Case law

AKOL v. CARNEY

District Court, W.D. Pennsylvania · Jul 7, 2020

She has submitted documents, which she claims “clearly underline [her] location and absence to the defendants [sic] jurisdiction.” Id. … The fact that Plaintiff may have been convicted of a summary offense or misdemeanor in absentia does not establish, based on the present averments, that the magisterial district court lacked jurisdiction to render its ruling

WILLIAMS v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, W.D. Pennsylvania · Apr 20, 2022

However, a “trial court should exclude evidence on a motion in limine only when the evidence is clearly inadmissible on all potential grounds.” Johnstown Heart & Vascular Ctr., Inc. v. … Williams responds that punitive damages may be available because intentional discriminatory conduct may establish both an ADA and RA claim and is required to support punitive damages. ECF No. 111 at 6.

Constant v. Pennsylvania Department of Corrections

912 F. Supp. 2d 279 · District Court, W.D. Pennsylvania · Dec 14, 2012

“Clearly established Federal law” should be determined as of the date of the relevant state court decision and is limited to the record that was before the state court that'''adjudicated the claim on the merits. … Although petitioner briefed and argued Waller and Press-Enterprise I to Superior Court as controlling, “clearly established Federal law,” the state courts disregarded that precedent.

GEISLER v. SMALL BUSINESS ADMINISTRATION

District Court, W.D. Pennsylvania · Apr 4, 2022

And, “a waiver of sovereign immunity is to be strictly construed, in terms of its scope, in favor of the sovereign.” Id. at 261 (citing Lane v. Pena, 518 U.S. 187, 192 (1996)). Mr. … Geisler would clearly require the Court to issue an order interfering with the internal workings of the SBA—by, for example, requiring the SBA to establish a “dedicated loan officer with a contact number who can answer

JACKSON v. O'BRIEN

District Court, W.D. Pennsylvania · Sep 24, 2020

Brown maintains that such claims are barred by the doctrine of sovereign immunity. In general, employees of the Commonwealth of Pennsylvania acting within the scope of their duties enjoy sovereign immunity. … The doctrine of sovereign immunity provides state officials with broad immunity from most state-law tort claims, “except as the General Assembly shall specifically waive the immunity.” 1 Pa. C.S. § 2310.

Wecht v. Marsteller

363 F. Supp. 1183 · District Court, W.D. Pennsylvania · Sep 20, 1973

Marsteller, 1 an employed full-time Police Officer of the Traffic Division of the Police Department of the City of Pittsburgh, from continuing alleged deprivations, occurring under color of state law, of rights, privileges and immunities … The record in this case establishes that the particular officer involved has been guilty of such violations and with such frequency that they cannot be dismissed as simply isolated instances of intemperance; nor is it apparent

McVicker v. King

266 F.R.D. 92 · District Court, W.D. Pennsylvania · Mar 3, 2010

Civil Liberties Union, 521 U.S. 844, 870 , 117 S.Ct. 2329 , 138 L.Ed.2d 874 (1997) (finding that Supreme Court precedent “provide[s] no basis for qualifying the level of First Amendment scrutiny that should be applied to … The Privacy Policy clearly reflects that Trib Total Media will disclose its users personally identifiable information only in very limited situations.

HARVARD v. CESNALIS

District Court, W.D. Pennsylvania · Dec 4, 2019

The court in Geness explained that even if a reckless investigation claim was cognizable, the officers would be entitled to qualified immunity because no such constitutional right was “clearly established” at … The right to be free from reckless investigation under the circumstances of this case was not, therefore, clearly established.

Barcelona v. Fox Grocery Co. Employees' Pension Plan

483 F. Supp. 1128 · District Court, W.D. Pennsylvania · Jan 2, 1980

This is clearly substantiated by all of the *1134 documentary evidence reflecting the past acts of the parties.” … Barcelona’s affidavit attempted to rely on documentary evidence to establish that he was not terminated, but offered nothing as to what was said or understood at the time the leave of absence agreement was drafted and executed

Whitfield v. Chartiers Valley School District

707 F. Supp. 2d 561 · District Court, W.D. Pennsylvania · Apr 15, 2010

It resolved both of these inquiries in Reilly’s favor in denying the defendants’ motion for summary judgement based in part on the doctrine of qualified immunity. Id. at 223 . … Soldenwagner, 19 F.3d 573, 577-78 (11th Cir.1994) (police officers imposing discipline on officer that gave deposition testimony in a vulgar, insulting and unprofessional manner were entitled to qualified immunity in light

MANLEY v. WETZEL

District Court, W.D. Pennsylvania · Jul 24, 2025

by the Constitution when establishing the judicial power of the United States.” … And as explained above, case law clearly rejects the notion that state officials acting in their official capacity are subject to liability under § 1983. See also Best v.

Sabbrese v. Lowe's Home Centers, Inc.

320 F. Supp. 2d 311 · District Court, W.D. Pennsylvania · Feb 25, 2010

Timing, however, in conjunction with other types of suggestive evidence, is clearly sufficient to demonstrate the causal link. Farrell v. Planters Lifesavers Co., 206 F.3d 271, 280-81 (3d Cir.2000). … Sections 12112 and 12112(b)(5) deal with an employer’s failure to make reasonable accommodations to a qualified employee with a disability, while section 12203 — not listed in section 1981a(a)(2) — establishes retaliation

H. J. Heinz Co. v. Granger

147 F. Supp. 664 · District Court, W.D. Pennsylvania · Nov 20, 1956

Moreover, the sale of a product previously sold to and thereafter purchased from a Government procurement agency did not qualify as an eligible sale. 9. … Compliance with Executive Order 9301 establishing a minimum work week of forty-eight hours; b.

MYERS v. FAYETTE COUNTY

District Court, W.D. Pennsylvania · Oct 13, 2020

immunity because the right she identified was not clearly established. … The cases on which he relies involve plaintiffs who engaged in speech, a clearly recognized protected activity for purposes of the First Amendment.

Nationwide Contractor Audit Service, Inc. v. National Compliance Management Services, Inc.

622 F. Supp. 2d 276 · District Court, W.D. Pennsylvania · Jun 10, 2008

by the regulations, i.e., that it is a “qualified” Contractor. … There is no list of pre-qualified Contractors.

NEWTON v. PENNSYLVANIA STATE POLICE

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

Under these circumstances, the evidence viewed in the light most favorable to Newton as the verdict winner establishes that Newton was “otherwise qualified” for his position because he could perform his job with or without … ” as a “Trooper assigned to the position of Procurement and Supply Officer,” Newton must also establish that he was “otherwise qualified” as a Trooper.

In Re Bankruptcy Appeal of Allegheny Health, Education & Research Foundation

252 B.R. 309 · District Court, W.D. Pennsylvania · Feb 1, 1999

The Commonwealth believed it could offer evidence to establish such endowment shortfalls, and intended to do so in Orphans’ Court. R. 199a. … In order to obtain a stay pending appeal under Bankruptcy Rule 8005, a movant must establish the elements necessary to obtain a preliminary injunction: (1) a strong likelihood of success on the merits of the appeal; (2) the

Rupinsky v. Miller Brewing Co.

627 F. Supp. 1181 · District Court, W.D. Pennsylvania · Jan 16, 1986

Clearly, Sides is in line with the developing case law in other jurisdictions which recognizes a public policy exception to the at-will rule when a clearly defined and well-established public policy is threatened by the defendant … However, the Court of Appeals of North Carolina recently qualified its decision in Sides. See Walker v. Westinghouse Electric Corp., 77 N.C.App. 253 , 335 S.E.2d 79 (1985).

ACE Capital Ltd. v. Morgan Waldon Insurance Management, LLC

832 F. Supp. 2d 554 · District Court, W.D. Pennsylvania · Nov 28, 2011

They also note that, regardless of whether all Defendants qualify as “Insureds” under the Policy, there is no question that MWIM and its principals do qualify and that the Insurer has not incurred any additional costs in … “The burden is on the insured to establish coverage under an insurance policy....

Equal Employment Opportunity Commission v. North Hills Passavant Hospital

466 F. Supp. 783 · District Court, W.D. Pennsylvania · Feb 26, 1979

It was the first Protestant hospital established in America. … The Court there found that a prima facie case of illegal discrimination is established by a showing: “(i) that [an individual] belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer