Case law

LOWERY

District Court, W.D. Pennsylvania · Jun 4, 2026

by the Supreme Court of the United States” or 2) where that state court decision “involved an unreasonable application of... clearly established Federal law as determined by the Supreme Court of the United States.” … A state court decision can be contrary to clearly established federal law in one of two ways.

EAKIN v. ADAMS COUNTY BOARD OF ELECTIONS

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

Plaintiffs allege that the Date Instruction serves no meaningful purpose and is immaterial to whether a voter is qualified to vote in Pennsylvania. … The individual intervenors have failed to establish that they have an interest in the state not counting the ballots of others.

DEBACCO

District Court, W.D. Pennsylvania · Feb 18, 2026

Cf. also Docket No. 14 at 6-7 (clearly refuting Plaintiff’s contentions and providing apt case citations); supra, n. 9. … To the extent Plaintiff avers that ALJ Wood’s determination of additional severe impairments - contributing to Plaintiff’s SSI-qualifying disability since March 2024 - warrants remand of ALJ Perry-Dowdell’s prior Decision

SHERWIN-WILLIAMS COMPANY v. PPG INDUSTRIES, INC.

District Court, W.D. Pennsylvania · Oct 27, 2021

If a proper foundation for Kearl’s opinion is not established, PPG may renew its Daubert challenge prior to Kearl’s testimony. … Clearly, Sherwin did not obtain the best evidence, i.e., actual sales records from Red Bull or Ball.

KING v. MICHAEL BAKER INTERNATIONAL

District Court, W.D. Pennsylvania · Jul 8, 2022

Indeed, she reviewed resumes for that position for Smay and identified three candidates she believed were qualified. … “In order to make out a prima facie case of disability discrimination under the ADA, [a plaintiff] must establish that she (1) has a ‘disability,’ (2) is a ‘qualified individual,’ and (3) has suffered an adverse

LABMD, INC. v. TIVERSA HOLDING CORP.

District Court, W.D. Pennsylvania · Mar 29, 2023

In order to successfully establish a claim for defamation, the plaintiff has the burden of proving: (1) The defamatory character of the communication. (2) Its publication by the defendant. … This clearly demonstrates that LabMD DID NOT adequately protect their patient’s PHI/PII, which is all that the FTC needs to demonstrate. Case closed.

Luna Collision Ltd v. City of Duquesne, et al

District Court, W.D. Pennsylvania · Nov 12, 2025

It contends that Luna is distinct because it “is less qualified than the other companies as it does not possess a Certificate of Authorization as a licensed salvor, which is required for many towing services.” … Jd. at 630-31, (finding that, despite plaintiff insisting there was no rational basis, the facts alleged in the complaint clearly demonstrated a rational basis for defendant’s conduct, so the Court granted the motion to

BALL v. COMMISSIONER OF SOCIAL SECURITY

District Court, W.D. Pennsylvania · Sep 26, 2019

Moreover, an ALJ’s impatience or even anger does not establish bias. See id. at 555-56 (noting that expressions of impatience, dissatisfaction, annoyance or even anger do not establish bias). … Moreover, the ALJ’s decision clearly shows that Plaintiff’s daily activities were only one of many factors considered in her analysis.

ROOD v. R&R EXPRESS, INC.

District Court, W.D. Pennsylvania · Apr 11, 2022

engineers do not qualify for the administrative exemption, and it is unnecessary to address the other elements of the administrative exemption.” … These actions, even if they were the primary duties of Logistics Coordinators, do not qualify as administrative.

FLEMING v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, W.D. Pennsylvania · Jun 30, 2020

Fleming were to establish such a tight, the decision to ban Ms. … Fleming, they still do not establish an actionable claim.

YOUNG v. ALLEGHENY HEALTH NETWORK

District Court, W.D. Pennsylvania · Nov 2, 2022

Clearly, genuine disputes of material fact exist as to Dr. Kubrin’s reasons for ordering the therapeutic restraints. … Kubrin in deciding to place Plaintiff in restraints does not establish wanton behavior or reckless indifference as a matter of law.” Br. at p. 17. Again, because the actions of Dr.

MICHAUX v. TEMAS

District Court, W.D. Pennsylvania · Jul 7, 2020

At the hearing, the court expressed concern that the claims and legal theories were not clearly identified. Plaintiffs’ counsel offered to submit a document to clarify them. … Daniel was not qualified to opine on that subject because he had no knowledge about or experience in supervising corrections staff.

Muolo v. Quintana

593 F. Supp. 2d 776 · District Court, W.D. Pennsylvania · Jan 8, 2009

avoid[]” the legal problem identified by the majority of courts of appeals. 62 Fed.Reg. 53690 (Oct. 15, 1997) (“Because of differences in application of case law among the various Federal courts, a few crimes would not be clearly … characterized as “violent” offenders within the meaning of the statute, but they were bracketed, for sentence reduction purposes, with persons currently incarcerated for “nonviolent offense[s]” who in the past committed crimes qualifying

Fannie v. Chamberlain Mfg. Corp., Derry Div.

445 F. Supp. 65 · District Court, W.D. Pennsylvania · Dec 5, 1977

Count Six alleges that the defendants and others presently unknown conspired to deprive the plaintiffs of their rights, privileges and immunities secured by 42 U.S.C. §§ 2000e, et seq., 29 U.S.C. § 185 , and 42 U.S.C. § 1981 … These claims clearly sound in contract because they revolve around the labor agreements negotiated by the defendant company and unions.

ALBRIGHT v. CONCURRENT TECHNOLOGIES CORPORATION

District Court, W.D. Pennsylvania · Sep 30, 2022

Under the pleading regime established by Twombly and Iqbal, a court reviewing the sufficiency of a complaint must take three steps. … be qualified for any payment under the IP Reward Program.

In Re Rent-Way Securities Litigation

209 F. Supp. 2d 493 · District Court, W.D. Pennsylvania · Jul 11, 2002

Judgment will only be granted if it is clearly established that no material issue of fact remains to be resolved and that the movant is entitled to judgment as a matter of law. Regalbuto v. … The allegations are detailed and particularized and clearly set forth the “who, what, where, when and why” required by Rule 9(b).

United Steelworkers v. Pension Benefit Guaranty Corp. (In Re Wheeling-Pittsburgh Steel Corp.)

103 B.R. 672 · District Court, W.D. Pennsylvania · Jul 5, 1989

The termination date of the plans is now established as November 8, 1985. 4 . … The 2nd Circuit opinion in LTV is authoritative, directly on point, and so cleanly and clearly drafted, that we have not the temerity to attempt an improvement.

Andrea L. Ex Rel. Judith B. v. Children & Youth Services of Lawrence County

987 F. Supp. 418 · District Court, W.D. Pennsylvania · Sep 30, 1997

We find no such right clearly expressed in the existing ease law, and in the exercise of judicial self restraint decline to “break new ground in this field.” … We also need not address a state created danger theory, Kneipp, 95 F.3d 1199 , because of our finding that no condition qualifying as dangerous has been alleged.

BEAUREGARD v. BROADWAY ELECTRIC SERVICE CORPORATION

District Court, W.D. Pennsylvania · Jun 24, 2022

Jd; see also 29 U.S.C. § 218 (providing that the FLSA does not “excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under [ … The Court finds that decision to be persuasive, notwithstanding BESCO’s repeated assertions that LaRue was “wrongfully decided, and clearly so.” (ECF No. 9, pp. 4, 13-21).

Bogaski v. County of Allegheny

244 F. Supp. 3d 476 · District Court, W.D. Pennsylvania · Mar 22, 2017

In any event, the Court is not prepared to rule that disparity of impact may not be established by competent evidence that does not qualify as “statistical”. … If Defendant intends to deny that it is the property owner of the North Park facility, or otherwise deny its knowledge of its North Park garage permanent fixture—i.e., urinal—it should do so more clearly. .