks.

Kress v. Stanton

98 F. Supp. 470 · District Court, W.D. Pennsylvania · Jun 25, 1951

Discussion In order to maintain their position, plaintiffs have the burden of establishing that their claimed loss comes within the scope of allowable losses permitted by the Internal Revenue Code. … The decedent indicated clearly in his will that he regarded the continued success of the company as dependent upon Le-Clere.

SORIANO v. DEPARTMENT OF STATE

District Court, W.D. Pennsylvania · Mar 28, 2025

Congress may delegate to executive officials the discretionary authority to admit noncitizens “immune from judicial inquiry or interference.” Harisiades v. … To qualify for relief, a plaintiff must show: “(1) a clear and indisputable right to relief, (2) that the government agency or official is violating a clear duty to act, and (3) that no adequate

Luther v. KIA MOTORS AMERICA, INC.

676 F. Supp. 2d 408 · District Court, W.D. Pennsylvania · Dec 18, 2009

Luther showing he was qualified in terms of capital, facility requirements and customer satisfaction ability. (Def.’s App., Exhibit E, Deposition of Barbara Robinson, “Robinson Depo.,” at 59.) … Even if this document itself is not deemed to be a contract, it is comparable to the letter from Pizza Hut’s representative in that it clearly contradicts the content of the alleged oral promises.

United States v. Union Bridge Co.

143 F. 377 · District Court, W.D. Pennsylvania · Feb 9, 1906

Indeed, the power of Congress to regulate navigation being established (Gibbons v. Ogden, 9 Wheat. 1 , 6 L. Ed. 23 ; Gilman v. Philadelphia, 3 Wall. 713 , 18 L. … clearly, palpably, plainly, and in such manner as to leave no doubt or hesitation on our minds.” Or, as Chief Justice Marshall said in Fletcher v. Peck, 6 Cranch, 126 , 3 L.

U.S. ex rel. Emanuele v. Medicor Associates

242 F. Supp. 3d 409 · District Court, W.D. Pennsylvania · Mar 15, 2017

Assist in the establishment and adherence to budgets; and 7. Assist in the establishment and adherence to service delivery schedules. (C.S.M.F. (ECF No. 328) ¶ 117.) Dr. … See 42 U.S.C,. § 1395nn(b)(4), Once the plaintiff or the government has established a violation of the Stark Act, the defendant bears the burden of establishing that the conduct was protected by an exception.

Rottmann v. Pennsylvania Interscholastic Athletic Ass'n

349 F. Supp. 2d 922 · District Court, W.D. Pennsylvania · Dec 23, 2004

In content, form, and context, plaintiffs recruiting of this girl for her basketball program by extolling the advantages of North Catholic High School does not qualify as speech addressing a matter of public concern. … Plaintiffs conduct clearly falls within the reasonable purview of the Rule.