Case law

Corso v. Walker

449 B.R. 838 · District Court, W.D. Pennsylvania · May 20, 2011

This Court reviews a Bankruptcy Court’s findings of fact under a “clearly erroneous” standard. … “The creditor opposing discharge therefore has the burden of establishing that an obligation is not dischargeable,” id. (citing Grogan v.

GENESS v. COUNTY OF FAYETTE

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

Geness, which established the criteria Mr. … Geness established “he is a qualified individual with a disability, who was precluded from participating in a program, service, or activity, or otherwise was subject to discrimination, by reason of his disability.”208 But

Jordan v. Federal Express Corp.

914 F. Supp. 1180 · District Court, W.D. Pennsylvania · Jan 18, 1996

The Court must view the facts in a light most favorable to the non-moving party and the burden of establishing that no genuine issue of material fact exists rests with the movant. … Jordan with an Alternative Basis for Relief’), his claims clearly are not based on the terms of his retirement plans which, just as clearly, preclude the revocation of election or designation of another joint annuitants he

Jamison v. Kline

319 F. Supp. 951 · District Court, W.D. Pennsylvania · Nov 20, 1970

At the time of the impact, the defendant’s automobile was occupying the center lane and, while the testimony did not clearly establish the location of the plaintiff’s car, seemingly most of it was in its proper right-hand … On cross-examination, without any preliminary qualifying inquiry, the following questions and answers ensued: (Tr. p. 29) “Q. Now, you said there was 117 feet of skid marks.

Murray v. Pittsburgh Board of Education

759 F. Supp. 1178 · District Court, W.D. Pennsylvania · Mar 6, 1991

. —, 110 S.Ct. 840 , 107 L.Ed.2d 835 (1990) (denying qualified immunity to school principal and assistant principal who allegedly failed to make adequate inquiry into sexual abuse of student by teacher). … Plaintiff refers to "Defendant's” plan without clearly specifying which defendant she means. Because the paragraph begins with an attack on Ms.

Stevens v. Beard

701 F. Supp. 2d 671 · District Court, W.D. Pennsylvania · Mar 29, 2010

Moreover, the record establishes that those individuals summoned by the Sheriff were qualified pursuant to the statute to serve as jurors. … numerous occasions that it is not 'an unreasonable application of clearly established Federal law for a state court to decline to apply a specific legal rule that has not been squarely established by this Court.' ”) (citations

BUCHANAN v. BRYNER

District Court, W.D. Pennsylvania · Oct 28, 2024

of the complaint at SCI Greensburg with a lieutenant who was not the named defendant and was not his agent was improper).7 Buchanan asserts that Bryner clearly … Bryner asserts defenses that include sovereign immunity, the statute of limitations, qualified immunity, and superseding, intervening and independent causes for Buchanan’s damages and injuries.

Phillips v. Pennsylvania Higher Education Assistance Agency

497 F. Supp. 712 · District Court, W.D. Pennsylvania · May 28, 1980

This standard establishes 40% of the median income of Pennsylvania citizens as the outer boundary. … Any individual with less than 40% of the median income of Pennsylvania citizens would qualify as a low income individual.

Ellis v. EDWARD D, JONES & CO., LP

527 F. Supp. 2d 439 · District Court, W.D. Pennsylvania · Dec 18, 2007

established under this chapter or a maximum workweek lower than the maximum workweek established under this chapter....” 29 U.S.C. § 218 (a). … These are clearly substantive rights.

Miller v. Indiana Hospital

814 F. Supp. 1254 · District Court, W.D. Pennsylvania · Mar 9, 1992

The Committee also found that plaintiff acted improperly in failing to request a medical consultation concerning White “under circumstances which should have clearly indicated to Dr. … Gots would not be qualified to so testify since this is not an area of expertise of Dr. Gots. Id. 5 . Plaintiff did submit a report by Dr. Ronald E.

Siano v. United States

948 F. Supp. 479 · District Court, W.D. Pennsylvania · Sep 12, 1996

First, for the reasons set forth above, the plaintiffs are clearly not prevailing parties in *487 this matter. … . § 72 (t)(l), because such distributions clearly fall within one of the six listed exceptions in 26 U.S.C. § 72 (t)(2).

TYSON

District Court, W.D. Pennsylvania · Jan 15, 2026

immunity grounds pursuant to 29 U.S.C … These scattered District Court opinions are insufficient to clearly establish a right. James, 957 F.3d at 170-73; see also Burns, 890 F.3d at 94-95.

United States v. Gulf Oil Corp.

408 F. Supp. 450 · District Court, W.D. Pennsylvania · Dec 29, 1975

If the Government has any evidence contradictory of that presented in the four corners of the reports in question, it would merely have to produce affidavits from a qualified witness to that effect. … This Court is of the opinion that the report provision noted above does not clearly spell out that the penalty is cumulative.

Thompson v. AT&T CORP.

371 F. Supp. 2d 661 · District Court, W.D. Pennsylvania · Mar 17, 2005

Finally, three elements are needed to establish a prima facie claim under the ADA: “ ‘(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential functions of the job, … Defendant argues that based upon the evidence of record, the Plaintiff clearly was not “a qualified individual with a disability” after July 24, 1999 as he indicated that he could no longer work at his job, or more specifically

Lasko v. Leechburg Police Department

63 F. Supp. 3d 522 · District Court, W.D. Pennsylvania · Oct 29, 2014

In other words, even though the claims against Officer Bennis were dismissed on qualified immunity grounds, his alleged violation of the Plaintiffs Fourth and Fourteenth Amendment rights proceeded out of a failure to train … So what kinds of omissions qualify? In. Wilson v.

Lewis v. Pennsylvania

609 F. Supp. 2d 409 · District Court, W.D. Pennsylvania · Mar 24, 2009

To state a prima facie case, a plaintiff must establish the following: (1) he has a disability; (2) he is otherwise qualified to perform the essential functions of the job, with or without reasonable accommodations by the … The above definition “clearly precludes impairments that interfere in only a minor way with performance of a major life activity from qualifying as disabilities.”

Marconi v. Moon Area School District

104 F. Supp. 3d 686 · District Court, W.D. Pennsylvania · May 8, 2015

To establish a prima facie case of age discrimination based on a failure to hire, a plaintiff must show that: (1) she is forty years of age or older; “(2) the defendant failed to hire [her]; (3) [she] was qualified for the … Specifically, the parties clearly dispute whether Moon posted this position on PA Educator and if Marconi applied via that system but the District advised the EEOC on August 10, 2012 that in addition to the PA Educator system

S.K. v. North Allegheny School District

168 F. Supp. 3d 786 · District Court, W.D. Pennsylvania · Mar 2, 2016

To constitute deliberate indifference, the recipient’s response to the harassment must be “clearly unreasonable in light of the known circumstances.” Davis, 526 U.S. at 648 , 119 S.Ct. 1661 . … Healthy claim and is thereby relevant to any disposition of that claim, notwithstanding the doctrine of qualified immunity.”).

DiCioccio v. Duquesne Light Company

911 F. Supp. 880 · District Court, W.D. Pennsylvania · Jun 29, 1995

They are items which are very clearly income as far as the IRS is concerned, yet which just as clearly would artificially inflate a person’s pension in a grossly unfair manner. … The SPD likewise clearly indicated that the type of compensation under consideration would be included in the calculation of pension benefits.

Fort Wayne Corrugated Paper Co. v. Anchor Hocking Glass Corp.

31 F. Supp. 403 · District Court, W.D. Pennsylvania · Jan 24, 1940

S. 449 , 27 S.Ct. 150 , 51 L.Ed. 264 , and qualifying In re Moore, 209 U.S. 490 , 28 S.Ct. 585, 706 , 52 L.Ed. 904 , 14 Ann.Cas. 1164. All the parties may be non-residents of the district where suit is brought. Lee v. … Whether such surrender of a personal immunity be conceived negatively as a waiver or positively as a consent to be sued, is merely an expression of literary preference.