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.
3:09-CV-2284File:In this case we are invited to take a step which no court in the United States has chosen to take, and declare hydraulic fracturing to be an ultra-hazardous activity that gives rise to strict tort liability. This lawsuit was initiated on November 19, 2009, by a group of 44 plaintiffs who collectively filed suit to recover damages for injuries and property damage allegedly suffered as the result of the defendants’ natural gas drilling operations in Dimock Township, Susquehanna County, Pennsylvania. Subsequent to this case being filed, a number of the plaintiffs reached settlement agreements with the defendants, and at this juncture only 12 plaintiffs remain in the case.
4:10-v-02539 Allegheny Enterprises, Inc. v. J-W Operation Co.File:This case was removed to this Court on December 15, 2010. The Court’s basis for jurisdiction is the parties’s diverse citizenship. Pennsylvania law applies.On August 17, 2012, plaintiff Allegheny Enterprises, Inc. (hereinafter, “Allegheny”) filed an amended complaint seeking declaratory judgment (counts I & II), and asserting claims of conversion (count III), intentional interference with contractual relations (count IV), and interference with coal interests (count V) against defendant J-W Operating Company (hereinafter, “J-W Operating”).1 (Am. Compl., Aug. 17, 2012, ECF No. 53 (hereinafter, “Am. Compl.”)). Allegheny’s claims all substantially rest on its assertion that it owns “the coal, shallow gas and oil and the related rights” under lands that Allegheny refers to as the “Pardee Tract” and the “Jones/McConaghay Properties,” while J-W Operating owns the “deep gas and related rights” under the same lands, having acquired such rights by assignment from Allegheny. (Am. Compl. ¶¶ 11, 17). Allegheny contends that, by the terms of a series of agreements with J-W Operating, its coal and shallow gas and oil rights are superior to the deep gas rights it assigned to J-W Operating (Id. ¶¶ 36, 42), and that J-W Operating has infringed (and threatens to further infringe) upon Allegheny’s rights by drilling ahead of Allegheny.
1:12-cv-2577 Lerner, et al. v. Corbett, et al.File:This matter concerns whether a Pennsylvania constitutional provision, requiring that all justices, judges, and justices of the peace be retired in the year that they turn 70, violates 1 the Equal Protection and Due Process Clauses of the Fourteenth Amendment of the United States Constitution. Plaintiffs are Pennsylvania state court judges who will be required to retire before the completion of their respective elected terms due to the passage of their 70th birthdays.
4:12-cv-01313 AVCO Corp. v. Precision Airmotive LLC, et al.File:Plaintiff AVCO Corp. (hereinafter, “AVCO”) commenced this action by filing a complaint on July 6, 2012, asserting various claims against defendant Precision Airmotive LLC (hereinafter, “Precision”) – defamation (count I), product disparagement (count II), tortious interference with contractual relations (count III) – and seeking declaratory relief and the cancellation of several trademarks.
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.
4:12-cv-0043 Isbell v. Geisinger Medical Center, et al.File: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).
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]."
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.
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.
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.