Case law

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

HOOD

District Court, W.D. Pennsylvania · Aug 5, 2026

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

ANDREWS v. PNC NATIONAL BANK, N.A.

District Court, W.D. Pennsylvania · Oct 6, 2022

In her deposition, Andrews disagreed with the substance of the performance rating and criticized Bandi for her inability to clearly explain her feedback. Pl.’s SOMF ¶ 61. … To establish a prima facie case of employment discrimination under Title VII, “the plaintiff must show (1) [she] belongs to a protected class, (2) [she] was qualified for the position, (3) [she] was subjected to an adverse

PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF MISSISSIPPI v. MYLAN N.V.

District Court, W.D. Pennsylvania · May 18, 2023

It wasn’t qualified. It wasn’t aspirational. … These issues were clearly fresh in the minds of senior management. But that’s not all. Even earlier, the FDA allegedly told Mylan executives, including Mr.

WALSH v. PICANTE GRILLE LLC

District Court, W.D. Pennsylvania · Dec 15, 2021

Initially, there is seemingly no dispute that Helius Mucino qualifies as a joint employer with Picante Grille during the third relevant timeframe, chronologically speaking, discussed above, that is, July 14, 2017, the date … The Picante LLC employees who submitted statements to Investigator Decos clearly viewed Helius Mucino as a manager at Picante LLC who had the authority to hire and fire employees and set wages.

THE MEDICAL PROTECTIVE COMPANY v. LAUREL PEDIATRIC ASSOCIATES, INC.

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

Judgment on the pleadings is appropriate when “the movant clearly establishes that no material issue of fact remains ... and that he is entitled to judgment as a matter of law.” Rosenau vy. … In addition, it is reasonable to find the act of properly maintaining a safe facility with qualified, ethical doctors would be the intent of the drafters of an insurance policy.

RAZZANO v. SARANDREA

District Court, W.D. Pennsylvania · Dec 23, 2019

The District Court noted that although “the Pennsylvania Supreme Court has declared that reputation is in ‘the same class with life, liberty, and property,’” the Pennsylvania Supreme Court “clearly understood that it is … enough from the original stigma to qualify as a separate right or interest affected by the defamatory action.

SMARRA v. BOILERMAKER-BLACKSMITH NATIONAL PENSION TRUST

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

Higgins was clearly acting with apparent authority as an agent of Boilermakers. Higgins counseled Smarra in a manner that would cause a reasonable person to believe she was giving advice on behalf of Boilermakers. … In fact, the Summary Plan Description and the Pension Application Instructions provided by Boilermakers state that participants must submit a Notice of Award to qualify for a disability pension.

BASSETT v. PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION, INC.

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

The Court finds this alleged harm is entirely too speculative, and at best, establishes only a risk of irreparable harm. See ECRI y. … McGraw-Hill, Inc., 809 F.2d 223, 226 (3d Cir. 1987) (“Establishing a risk of irreparable harm is not enough.”).

DAVIS v. WETZEL

District Court, W.D. Pennsylvania · Feb 7, 2024

regulation, custom, or usage of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities … As note previously, whether DOC Defendants had a practice/procedure is clearly something that needs to be developed during discovery.

MCMAHON v. CHIPOTLE MEXICAN GRILL, INC.

District Court, W.D. Pennsylvania · Apr 3, 2023

For expert testimony to be admissible under Rule 702, a trial judge, as gatekeeper, must be satisfied that: (1) the witness is qualified as an expert; (2) “the proposed testimony is reliable and relates to matters … Pohl’s report recognizes this and clearly distinguishes the findings of his review based on the method of selection. (See id. at 9-10).

CLAIBORNE v. FEDEX GROUND PACKAGE SYSTEM, INC.

District Court, W.D. Pennsylvania · Sep 28, 2022

Known as the Motor Carrier Act Exemption, the provision provides that overtime pay is not required for “any employee with respect to whom the Secretary of Transportation has power to establish qualifications … Plaintiffs were clearly on notice of the likelihood of dispositive motion practice with respect to the individuals it now seeks to dismiss.

RICHARD

District Court, W.D. Pennsylvania · Mar 19, 2026

Instead, he was informed that, because he and Lewis had the similar experience and qualifications, they would both be promoted to a “lead supervisor” position,1 in which 1 The complaint does not clearly allege … Richard alleges that, in December 2017, he was the most qualified applicant for a posted supervisor position, but he was denied the promotion due to his disability.

WALTON v. WESTMORELAND COUNTY

District Court, W.D. Pennsylvania · Jan 3, 2024

Third Circuit “case law establishes a presumption that when employees resign, they do so freely, so the onus is on [the plaintiff] to produce ‘evidence to establish that the resignation . . . was involuntarily procured. … Walton’s continued employment at the County after his announced resignation clearly undermines his subjective statements that the conditions he faced working there were intolerable.

SEBASTIANI v. WESTMORELAND COUNTY

District Court, W.D. Pennsylvania · Dec 20, 2024

Chew did not agree to hire Sebastiani because he did not think she was qualified. Id. ¶¶ 99-100. … Further, the record also indicates that the Elections Director position is unique because it is difficult to find someone who is qualified in that specific field. Id. ¶ 95-97.

HEALTHPLANCRM, LLC v. AVMED, INC.

District Court, W.D. Pennsylvania · Apr 28, 2020

the question is whether an individual’s contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party’s home forum, we believe the answer clearly is that it cannot. … In contrast, a narrower or qualified provision might suggest that parties intended the arbitrator’s jurisdiction to be constrained in a way that would preclude the arbitration of arbitrability issues.

S.V.B. ASSOCIATES, INC. v. LOMB

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

“If, however, the facts establish that the claim involves the defendant’s violation of a broader social duty owed to all individuals, which is imposed by the law of torts and, hence, exists regardless of the contract, then … Defendants are alleged to have made arrangements to sell SSA’s Confidential information to four competitors, boasting “everyone clearly knows that this will alter regional competition somewhere; it is like they smell

ABRAMSON v. AGENTRA, LLC

District Court, W.D. Pennsylvania · Aug 3, 2021

After the Court issued a Case Management Order that established various pretrial deadlines. … Here, the size of the class clearly meets the numerosity requirement.

DOE 1 v. UPPER SAINT CLAIR SCHOOL DISTRICT

District Court, W.D. Pennsylvania · Jan 21, 2022

Their claims fail to establish the requisite injury-in-fact. … To state a claim under the ADA or the Rehabilitation Act, a plaintiff must establish that “T1] he is a qualified individual with a disability, [2] who was precluded from participating in a program, service, or activity,

CARTER v. BAUMCRATZ

District Court, W.D. Pennsylvania · Sep 28, 2021

Nevertheless, the record establishes that the use of OC spray was brief. This is reflected in the absence of any reaction to the spray by the Defendants. … This is noted in the contemporaneous medical records and can be clearly seen on the handheld video. See ECF No. 113- 1, p. 35.