Case law

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  • Equal Employment Opportunity Commission v. Halls Motor Transit Co.

    609 F. Supp. 852 · District Court, W.D. Pennsylvania · May 29, 1985

    Plaintiff also states that Lenhart harassed Andrew Brown, another black employee, who, in turn, filed a charge of race discrimination with the EEOC. Id. at 5. … Specifically, the Court considered whether the National Labor Relations Board (“the Board”) acted properly in shifting the burden of persuasion to the employer to demonstrate that the same action would have been taken in

    Cited 1 timesPublished
  • Tribune Review Publishing Company v. Thomas

    153 F. Supp. 486 · District Court, W.D. Pennsylvania · Aug 6, 1957

    Indeed, rather than supporting the proposition for which defendant contends, Brown v. Allen stands for the traditional view so forcefully stated so many times by Mr. Justice Frankfurter and restated by him in Brown v. … Brown v. Allen, 344 U.S. 443, 489-497 , 73 S.Ct. 397, 437-441 , 97 L.Ed. 469 .”

    Cited 25 timesPublished
  • United States v. Union Trust Co. of Pittsburgh

    13 F. Supp. 286 · District Court, W.D. Pennsylvania · Jan 4, 1936

    Mellon to the Board of Tax Appeals to redetermine a deficiency assessed in his income tax for the year 1931. … Blair v. United States, 2S0 U. S. 273, 39 S.Ct. 468 , 63 L.Ed. 979 ; Nelson v. United States, 201 U.S. 92 , 26 S.Ct. 338 , 50 L.Ed. 673 .

    Cited 3 timesPublished
  • United States Metal Co. Employees' Ass'n v. United States

    478 F. Supp. 861 · District Court, W.D. Pennsylvania · Nov 5, 1979

    Other circuits have explicitly questioned the validity of Fay v. Douds. See J. P. Stevens Employees Educational Committee v. National Labor Relations Board, 582 F.2d 326, 329 (4th Cir. 1978); Squillacote v. … Under the Third Circuit’s recent decision in National Labor Relations Board v.

    Cited 2 timesPublished
  • United States ex rel. Lyle v. Maroney

    260 F. Supp. 689 · District Court, W.D. Pennsylvania · Nov 3, 1966

    Rawlings v. Botula et al., D.C., 260 F.Supp. 298 , and the same principles are applicable here. … Kloiber v. Myers, 237 F.Supp. 682 (D.C.Pa.1965); Kunkle v. Claudy, 112 F.Supp. 598 (D.C.Pa.1953); Commonwealth ex rel. Banks v. Cain, 345 Pa. 583 , 28 A.2d 897 , 143 *691 A.L.R. 1473 (1943); Commonwealth ex rel.

    Cited 4 timesPublished
  • Fross v. County of Allegheny

    612 F. Supp. 2d 651 · District Court, W.D. Pennsylvania · Mar 20, 2009

    Salem Twp., 964 A.2d 869 , 876 n. 7 (Pa.2009) (finding a direct conflict between state law and a local ordinance where the ordinance forbade what the state law allowed); Pennsylvania Gaming Control Board v. … Apparently, the Pennsylvania Board of Probation and Parole is still requiring that home plans comply with the ordinance. See Menifee v. McVey, Civil Action No. 09-0104 (W.D.Pa.2009).

    Cited 7 timesPublished
  • ALMANZAR

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

    See Mayle v. … See Harrington v. Richter, 562 U.S. 86, 98 (2011). Because Almanazar points to no impermissible factor allegedly used by the Board such as race, religion, or political beliefs, he states no claim under Block v.

    Cited 0 timesUnknown
  • Bollen v. National Guard Bureau

    449 F. Supp. 343 · District Court, W.D. Pennsylvania · Apr 13, 1978

    See, e. g., Mindes v. Seaman, 453 F.2d 197 (5th Cir. 1971). Under the criteria set forth in Mindes v. Seaman, supra, at 201-02, this case is appropriate for judicial review. … See generally Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 *350 (1972); Perry v. Sindermann, 408 U.S. 593 , 92 S.Ct. 2694 , 33 L.Ed.2d 570 (1972).

    Cited 11 timesPublished
  • BOARD OF TRUSTEES OF THE GREATER PENNSYLVANIA CARPENTERS' MEDICAL PLAN v. CLOUSER

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

    IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA BOARD OF TRUSTEES OF THE ) GREATER PENNSYLVANIA … Anheuser Busch, Inc. v. Philpot, 317 F.3d 1264, 1266 (11th Cir. 2003); see Rainey v. Diamond State Port Corp., 354 F.

    Cited 0 timesUnknown
  • TIERNO

    District Court, W.D. Pennsylvania · Jan 21, 2026

    See e.g., Malik v. Warden Loretto FCI, No. 23-2281, 2024 WL 3649570, at *2 (3d Cir. Aug. 5, 2024) (“Because Malik had been released to prerelease custody, his request for release to such custody was moot.”); Lee v. … Pennsylvania Board of Probation and Parole, 2024 WL 4755397, at *2 (W.D. Pa. Oct. 31, 2024) (“Fitzgerald is no longer incarcerated. He was granted parole in July 2024 and was released to parole in October 2024.

    Cited 0 timesUnknown
  • LENZ v. BERRYHILL

    District Court, W.D. Pennsylvania · May 20, 2020

    The administrative hearing in this case was conducted by ALJ Trina Mengesha-Brown on April 20, 2018, and ALJ Mengesha-Brown issued her decision denying Plaintiff’s claim for benefits on July 3, 2018. … See Schaffer v. Saul, Civ. No. 19-1153, 2020 WL 2526938, at *2 (W.D. Pa. May 18, 2020). Relying primarily on Barna v.

    Cited 0 timesUnknown
  • Fenton v. Stear

    423 F. Supp. 767 · District Court, W.D. Pennsylvania · Nov 29, 1976

    As stated in Wood v. … In Black Coalition v.

    Cited 19 timesPublished
  • Recchion, Westinghouse Elec. Corp. v. Kirby

    637 F. Supp. 1309 · District Court, W.D. Pennsylvania · Apr 18, 1986

    In the event the board decides not to sue, a district court faced with a shareholder derivative suit must decide whether to defer to the board’s judgment not to sue and dismiss the case. Weiss v. … Similarly, a general allegation that the board acquiesced in the complained of conduct does not demonstrate demand futility. Lewis v. Graves, 701 F.2d 245, 248 (2nd Cir.1983); Cramer v.

    Cited 20 timesPublished
  • MANN

    District Court, W.D. Pennsylvania · Dec 23, 2025

    Mann, who is proceeding pro se, is challenging the decision by the Pennsylvania Parole Board (“Board”) to deny him parole. … In the Petition, Mann challenged the Board’s decision denying him parole.

    Cited 0 timesUnknown
  • BOARD OF TRUSTEES OF THE GREATER PENNSYLVANIA CARPENTERS' MEDICAL PLAN v. SCHWARTZMILLER

    District Court, W.D. Pennsylvania · Mar 23, 2020

    See VICI Racing, LLC v. T-Mobile USA, Inc., 763 F.3d 273, 282-83 (3d Cir. 2014) (quoting Travelers Cas. & Sur. Co. v. Ins. Co. of N. … I was on board. I was team Bill. And from that moment on, I - - I was 100% on board with this [reunion].” (Id. at 148).

    Cited 0 timesUnknown
  • United States v. Davison

    1 F.2d 465 · District Court, W.D. Pennsylvania · Oct 1, 1924

    Lynch v. Turrish, 247 U S. 221; Southern Pacific Co. v. Lowe, 247 U. S. 330 ; Gulf Oil Corporation v. Lewellyn, 248 U. S. 71 .” This has been the rule from the time of the decision in Bailey v. Railroad, 106 U. … S. v.

    Cited 10 timesPublished
  • Alex v. Allen

    409 F. Supp. 379 · District Court, W.D. Pennsylvania · Feb 17, 1976

    In Ginsberg v. … See English v. North East Board of Education, 385 F.Supp. 1174 (W.D.Pa.1974). Of course, this presents a possibility for abuse and prejudice.

    Cited 6 timesPublished
  • McCracken v. Pennsylvania Railroad

    135 F. Supp. 660 · District Court, W.D. Pennsylvania · Nov 15, 1955

    Judge Learned Hand clearly set forth the limitations on the power of a Court in Alemite Manufacturing Corp. v. … Reynolds v. Denver & Rio Grande Western R. Co., 10 Cir., 1949, 174 F.2d 673 ; Berryman v. Pullman Co., D.C.W.D.Mo.1942, 48 F.Supp. 542, 543 . The award in the within case contained no money award.

    Cited 1 timesPublished
  • Miller Tabak Hirsch & Co. v. Penn Traffic Co.

    643 F. Supp. 1297 · District Court, W.D. Pennsylvania · Aug 22, 1986

    Auth. v. Township of Aston, 413 Pa. 526 , 198 A.2d 867, 873 (1964); Commonwealth v. Cartwright, 350 Pa. 638 , 40 A.2d 30, 33 (1944). … Masland v. Bachman, 473 Pa. 280 , 374 A.2d 517 (1977); Sekel v. Iagenemma, 170 Pa.Super. 621 , 90 A.2d 587 (1952).

    Cited 2 timesPublished
  • Roseman v. Hassler

    382 F. Supp. 1328 · District Court, W.D. Pennsylvania · Sep 24, 1974

    He therefore held that plaintiff was not entitled to a due process hearing under Board of Regents v. Roth, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972); and Perry v. … Again, in Simard v. Board of Education, 473 F.2d 988 (2d Cir. 1973), a nontenured teacher brought an action when the Board failed to renew his one-year contract.

    Cited 19 timesPublished

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