Opinions

The Middle District of Pennsylvania offers a database of opinions for the years 1999 to 2012, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

08/29/2013

  • 4:12-cv-00777 Gallagher v. East Buffalo Twp.
    File:
    On April 25, 2012, plaintiff Violet Gallagher (hereinafter, “Gallagher”) filed a complaint against defendant East Buffalo Township (hereinafter, the “Township”) seeking relief for alleged violations of the federal Clean Water Act, 33 U.S.C. § 1251, et seq., Pennsylvania’s Clean Streams Law, 35 P.S. § 691.1, et seq., and Pennsylvania’s Stormwater Management Act, 32 P.S. § 680.1, et seq., as well as for common law nuisance and trespass.

08/27/2013

  • 4:12-cv-0043 Isbell v. Geisinger Medical Center, et al.
    Plaintiffs Amir Isbell (“Mr. Isbell”) and Plaintiff Bergina Brickhouse-Isbell, M.D. (“Mrs. Isbell”) are husband and wife and are the natural parents of minor Plaintiff A.I. (“A.I.”), born in 2009. Mrs. Isbell is also the natural parent of minor Plaintiff J.B. (“J.B.”), born in 2002. (Doc. 55, ¶ 1). At all times relevant to this case, Defendants Rachel Wade and Julie Spencer were employed as caseworkers with Montour County Children & Youth Services (“CYS”), an agency of Defendant Montour County (the “County”) and Defendant Craig Patterson was employed as the Executive Director for CYS. (Id. ¶¶ 5, 7-8).
     
    On January 7, 2010, Mrs. Isbell brought A.I. to Geisinger Medical Center for what she perceived as increasing somnolence and dehydration. (Id. ¶ 9). After an examination, the doctors diagnosed A.I. with several rib fractures and head trauma; concerned that the trauma was non-accidental, medical center staff filed a report of suspected child abuse with CYS in the early morning hours of January 8, 2010. (Doc. 55, ¶ 12; doc. 59, ¶¶ 6-7). The report noted that “the child is in serious & critical condition due to concern for non-accidental trauma.” (Doc. 59, ¶ 7). Defendant Rachel Wade, a caseworker then employed by CYS, was on call and received the report from Childline. (Id. ¶ 8-10; doc. 55, ¶ 12).

08/13/2013

  • 4:11-cv-00816 Roe v. Chief Exploration and Development LLC, et al.
    File:
    In 2005, the plaintiffs, property owners in Sullivan County, Pennsylvania, became lessors pursuant to oil-and-gas leases with counterparty-lessee Chief. (Def.’s Facts, May 4, 2012 ¶¶ 1-4). The Roe plaintiffs’s lease with Chief commenced October 28, 2005; both of the Beinlich plaintiffs’s leases commenced days earlier on October 25, 2005. (Id. ¶¶ 2-4). The leases provide Chief exclusive rights to “all the oil, gas, and coalbed methane and their constituents . . . underlying the [land leased by the plaintiffs], together with such exclusive rights as may be necessary or convenient for [Chief] . . . to explore for, develop, produce, measure, and market production from [the land leased by plaintiffs]."

05/29/2013

  • 4:12-CV-0718 Deitz v. Budget Renovations & Roofing, Inc.
    File:

     

    Plaintiffs, who are proceeding pro se in this collective action for unpaid wages under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., and the Pennsylvania Minimum Wage Act (“PMWA”), 43 P.S. §§ 333.101, et seq, commenced this litigation on April 17, 2012. Compl., ECF No. 1. The parties seek court approval of a proposed settlement agreement.

05/01/2013

  • 4:12-CV-0533 Reiffer v. Westport Insurance Corp.
    File:

    On March 1, 2012, plaintiff, Rox-Ann Reifer (hereinafter “Reifer”), as assignee of Donald Russo, Esquire, filed a complaint in the Court of Common Pleas of Lackawanna County, Pennsylvania. On March 23, 2012, defendant, Westport Insurance Corporation (hereinafter “Westport”) removed the case to the District Court for the Middle District of Pennsylvania.

04/15/2013

  • 1:12-cv-019 Mohl v. County of Lebanon, et al.
    File:

    Pending before the Court in this employment discrimination action is the Defendants’ Motion for Judgment on the Pleadings.  The Motion has been fully briefed and is ripe for our review. For the reasons that follow, we will grant the said Motion, as more fully articulated herein, and dismiss Plaintiff’s Amended Complaint with prejudice.

04/05/2013

  • 1:13v605 Commonwealth of Pennsylvania v. McGraw-Hill, et al.
    File:

    This action is one of seventeen initiated by the Attorneys General of several states and the District of Columbia against defendants McGraw-Hill Companies, Inc. (“McGraw Hill”), and Standard & Poor’s Financial Services, LLC (“S&P”) (collectively, “Defendants”) for alleged violations of state consumer protection and unfair trade practices laws.

01/30/2013

  • 3:12-cv-898 Roth v. Cabot Oil & Gas Corp., Gassearch Drilling Corp.
    File:

    Plaintiffs Frederick J. and Debra A. Roth commenced the above-captioned action against Defendants Cabot Oil & Gas Corporation and GasSearch Drilling Corporation by filing a Complaint in the Court of Common Pleas of Susquehanna County, Pennsylvania, where it was docketed at 2012-324CP. (See Doc. 1, Ex. A). The Defendants removed the action to this Court by filing a Notice of Removal (doc. 1) on May 14, 2012. The Defendants responded with a Motion to Strike (doc. 13) and Motion to Dismiss (doc. 15) on June 25, 2012, both of which were filed contemporaneously with supporting briefs. Thereafter, on July 20, 2012, the Defendants file a Motion for a Lone Pine Order (doc. 33) and supporting papers. Therein, the Defendants asserted that the nature of this case, in particular the complex factual predicate and the potential for expensive and time-consuming discovery, warrants a modified case management track requiring the Plaintiffs to make a prima facie showing of exposure, injury, and causation before proceeding to discovery.

01/16/2013

  • 3:10cv600 Stanley P. Laskowski, III and Marisol Laskowski v. United States of America
    File:

    Plaintiffs Stanley and Marisol Laskowski initiated this action against the United States of America Department of Veterans Affairs for damages pursuant to the Federal Torts Claims Act, 28 U.S.C. § 2671, et seq. The plaintiffs allege medical malpractice against the medical professionals and administrative staff at the Wilkes-Barre Veterans Affairs Medical Center (“WBVAMC”) located in Wilkes-Barre, Pennsylvania. Plaintiffs assert that the United States of America Department of Veteran Affairs committed professional negligence in treating Plaintiff Stanley Laskowski for post traumatic stress disorder (hereinafter “PTSD”) at the WBVAMC. Plaintiff Marisol Laskowski, Stanley Laskowski’s wife, has asserted a claim for loss of consortium

01/09/2013

  • 1:12v121 Williams, et al. v. Governor Thomas W. Corbett, et al.
    File:

    Presently pending before the Court is the Motion to Dismiss (doc. 6) filed by Defendant Governor Thomas W. Corbett and Defendant William B. Lynch (collectively, “Defendants”). The Motion has been fully briefed by the parties (docs. 7, 15, 22) and the Court has accepted and considered the amicus curiae submission by Dauphin County. For the reasons fully articulated and set forth herein, the Court will grant the Motion and dismiss the Plaintiffs’ Complaint in its entirety.

Pages