Case law

CRAWFORD v. SAUL

District Court, W.D. Pennsylvania · Sep 29, 2021

However, the ALJ found that Plaintiff’s alleged mental health conditions did not qualify as severe impairments. … As noted above, the ALJ found unpersuasive four separate opinions that clearly indicated that Plaintiff suffered from fairly serious mental health impairments – those of consultative examiner Chantal Deines, Pys.D.

VANDIVNER v. WETZEL

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

(1) Application of § 2254(d)(1) (a) “Clearly established Federal law” In applying § 2254(d)(1), this Court’s first task is to ascertain what … law falls within the scope of the “clearly established Federal law, as determined by the Supreme Court of the United States[,]” 28 U.S.C. § 2254(d)(1).

McLAUGHLIN v. ZAVADA

District Court, W.D. Pennsylvania · Jun 21, 2021

Shaikh, 959 F.3d 578, 584 (3d Cir. 2020) (misleading or deceptive instructions from a prison official, as well as clearly erroneous statements, can render a grievance process unavailable). … Defendants also contend that the claim should be dismissed because the fight that occurred twenty years before is too distant to establish temporal proximity and because the record establishes that Plaintiff

BARTHELEMY v. MOON AREA SCHOOL DISTRICT

District Court, W.D. Pennsylvania · Apr 16, 2020

Milanovich testified, “[t]here may have been a foreign language position, but I think that we just had to search harder to get qualified candidates.” … Because it was [the employer’s] burden to establish this fact so clearly that no rational 31 See id. for citations to the Record for the reasons discussed in this paragraph.

Grove City College Ex Rel. Sickafuse v. Harris

500 F. Supp. 253 · District Court, W.D. Pennsylvania · Jun 26, 1980

The fact that veterans could enter educational programs because of the availability of Federal funds was also viewed as benefiting Bob Jones by enlarging its pool of qualified applicants. 396 F.Supp. at 602-603 . … The Appeals Court is quoted more specifically as follows: “The action of HEW in the proceedings below was clearly disruptive of the legislative scheme.

Byrd v. Aaron's, Inc.

14 F. Supp. 3d 667 · District Court, W.D. Pennsylvania · Mar 31, 2014

It is well established that a plaintiff must demonstrate standing for each claim she seeks to press. … Rule 23 merely provides a procedural doorstop which holds the door open for qualified class members, once it has been opened by the person or persons initially seeking entry.”). .

SHERWIN-WILLIAMS COMPANY v. PPG INDUSTRIES, INC.

District Court, W.D. Pennsylvania · Mar 18, 2020

The opinion testimony of qualified experts. 15. … Sherwin Williams’ motion clearly sought summary judgment on both grounds. (ECF No. 371).

HORNE

District Court, W.D. Pennsylvania · Nov 26, 2025

Further, the 2022 charge pre-dated the 2024 job termination issue; thus, the 2022 charge clearly did not address this claim. … To bring an FMLA retaliation claim, a plaintiff must allege: (1) she invoked the right to FMLA-qualifying leave, (2) she suffered an adverse employment decision, and (3) the adverse action was causally related to her invocation

GIRVAN v. ADAMS

District Court, W.D. Pennsylvania · Apr 5, 2024

Court’s “adjudication of the claim”: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … A state-court adjudication is “contrary to…clearly established Federal law, as determined by the Supreme Court of the United States” § 2254(d)(1), “if the state court applies a rule that contradicts the governing law set

CNX GAS COMPANY LLC v. LLOYDS OF LONDON

District Court, W.D. Pennsylvania · Oct 17, 2019

Only lead underwriters, the Sixth Circuit concluded, can qualify as “real parties in interest” for diversity purposes. … Defendants have failed to establish complete diversity. Only the identity of the Names comprising Syndicates 1084, 9223, 4141 and 72.6 percent of Syndicate 33 are established.

MIKOLAITIS

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

Pa. 2012) (“According to the Third Circuit, Rule 23(a)(4) adequacy is satisfied by showing that (1) Class Counsel is competent and qualified to conduct the litigation; and (2) class representatives have no conflicts … Under Rule 23, such notice must clearly and concisely state in plain, easily understood language: (i) the nature of the action; (ii) the definition of the class certified; (iii) the class claims

SMITH v. PHILLIPS & ASSCOCIATES, INC.

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

Sex-Based Discrimination (Count I) Beyond the matters set out above, plainly put, the Plaintiff cannot and does not establish a prima facie sex discrimination claim based on the denial of … To establish a prima facie case of gender discrimination, Plaintiff must demonstrate (1) she was a member of a protected class; (2) she was qualified for the job position; (3) she suffered an adverse employment decision

Allegheny Energy, Inc. v. DQE, Inc.

74 F. Supp. 2d 482 · District Court, W.D. Pennsylvania · Dec 3, 1999

Marshall (“Marshall”), how important the transaction was to Allegheny, in part because it would diversify Allegheny’s business risk beyond the traditional regulated utility business to the unregulated businesses in which DQE clearly … Although there is a common understanding of what the term “material” encompasses, the inherent relativity of this word makes it ambiguous in the absence of any qualifying language. 239.

LOPEZ v. CSX TRANSPORTATION, INC.

District Court, W.D. Pennsylvania · Jul 6, 2021

First, the proffered witness must be qualified as an expert. Id. … Berkowitz is qualified because he has “extensive experience in designing and overseeing entire transportation systems” which includes trains and train crews as well as establishing the safety rules that train crew are

DOUGLASS

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

(“[P]re-litigation solutions [are] clearly[] the most expedient and cost-effective means of resolving legal matters.”). Although the parties did not reach a resolution, they apparently agreed that Mr. … Dec. 7, 2012) (“According to the Third Circuit, Rule 23(a)(4) adequacy is satisfied by showing that (1) Class Counsel is competent and qualified to conduct the litigation; and (2) class representatives have no conflicts

THOMAS v. COMMONWEALTH OF PENNSYLVANIA

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

Rainey was convicted of robbery, and the evidence clearly established that a death occurred during that robbery, which is sufficient to prove second degree murder under Pennsylvania law. See 18 Pa. Cons.Stat. … Thus, the burden is clearly upon Petitioner to show that his sentence is unconstitutional or illegal. Jones v.

HOLT

District Court, W.D. Pennsylvania · Sep 9, 2026

A state court decision can be contrary to clearly established federal law in one of two ways. … The clearly established federal law for analyzing a sufficiency of the evidence claim is set forth in Jackson v.

BLOOM v. JP MORGAN CHASE BANK, N.A.

District Court, W.D. Pennsylvania · Jun 21, 2021

In November 2014, Bloom’s previous counsel mailed a Qualified Written Request (‘QWR”) to Chase in the form of requests for information (“RFI”) and notices of error (“NOE”) under RESPA. … Chase claims Bloom cannot establish a claim for unjust enrichment because Bloom has not remitted funds sufficient to cover a full month’s payment on the loan since March 1, 2013.

HILL v. BARNACLE

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

“However, even if [Hill] establishes a prima facie case, prison officials may still prevail if they establish that ‘they would have made the same decision absent the protected conduct for reasons reasonably related to a … with timing to establish a causal link.”

ARRINGTON

District Court, W.D. Pennsylvania · Feb 25, 2026

Since at least 2018, Arrington has had a tattoo of a crown that he claims is clearly visible on the top of his right hand and wrist. ECF No. 3, §29. … State ..., 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 12 immunities