Case law

Inmates of the Allegheny County Jail v. Wecht

565 F. Supp. 1278 · District Court, W.D. Pennsylvania · May 25, 1983

Testimony established that staff members and sometimes even the warden will rule on such calls. Under Mr. … Manson, 651 F.2d 96 (2d Cir.1981) clearly articulated the only purpose furthered by the condition of overcrowding — economics.

ROGERS v. UPMC ALTOONA

District Court, W.D. Pennsylvania · Apr 8, 2025

She is a member of a protected class and qualified for the position. ECF No. 24 ¶¶ 7, 17- 18. … Next, to establish a prima facie case of hostile work environment: the plaintiff must establish that 1) the employee suffered intentional discrimination because of his/her sex, 2) the discrimination

SHORT

District Court, W.D. Pennsylvania · Aug 13, 2026

Short alleges a due process violation under the Fourteenth Amendment, he does not clearly state whether he intends to assert a procedural or substantive due process claim. See ECF No. 8. … Short’s rights is insufficient to plausibly establish their personal involvement. Accordingly, because Mr.

TALLEY v. GILMORE

District Court, W.D. Pennsylvania · May 4, 2020

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … To allege a prima facie violation, the plaintiff must establish that (1) he is a qualified individual; (2) with a disability; (3) [who] was excluded from participation in or denied the benefits of the services, programs

LabMD, Inc. v. Tiversa Holding Corp. formerly known as Tiversa, Inc. and Robert J. Boback

District Court, W.D. Pennsylvania · May 21, 2026

Daugherty claims that, because these statements were directed to these medical professionals, “LabMD will have to spend even more time and money attempting to rehabilitate its reputation so that it can attract qualified … The moving party bears the initial burden of establishing that the evidence fails to support one or more essential elements of the non-moving party’s claim, while the non-movant must establish the existence of each element

Bracciodieta-Nelson v. Commissioner of Social Security

782 F. Supp. 2d 152 · District Court, W.D. Pennsylvania · Apr 27, 2011

Where a claimant has multiple impairments which may not individually reach the level of severity necessary to qualify as an impairment delineated in 20 C.F.R. Regulations No. 4, Subpt. … The ALJ clearly discussed this in her determination. (R. at 14-16). Plaintiffs scores generally ranged from 45 to 65. (R. at 14-16).

BROWN v. LARDIN

District Court, W.D. Pennsylvania · Oct 17, 2023

Sexual Assault Detainees have a clearly established right not to be sexually assaulted by prison employees. E.D. v. … CONCLUSION 6 The Court does not reach Defendants’ assertion that their conduct is subject to qualified immunity. ECF No. 51 at 11.

NIXON v. United States

District Court, W.D. Pennsylvania · Jul 21, 2020

“[T]he court must accept the truth of the movant’s factual allegations unless they are clearly frivolous on the basis of the existing record.” Id. at 545. … Nixon also failed to establish actual prejudice. Nixon relies on Mathis to argue that the elements of 35 Pa. Cons.

Pritchard v. Dow Argo Sciences

263 F.R.D. 277 · District Court, W.D. Pennsylvania · Nov 12, 2009

Omalu is not qualified to render the opinions in his report. (Id.). They also argue that Dr. … It very clearly and persuasively shows no association between the two. It seems to have been ignored by Dr. Omalu.”)).

Pennwest Farm Credit, ACA v. Wagner (In re Wagner)

174 B.R. 189 · District Court, W.D. Pennsylvania · Nov 23, 1994

Under the Act, it is important that you establish delivery or mailing within THIRTY 30 days of receiving our certified letter. *192 3. … Under the Act, it is important that you establish delivery or mailing within THIRTY 30 days of receiving our certified letter. 2.

Nathaniel Jackson v. Amazon.com, Inc. et al.

District Court, W.D. Pennsylvania · Sep 2, 2026

Further, what qualifies as a reasonable opportunity to cure is a factual question that would require discovery. … The Court finds an increased risk of harm can be established though acts of omission, and the complaint pleads as much.

Bruni v. City of Pittsburgh

283 F. Supp. 3d 357 · District Court, W.D. Pennsylvania · Nov 16, 2017

So it would be clearly defined. It wouldn't be in front of the obstructing the door per say [sic], but you couldn't be within 15 feet of it. … In contrast, the Sign Code gave least favorable treatment to the kind of sign that the petitioner church in Reed sought to use: "Temporary Directional Signs Relating to a Qualifying Event." Id .

A.H. v. MEDICAL RESCUE TEAM SOUTH AUTHORITY

District Court, W.D. Pennsylvania · Sep 29, 2025

These services clearly fall within the ambit of pediatric psychiatric treatment, which St. Clair does not provide. (ECF No. 33, at 7). … As such, this Court concludes that Plaintiff has not sufficiently pleaded facts to establish standing for any claim for injunctive relief. St.

In Re Chambers Development Securities Litigation

848 F. Supp. 602 · District Court, W.D. Pennsylvania · Feb 23, 1994

In order to prevail on a Rule 12(b)(6) motion, the movant must establish that no relief could be granted under any set of facts that the plaintiff could prove. Conley v. … Thus, although an issuer is no longer immunized from § 12 liability, neither is an issuer liable solely on the basis of its involvement in preparing the prospectus.

BAVONE v. PRIMAL VANTAGE COMPANY, INC.

District Court, W.D. Pennsylvania · Feb 21, 2024

Why those cracks were in there, I don't have any definitive analytical information to show, but they're clearly there. … Therefore, having established that Derby is qualified to render his opinion, the chosen methods were sufficiently reliable, and there are good grounds to believe that the testimony would be helpful to the jury, plaintiff

Galena v. Leone

711 F. Supp. 2d 440 · District Court, W.D. Pennsylvania · Mar 5, 2010

The issue as to whether this rule in fact meets the demands of the First Amendment and therefore qualifies as a lawful time, place, and manner regulation was properly removed from the jury, and the case was submitted to the … any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

HENISCH

District Court, W.D. Pennsylvania · Dec 18, 2025

Glancey is qualified to testify as an expert on warnings. … Sokalski is qualified to testify as an expert on warnings.

GLENN v. MCLAIN

District Court, W.D. Pennsylvania · Sep 30, 2024

Twombly, 550 U.S. at 570 (rejecting the traditional Rule 12(b)(6) standard established in Conley v. Gibson, 355 U.S. 41, 78 (1957)). … A frivolous claim 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

Mincin v. Shaw Packing Co.

989 F. Supp. 710 · District Court, W.D. Pennsylvania · Dec 30, 1997

The plan “failed to qualify, and the deductions made to it in 1976, 1977, 1978 and 1979 were disallowed.” Id. at 245. … Finally, the avenues of relief pursued by plaintiff are clearly independent and distinct. An appropriate order will follow.

Derzack v. County of Allegheny

173 F.R.D. 400 · District Court, W.D. Pennsylvania · Nov 18, 1996

The failure of a party’s corrupt plan does not immunize the defrauder from the consequences of his misconduct. … Plaintiffs’ inability or unwillingness to pay a monetary sanction clearly renders it ineffectual.