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.

11/03/2005

  • 1:05-CV-2135 ASIAN-AMERICAN LICENSED BEVERAGE ASSOC., et al., v. COMMONWEALTH OF PENNSYLVANIA, et al.,
    File:

    The City of Philadelphia is host to approximately 2400 businesses that are licensed by the Pennsylvania Liquor Control Board (“LCB”). Among these are licensed restaurants and eating establishments with “R” and “E” licenses that entitle their holders to sell beer and malt beverages for consumption off the licensed premises. In the parlance of liquor licensing, these establishments are known as “stop and go’s.” Among the operators of “stop and go’s” in Philadelphia are the approximately 400 members of the Asian-American Licensed Beverage Association (“AALBA”). The AALBA, along with six individual Asian-American owned businesses in Philadelphia, bring this action to enjoin the implementation of legislative changes to licensing laws that impact their businesses. Defendants are the Commonwealth of Pennsylvania, the Pennsylvania Liquor Control Board (“LCB”), and the three current board members of the LCB. The City of Philadelphia has intervened as a Defendant.

10/04/2005

  • 3:04-0292 IMBERGAMO v. CASTALDI, et al.
    File:

    The plaintiff initiated the instant civil rights action pursuant to 42 U.S.C. § 1983 on February 9, 2004, in which he named only the State Police Defendants. (Doc. No. 1). By order dated October 6, 2004, the plaintiff was permitted to file an amended complaint adding defendants Tafton Fire Company, Inc. and Carrick1. (Doc. Nos. 16 & 17). On October 21, 2004, the State Police Defendants filed an answer to the plaintiff’s amended complaint.

09/08/2005

  • 3:CR-04-210-01 USA v. Ostrander
    File:

    The Defendant was charged in June of 2004 by way of a Superseding Indictment with two counts of criminal conduct, one of conspiracy to manufacture methamphetamine, and a second count of selling and distributing methamphetamine. (See Doc. 12).

    The Defendant has been in prison since June of 2004.

    The Defendant has had Attorney Patrick Rogan and Attorney David E. Butler representing him at different times but he had some disagreements with them and at this point argues they did not properly interview him or question him and he was unsatisfied with their representation.

07/27/2005

  • 3:04-CV-622 SERVICE ELECTRIC CABLEVISION, INC. v. CITY OF HAZLETON
    File:

    Presently before the Court is Plaintiff Service Electric's Motion For Summary Judgment and Permanent Injunction. (Doc. 38.1.) Plaintiff's motion will be granted in part and denied in part. The motion will be granted insofar as Plaintiff seeks a declaration that the exclusive franchise right to operate a cable television system within the municipal boundaries of Defendant City of Hazleton, currently held by Plaintiff, remains valid. The motion will also be granted insofar as Plaintiff seeks a permanent injunction preventing Defendant from implementing any franchise that is inconsistent with the exclusivity of the franchise currently held by Plaintiff. The motion will be denied in all other respects. The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1332 and 28 U.S.C. § 1367(a).

07/05/2005

  • 1:05-CR-135 USA v. WHITE
    File:

    Granville White has appealed from a judgment of conviction imposed by Magistrate Judge J. Andrew Smyser under the Assimilative Crimes Act, 18 U.S.C. § 13. On August 11, 2004, White was arrested at the New Cumberland Army Depot (“Army Depot”) for driving a motor vehicle while his license was suspended due to a conviction for driving under the influence of alcohol. Judge Smyser imposed a sentence of 75 days imprisonment, but White has remained on bond pending a determination of his appeal.

    White makes only one argument in support of his appeal: that the government presented insufficient evidence to establish an essential element of the offense charged, namely, that he was driving his motor vehicle on a “highway” or “trafficway” at the time he was stopped at the Army Depot.

06/22/2005

  • 3:CV-03-1803 FLOOD, et al. v. MAKOWSKI, et al. (3)
    File:

    Motion of Third-Party Merrill Lynch Defendants to Dismiss Counts IV, V, and VI of Third-Party Complaint.

06/16/2005

  • 3:04-CV-0670 FOLEY v. BARNHART, Commissioner of the Social Security Administration
    File:

    Here we consider Magistrate Judge Malachy E. Mannion’s Report and Recommendation in which he recommends we deny Plaintiff’s appeal of Defendant’s denial of her application for Disability Insurance Benefits (“DIB”). (Doc. 13.) Plaintiff has filed objections to the Report and Recommendation, (Doc. 14), and , Defendant responded to Plaintiff’s objections, (Doc. 15).
    Therefore, this matter is ripe for disposition. Because Plaintiff filed objections, we will make a de novo determination regarding the matters to which Plaintiff has objected. See 28 U.S.C. § 636(b)(1)(C). After a thorough examination of the record, we conclude that this matter must be remanded to the Commissioner for further consideration.

04/06/2005

  • 3:CV-03-1803 FLOOD, et al. v. MAKOWSKI, et al. (2)
    File:

    Presently before the Court are two motions to treat counterclaims as affirmative defenses, one filed by Stephen Flood and The Luzerne County Retirement Board (hereinafter the Board) (Doc. 256.1) and the other filed by the Luzerne County Retirement Fund1 (hereinafter the Fund) (Doc. 259.1). I will grant the portion of the motion requesting dismissal of the counterclaim against Stephen Flood for intentional interference with contract2 because all of the alleged actions by Mr. Flood were while he was acting as an agent of a party to the contract. I will deny the remainder of the motions -because indemnity and contribution are properly classified as counterclaims.

03/28/2005

  • 4:03-0676 BARRA v. WHITE ASH LAND ASSOCIATION
    File:

    On April 25, 2003, the plaintiffs initiated the instant action in which they seek a declaratory judgment to order the defendant to: (1) allow them to backfill mine pits on a certain tract of land known as the “Bliss tract” located in Cherry Township, Sullivan County, Pennsylvania, with fly-ash material; and (2) grant its consent to the Pennsylvania Department of Environmental Protection, (“DEP”), Bureau of Mining and Reclamation, for this procedure.

03/21/2005

  • 3:04-CV-1253 LUCACIU v. LOWE’S HOME CENTERS, INC.
    File:

    Presently before the Court is Defendant’s Motion for Summary Judgment. (Doc. 17.) I will deny Defendant’s motion because the hills and ridges doctrine does not apply and there are genuine issues of material fact whether Defendant was negligent in its maintenance of the loading dock area. The Court has jurisdiction pursuant to 28 U.S.C. § 1332.

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