Case law

KIMMEL v. ELDERTON STATE BANK

District Court, W.D. Pennsylvania · Feb 9, 2021

out specific facts to rebut the certification, but instead argue that the factual circumstances—namely those pertinent to the elements of intentional interference—contained in the Amended Complaint sufficiently establish … Under this program, a borrower can apply to have the FSA guarantee a percentage of a loan made by a qualified agricultural lender for purposes including acquiring or enlarging a farm; making capital improvements

BROLIN v. United States

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

The uncontested facts set forth in the Presentence Investigation Report (“PIR”) established the following. … Second, Defendant does not qualify for “safety valve” relief. See 18 U.S.C. § 3553(f).

CARNEVALE v. DIGIOVANNI

District Court, W.D. Pennsylvania · Oct 6, 2023

Federal law enforcement agents have absolute immunity from liability based upon their testimony, even if it is false. See Hughes v. … Carnevale clearly alleged that the ATF knew that Mr.

WILLIS v. MONTANI

District Court, W.D. Pennsylvania · Nov 14, 2023

The court concluded in Stamps that “in light of the Supreme Court precedent and the overwhelming weight of appellate authority, it was clearly established as of January 5, 2011, that an unintentional shooting during an … As the court noted in Stamps, it has long been clearly established “that the unintentional or accidental use of deadly force during a seizure can give rise to a constitutional violation if the officer has acted unreasonably

GATTO v. JOHNSON & JOHNSON SERVICES, INC.

District Court, W.D. Pennsylvania · Apr 29, 2024

To establish a prima facie case of retaliation, a plaintiff must allege that “(1) she engaged in activity protected by Title VII; (2) the employer took an adverse employment action against her; and (3) there was a causal … In her response brief, Gatto only addresses Johnson & Johnson’s first argument by asserting that she “has clearly shown she has a sincerely held religious belief against both the vaccine and testing.”

Estate of Whitling Ex Rel. Whitling v. United States

99 F. Supp. 2d 636 · District Court, W.D. Pennsylvania · Mar 31, 2000

Due to the decomposition of Whi-tling’s remains, the date and cause of death could not be definitely established. … Ann. § 7101 et seq., grants limited immunity to certain persons and entities who provide treatment for mentally ill persons.

United States v. North Side Deposit Bank

569 F. Supp. 948 · District Court, W.D. Pennsylvania · Feb 14, 1983

At the same time the officers of Northside had second thoughts about the loan because it clearly exceeded its state legal lending limit. … (B) Limitation on qualified property.

Braden v. County of Washington

749 F. Supp. 2d 299 · District Court, W.D. Pennsylvania · Sep 2, 2010

Plaintiffs complaint clearly marks her claim as one based on retaliation for the exercise of FMLA rights, identifies the exercise of those rights as Plaintiffs taking of FMLA leave, and identifies the retaliatory act as her … “Although no magic words are required, to qualify as protected opposition the employee must convey to the employer his or her concern that the employer has engaged in a practice made unlawful by [statute].” Hinds v.

Keffer Development Services, LLC v. Hartford Casualty Insurance Company

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

It has been established that “emotional harms” such as “humiliation, distress, and embarrassment” do not qualify as “bodily injury” under Pennsylvania law. See Steadfast Ins. Co.,2016 WL 2989982, at *5. … Both definitions clearly imply a rental of real property, but the ATS software is not real property, thus the term “landlord” is inapplicable in this context. 20 Finally, a lessor

Dececco v. UPMC

3 F. Supp. 3d 337 · District Court, W.D. Pennsylvania · Mar 7, 2014

These decisions are clearly distinguishable from the facts of this case. … That action clearly constituted retaliation in violation of 29 U.S.C. § 623 (d).

United States v. Dimas

418 F. Supp. 2d 737 · District Court, W.D. Pennsylvania · Aug 11, 2005

Nevertheless, the application of § 3309 is not dispositive as Dimas’ behavior clearly justified Corporal Jaszemski’s concern that he was driving while intoxicated in violation of Pennsylvania law. … As dis *747 cussed above, the Defendant’s own testimony establishes that his waiver of Miranda rights and subsequent statements were voluntary.

Berger v. Edgewater Corp.

784 F. Supp. 263 · District Court, W.D. Pennsylvania · Dec 23, 1991

Clearly, the second and third factors are present. The other three factors are also met. A. … It is well-established that a determination on summary judgment has full preclusive effect in subsequent litigation.

BROWN v. WILSON

District Court, W.D. Pennsylvania · Sep 25, 2025

immunity. … The Troopers also moved for judgment as a matter of law based upon qualified immunity and for failure to establish claims. (Docket No. 272).

SULLIVAN

District Court, W.D. Pennsylvania · Jul 29, 2026

Sullivan’s Status As A Qualified Individual. As a threshold matter, Ms. Sullivan cannot bring any disability discrimination claim if she is not a qualified individual. … would similarly not qualify as a disability.

Fulbright & Jaworski v. Sunbeam-Oster Co. (In re Allegheny International, Inc.)

139 B.R. 336 · District Court, W.D. Pennsylvania · Apr 7, 1992

The legislative history of § 330 and the case law construing it establish that § 330 is intended to replace the notion of “economy of administration” reflected in the former Bankruptcy Act with a more liberal and enlightened … Many courts have held that reasonableness encompasses the bankruptcy court’s responsibility “to balance a spirit of economy on the one hand with fees sufficiently close to market rates to attract qualified counsel on the

Digital Encoding Factory, LLC v. Iron Mountain Information Management, Inc.

660 F. Supp. 2d 608 · District Court, W.D. Pennsylvania · Sep 18, 2009

Plaintiffs were not required to "establish” Roth’s authority; to the contrary, the question is one of reasonable indicia. 15 . Cf. … This language, in addition to incorporating qualifying and/or ambiguous language — such as new lease, with a client, that plans to operate a similar business — may suggest Defendant’s intention to preserve its right to operate

AMERICAN EAGLE OUTFITTERS, INC. v. WALMART, INC.

District Court, W.D. Pennsylvania · Feb 6, 2023

An expert witness must “possess specialized expertise,” with “a broad range of knowledge, skills, and training qualify[ing] an expert.” Schneider v. … Third, it is Walmart’s burden to establish that Mr.

Stavrides v. Mellon Bank, N.A.

69 F.R.D. 424 · District Court, W.D. Pennsylvania · Nov 25, 1975

Liberty Mutual Insurance Co., supra, the court said at page 247: “Adequate representation depends on two factors: (a) the plaintiff’s attorney must be qualified experienced and generally able to conduct the proposed litigation … In terms of the four criteria provided in 23(b) (3) (A-D), the class action mechanism seems clearly superior.

ROBINSON v. United States

District Court, W.D. Pennsylvania · Apr 15, 2020

And the clearly defined unlawful conduct does not invite arbitrary enforcement. … Despite Robinson’s protestations, his prior state convictions do qualify as felonies, and he is a career offender.

BENTLEY v. CONNELLSVILLE AREA SCHOOL DISTRICT

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

16 Plaintiff requested this change to personal leave to alleviate FMLA leave “paperwork [which would] overlap and be redundant” and explained that although her (cancer) treatments would be intermittent, her depleted immune … And she must similarly first establish a prima facie case of age discrimination by pointing to evidence supporting that she: (1) is at least forty years old; (2) suffered an adverse employment decision; (3) was qualified