Case law

Swift v. McKeesport Housing Authority

726 F. Supp. 2d 559 · District Court, W.D. Pennsylvania · Jun 22, 2010

Depriving qualified Section 8 beneficiaries of an important source of income without due process, if true, could show deliberate indifference on the part of MHA. … As already explained, plaintiff asserts sufficient factual allegations to establish a custom or policy.

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

LABMD, INC. v. TIVERSA HOLDING CORP.

District Court, W.D. Pennsylvania · Mar 24, 2020

Because LabMD was out of business at the time, they contend, the Statements do not qualify as defamation per se. … Daugherty claims in his declaration that Wallace testified in 2015, under criminal immunity, that he used a standard “off-the-shelf” P2P to obtain the 1718 File. ECF No. 433-1 ¶ 38.

PARKER v. GAINEY

District Court, W.D. Pennsylvania · Jul 23, 2025

, let alone clearly establish, a right to intervention in other contexts.” … City of Harrisburg, 88 F.4th 275, 285 (3d Cir. 2023) (granting qualified immunity to officers for failure to intervene in the violation of a right to medical care), cert. denied sub nom. Foose v. Thomas, 145 S.

TYLER v. ALLEGHENY COUNTY

District Court, W.D. Pennsylvania · Mar 30, 2021

Humphrey, 512 U.S. 477, 480 (1994)), “[i] is well established that liability under § 1983 will not attach for actions taken under color of federal law.” Brown v. … to conclude that they are crime victims under the 4 As the United States notes in its Reply Brief, contrary to Petitioners’ suggestion that the FCVRA is just a collection of “empty words,” victims of federal crimes clearly

HERRING v. SCI FAYETTE

District Court, W.D. Pennsylvania · Oct 12, 2021

. § 1915 establishes the criteria for allowing an action to proceed IFP. … The second requirement mandates that a plaintiff allege clearly in the complaint the official acts that frustrated the underlying litigation.

PRESTON v. FIDELITY BROKERAGE SERVICES

District Court, W.D. Pennsylvania · Feb 19, 2020

To establish a prima facie case of age discrimination, Mr. … Preston has produced no evidence contrary to establish a question of material fact to establish negligence on the part of Fidelity to defeat conditional privilege.

Trade Around World of PA v. Shalala

145 F. Supp. 2d 653 · District Court, W.D. Pennsylvania · Feb 8, 2001

Title XVIII of the Social Security Act establishing the Medicare Program, 42 U.S.C. § 1395 et seq., and Title XIX of the Social Security Act establishing the Medicaid Program, 42 U.S.C. § 1396 et seq., each provides that … because I conclude that Plaintiff has failed to show that its claim is “entirely collateral” to the matters now under consideration by the Departmental Appeals Board, the showing of irreparable harm, standing alone, cannot qualify

GRAZIANO v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, W.D. Pennsylvania · Sep 30, 2023

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 … The sovereign immunity afforded by the Eleventh Amendment provides states and state agencies — including the DOC and its officials — with immunity from suit in federal court unless, inter alia, this immunity has been abrogated

COLE v. CENTRAL GREENE SCHOOL DISTRICT

District Court, W.D. Pennsylvania · Dec 27, 2019

To establish liability on a failure to train theory through custom or practice, a plaintiff must establish “that the need for more or different training was so obvious and so likely to lead to the violation of constitutional … Immunity Defendants argue that they are entitled to qualified immunity, governmental immunity and high public official immunity Because we have found that there

Hughes v. Nationwide Bank

387 F. Supp. 3d 612 · District Court, W.D. Pennsylvania · May 17, 2019

Without establishing Plaintiff's citizenship, Plaintiff fails to establish diversity jurisdiction under § 1332(a). … Because the Complaint fails to establish the citizenship of any purported class member or even Plaintiff himself, it fails to establish subject-matter jurisdiction under § 1332(d).

In Re Bituminous Coal Wage Agreements Litigation

580 F. Supp. 670 · District Court, W.D. Pennsylvania · Feb 21, 1984

While noting its limited availability, the Conex I Court established a separate test in connection with the exemption when money damages are sought. … (The Union later attempted to qualify this argument of the Trustees by stating that the purpose of the clause was not for the benefit of the pensioners.) 26 .

WALSH v. ELDER RESOURCE MANAGEMENT

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

The Court noted that while the General Ledger Plaintiff attached as Exhibit 3 to its Statement of Facts clearly indicates that Staff Source received payments in excess of $500,000 during at least one of the years in issue … Plaintiff’s Motion for Reconsideration asks the Court to reconsider its ruling and grant summary judgment on an altogether different question: irrespective of whether Staff Source qualifies as an “enterprise” under § 203

SMITH v. DEJOY

District Court, W.D. Pennsylvania · Nov 15, 2022

Establishing a prima facie case of race discrimination, the first step in such analysis, requires a showing that the plaintiff: (1) belongs to a protected class; (2) was qualified for the position at issue; (3) was subject … To establish a prima facie case of discrimination under the Rehabilitation Act, an employee must show that: “1) he has a disability; 2) he is otherwise qualified to perform the essential functions of the position, with

Huff v. Nationwide Insurance Co.

167 B.R. 53 · District Court, W.D. Pennsylvania · Jul 1, 1992

This provision is clearly designed to protect the Credit Union’s financial position rather than to serve Berringer’s convenience. … Although fraud can be established by the uncorroborated testimony of a single witness, id., the uncorroborated testimony of a single witness which is diametrically opposed by another witness cannot be considered evidence

LD Schreiber Cheese Co., Inc. v. Clearfield Cheese Co.

540 F. Supp. 1128 · District Court, W.D. Pennsylvania · Jun 24, 1982

The new prior art submitted by defendant for our consideration is clearly relevant here. … To qualify as prior art under these sections, the use must be both public and prior to the invention of the patent in suit. Jones Knitting Corp. v. Morgan, 361 F.2d 451 (3d Cir. 1966); Gillman v.

Carnegie Mellon University v. Marvell Technology Group, Ltd.

890 F. Supp. 2d 602 · District Court, W.D. Pennsylvania · Aug 24, 2012

The license clearly grants Seagate, as an Associate Member of the DSSC, “a worldwide, irrevocable, royalty-free license to make, have made for [its] own use, or sell” the patented method. (Docket No. 398 at ¶ 11). … Based on the structure of the sales cycle, Marvell’s conduct during the period in which Seagate was “shopping” for chips, prior to an actual design win by Marvell, does not qualify as an exercise of Seagate’s “have made”

Hoots v. Commonwealth of Pennsylvania

359 F. Supp. 807 · District Court, W.D. Pennsylvania · May 15, 1973

Rights Act in which plaintiffs, as representatives of a class, allege that residents of the Borough of Braddock, North Braddock and Rankin, in Allegheny County, Pennsylvania, have been deprived of rights, privileges and immunities … C. iSchool Districts Established by the State and County Boards 13.

TITHONUS PARTNERS II, LP v. CHICAGO TITLE INSURANCE COMPANY

District Court, W.D. Pennsylvania · Oct 8, 2021

Thus, because it qualifies as a “successor” to Tithonus Tyrone, Tithonus Partners argues that it is clearly an “Insured” under the plain language of the Policy. (ECF No. 42, pp. 5-6; ECF No. 47, pp. 2-3). … The contract clearly and unambiguously calls for whole ownership, not nearly whole or “effectively whole” as Tithonus Partners advocates.

DAVIS v. THE ALBERT M. HIGLEY COMPANY, LLC

District Court, W.D. Pennsylvania · Mar 7, 2025

Nelson, 346 Mont. 366, 195 P.3d 826, 833 (2008)), “[w]hen a qualifying patient uses medical marijuana in accordance with the MMA, he is receiving lawful medical treatment. … In concluding, Defendant maintains that “[t]he statutory language clearly provides that the use of medical marijuana – whether or not legally permissible in Pennsylvania – does not entitle Plaintiff to accommodation or