Case law

JTH TAX LLC v. FOSTER

District Court, W.D. Pennsylvania · Sep 12, 2023

“The key inquiry in establishing diversity is thus the ‘citizenship’ of each party to the action.” Jd. … Stat. § 3104 does not save the claims because the Notes do not qualify as “negotiable instruments” within the meaning of that provision.

DIGITAL DREAM LABS, INC. v. LIVING TECHNOLOGY (SHENZHEN) CO.

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

A review of the robots as pictured in the Second Amended Complaint as well as this Court’s Observations clearly show that there is no substantial similarity between the three-dimensional sculptures of VECTOR and COZMO, … Oct. 29, 2020) (“Courts have often dismissed trade dress claims for failing to provide a complete list of elements where the list of alleged trade dress elements is preceded by a non-limiting qualifier.”); cf., Tetris

Citizens Advisory Committee on Private Prisons, Inc. v. United States Department of Justice

197 F. Supp. 2d 226 · District Court, W.D. Pennsylvania · Aug 7, 2001

H, something that is not clearly required by NEPA. Society Hill Towers, 210 F.3d at 174. … The agency may even rely on its own experts, as long as the experts are qualified and express a reasonable opinion.

RUSH v. WETZEL

District Court, W.D. Pennsylvania · Sep 22, 2025

GA unit was on a 32-person cohort unless the risk level moved to yellow (16-person cohort) or red (4-person cohort) based on the estimated immunity rate. Id. ¶ 27. … There is only a single qualifier to the PLRA’s mandatory exhaustion requirement – administrative remedies must be “available”. Ross v. Blake, 578 U.S. 632, 639 (2016).

TOWNSEND v. THE BOROUGH OF WORTHINGTON

District Court, W.D. Pennsylvania · Mar 31, 2023

As to whether the actions involve the same parties or their privities, this element is clearly satisfied as to DeForte, since DeForte was a plaintiff in both actions. … Whether a public employee has a property interest in his employment sufficient to establish a due process claim is a question of state law. Hill v.

DEFORTE v. THE BOROUGH OF WORTHINGTON

District Court, W.D. Pennsylvania · Mar 31, 2023

As to whether the actions involve the same parties or their privities, this element is clearly satisfied as to DeForte, since DeForte was a plaintiff in both actions. … Whether a public employee has a property interest in his employment sufficient to establish a due process claim is a question of state law. Hill v.

WALSH v. FUSION JAPANESE STEAKHOUSE, INC.

District Court, W.D. Pennsylvania · Feb 9, 2022

The Court finds that it would be admissible under Federal Rule of Evidence 803(6), so long as DOL presents appropriate testimony of the custodian or another qualified witness at trial, such as Mr. … Defendants Have Failed to Meet their Burden of Establishing Admissibility and Relevance As discussed above in Section III.D.2, “the burden of establishing the admissibility

FUNARO

District Court, W.D. Pennsylvania · Nov 19, 2025

the structure of the barn itself and the contents of the barn (including a custom French stove that Plaintiffs allege was worth approximately between $90,000 and 1 The Court notes that Plaintiffs do not clearly … Nevertheless, an agent can qualify as a third party if his acts fall outside the scope of his employment. See Whaumbush v. City of Phila., 747 F. Supp. 2d 505, 513 (E.D. Pa. 2010).

Trinity Industries, Inc. v. Greenlease Holding Co.

173 F. Supp. 3d 108 · District Court, W.D. Pennsylvania · Mar 28, 2016

An orphan share is a “share of waste” attributable “to unknown-or insolvent PRPs,” Action Mfg., 428 F.Supp.2d at 325, 327 , or a PRP that is immune from suit. Litgo, 725 F.3d at 379 n, 4. COL 34. … United States, 867 F.Supp. 948 , 950 (D.Colo.1994) (Section 90607(a)(4) “clearly requires a written demand for specified response costs.

ZURN INDUSTRIES, LLC v. ALLSTATE INSURANCE COMPANY

District Court, W.D. Pennsylvania · Oct 1, 2021

Nothing else in the policy’s terms and conditions serves to qualify the “follow form” language. … The endorsement clearly evidences an intention to provide “protection” to Zurn on par with any “protection” that is provided in the “underlying policies.”

PYROTECHNICS MANAGEMENT, INC. v. XFX PYROTECHNICS LLC

District Court, W.D. Pennsylvania · Mar 11, 2021

To establish a likelihood of success on the merits, a party must show its likelihood of success is significantly better than negligible, but it need not establish that success on the merits is more likely than not. … This report clearly indicates legislative intent to include gifts within the scope of section 106(3).

FALCON v. THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY

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

Northwestern Mutual contends that pursuant to the provisions of the Policy (as reflected in the Replica Policy), he does not qualify for a lifetime benefit. … a two-year benefit if he was not disabled prior to reaching age 60 or that anyone advised him about this limitation. 18 for, there is clearly

NORRIS v. NLMK PENNSYLVANIA LLC

District Court, W.D. Pennsylvania · Oct 19, 2022

Further, Norris has not established a basis for respondeat superior liability. 1. … demonstrate: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she suffered an adverse employment action; and (4) the action occurred under circumstances that could give rise to an

AJAYI v. EQT RE LLC

District Court, W.D. Pennsylvania · Jun 16, 2021

Plaintiff was particularly well qualified to be Vice President of Completions at Rice Energy because he was part of the closed shop and had access to the best contractors. (FAC ¶ 18). … Therefore, even if Walden could establish that he provided Saint Gobain with additional consideration, the terms of the Agreement completely preclude him from establishing that his or Saint Gobain’s conduct or statements

PETERS TOWNSHIP SCHOOL DISTRICT v. B.

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

The Hearing Officer concluded that the record clearly supports a determination that the District throughout the [S]tudent’s programming over the period January 2018 through the date of this record … Under the IDEA, an initial evaluation must be conducted within 60 days of receiving parental consent for the evaluation, or if the State establishes a timeframe within with the evaluation must be conducted, the State must

ROE

District Court, W.D. Pennsylvania · Oct 30, 2025

April 30, 2025, Motion for a T.R.O. and/or a P.I., Petitioner reiterates the claims set forth in his underlying habeas petition, and contends, in the alternative that “his failing health and significant medical needs qualify … As such, the initial inquiry, or factual predicate, is not whether extraordinary circumstances exist; indeed, the Third Circuit has clearly indicated that Petitioner must satisfy both prongs of the Lucas test.

SU v. GAUDIN

District Court, W.D. Pennsylvania · Apr 23, 2024

At the same time, establishing a willful violation does not require a showing that the employer’s conduct was outrageous or egregious. Stone, 935 F.3d at 149. … Richland Shoe Co., 486 U.S. 128, 133 (1988) (holding the willfulness can be established by a showing of knowledge or reckless disregard for legality).

WARNER v. SHELL LEGACY HOLDINGS, LLC

District Court, W.D. Pennsylvania · Sep 30, 2025

Rule 702 allows a witness “qualified as an expert by knowledge, skill, experience, training or education” to “testify in the form of an opinion or otherwise” if the proponent can show it is “more likely than not” that: … June 16, 1999) (“In attempting to base a contract term or provision upon an industry custom or practice, the [moving party] has the burden of providing evidence that clearly establishes either that the other party has actual

UTILITY WORKERS UNITED ASSOCIATION, LOCAL 537 v. UTILITY WORKERS UNION OF AMERICA, AFL-CIO

District Court, W.D. Pennsylvania · Jan 27, 2022

import, however, because about one month later – on April 24, 2018 –the legality of the trusteeship was established or re-established by virtue of the Preliminary Injunction;25 and during that intervening month, so far … And that may well be what the members of UWUA 537 attempted. 46 But the disaffiliation ballot falls short of clearly evidencing or implementing that intent.

Citizens Advy. Comm. on Priv. Pris. v. Usdoj

197 F. Supp. 2d 226 · District Court, W.D. Pennsylvania · Aug 7, 2001

H, something that is not clearly required by NEPA. Society Hill Towers, 210 F.3d at 174. … The agency may even rely on its own experts, as long as the experts are qualified and express a reasonable opinion.