Case law

DEEP v. WINGARD

District Court, W.D. Pennsylvania · Feb 25, 2020

A state court decision can be contrary to clearly established federal law in one of two ways. … A bright line establishing when PCRA counsel ceases to be acting as PCRA trial counsel and when he/she begins to act as PCRA appellate counsel needs to be established, so that we can clearly know whether Martinez applies

MORELLI v. ARMSTRONG SCHOOL DISTRICT

District Court, W.D. Pennsylvania · Aug 13, 2025

Flanders seeks dismissal of these claims, and he argues that he is shielded from liability by qualified immunity. Mr. Flanders further argues that Ms. … It is well-established in the Third Circuit that sexual molestation of a student violates a clearly established federal right. Stoneking v. Bradford Area Sch.

SHROPSHIRE v. GALLAWAY

District Court, W.D. Pennsylvania · Mar 17, 2020

In general, a plaintiff may establish a prime facie case by demonstrating that (1) he is a member of a protected class, (2) he is qualified for the position, (3) he suffered an adverse employment action, and (4) the circumstances … Such speculation cannot serve to establish a plausible claim for retaliation.

Gamlen Chemical Co. v. Gamlen

79 F. Supp. 622 · District Court, W.D. Pennsylvania · Jul 29, 1948

The other shares (save for qualifying shares) were and are held by Harry Gamlen and his son, James E. Gamlen. … The granting of a preliminary injunction is an exercise of a very far reaching power, never to be indulged in except in a case clearly demanding it. New York Asbestos Mfg. Co. v.

IRONSHORE SPECIALTY INSURANCE COMPANY v. CONEMAUGH HEALTH SYSTEM, INC.

District Court, W.D. Pennsylvania · May 16, 2022

In the Court’s opinion, after a lengthy review of the case law cited by both parties, the Court found that the authorities did not “clearly establish whether an excess insurer may recoup indemnity payments under state … Conemaugh contends that its motion for summary judgment against Coverys should be granted because (i) Conemaugh has clearly established a claim for breach of contract on the part of Coverys and (ii) Conemaugh has clearly

BEY

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

equaling the 5 As the Supreme Court has explained, however, the ALJ must provide a satisfactorily clear articulation of the basis for her conclusions: An agency action qualifies … (1) New and material evidence is furnished; (2) A clerical error was made; or (3) The evidence that was considered in making the determination or decision clearly

UNITED STATES OF AMERICA v. MAGEE WOMENS RESEARCH INSTITUTE AND FOUNDATION

District Court, W.D. Pennsylvania · Apr 24, 2024

Second, even if costs saved do qualify as program income, the theory still fails because Ms. … It also warned, “It should be clearly understood that the federal government has no interest in [the Foundation’s] best interests.

SIMMONS v. GILMORE

District Court, W.D. Pennsylvania · Mar 31, 2021

Yet, “a forgiving interpretation does not render immune from dismissal or summary judgment claims that lack ptocedural or factual viability.” Id. … But here, Simmons has failed to establish any retaliatory adverse action.

WARMAN v. LOCAL YOKELS FUDGE, LLC

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

To prevail on a Rule 60(b)(3) motion, the moving party must establish, by clear and convincing evidence, Brown v. Pa. R.R. … testimony cited by Defendants about the amount of PC, they have omitted Warman’s full quote, namely that “it might be a couple percent because there are two pounds of [PC] in one of [the other] ingredients so you can qualify

RODRIGUEZ v. CP DEVELOPMENT, INC

District Court, W.D. Pennsylvania · Jul 19, 2021

They established a newly 4 Rodriguez did not provide the date of his first EEOC charge, but alleges that on October 3, 2019, he filed a second charge. … Their conduct is clearly central to the basis of the charge and placed them on notice of the nature of the claim against them.

THURSTON v. O'MALLEY

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

He found, though, that Plaintiff’s COPD did not qualify as a severe impairment, although he had found this impairment to be severe in his prior decision. (R. 47, 757-58). … Therefore, neither the ALJ nor the medical expert on whose testimony he solely relied clearly identified why Plaintiff’s conditions failed to meet or equal a listing or even cited the specific listings under consideration

RESCO PRODUCTS, INC. v. INTERNATIONAL UNION OF BRICKLAYERS AND ALLIED CRAFTWORKERS

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

In Count I of the Complaint, Resco seeks a declaration by the Court that it has no obligations under the NRA with respect to its employees in Ghent, Kentucky because the NRA does not qualify as a pre-hire agreement that … the majority status of such labor organization has not been established . . . . 29 U.S.C. § 158(f).

Luna Collision LTD v. City of Duquesne, et al

District Court, W.D. Pennsylvania · Mar 12, 2026

Luna further contends, “[o]n information and belief, the City dispatched towing companies located outside the City to respond to accidents and disabled vehicles occurring within Duquesne while Plaintiff was available and qualified … Luna alleges no facts that demonstrate the existence of any procedure necessary to establish Defendants’ intentional differential treatment towards Luna.

HALL v. LIGONIER VALLEY POLICE DEPARTMENT

District Court, W.D. Pennsylvania · Feb 20, 2025

this provision, a plaintiff must demonstrate that the conduct in the complaint was committed by a person or entity acting under color of state law and that such conduct deprived the plaintiff of rights, privileges or immunities … The Third Circuit rejects “attempts to redefine clearly passive inaction as affirmative acts.” Morrow v. Balaski, 719 F.3d 160, 178 (3d Cir. 2013).

HARVEY v. TECHNIMARK LLC

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

To establish an age or race discrimination claim, Mr. … As stated in the above paragraph, the only mention of any sort of time period was in the written offer letter’s payback clause, which clearly does not establish any sort of two-year employment term. As such, Mr.

PIRL v. RINGLING

District Court, W.D. Pennsylvania · Aug 5, 2022

organization, occupation, or calling, whether or not for profit; (C) making the record was a regular practice of that activity; (D) all these conditions are shown by the testimony of the custodian or another qualified … In the alternative, Judge Kelly also found that DC-ADM 001 applied to Pirl’s Grievance No. 829095 because (1) Ringling’s alleged conduct clearly satisfied the definition of “abuse” under DC-ADM 001, and (2) Pirl’s Grievance

Ward v. McDan Dav Leasing Corporation

340 F. Supp. 86 · District Court, W.D. Pennsylvania · Mar 28, 1972

The plaintiff Dorothy Louise Ward is the duly qualified Administratrix of the Estate of her deceased husband William Ward, is a citizen of the State of Kentucky and has complied with the requirements of 20 P.S. … His headlights clearly illuminated the road 100 feet ahead of him. 27.

MCCRUMB v. UNION RAILROAD COMPANY, LLC

District Court, W.D. Pennsylvania · Sep 14, 2022

Clearly, this dispute is inextricably intertwined with and requires interpretation of the CBA. … This is just one way to establish the fourth element.

WALDRON v. WETZEL

District Court, W.D. Pennsylvania · Jun 10, 2020

the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or any other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Clearly, this is not what occurred in this case.

PAYO v. STECHSCHULTE

District Court, W.D. Pennsylvania · Mar 29, 2022

Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or any other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … As the Court of Appeals has held: the Estelle “deliberate indifference to serious medical needs” standard is clearly met when a doctor is “intentionally inflicting pain on [a] prisoner[ ].”