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.

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.

02/10/2005

  • 1:CR-02-146-02 USA v. BROWN
    File:

    Before the court is Defendant’s Motion for Bail Pending Appeal (Doc. 772). In the motion, Defendant offers five issues that he asserts justify his release from incarceration during appeal under 18 U.S.C. § 3143(b)(1). The court recently granted Defendant’s motion in part. (See Doc. 784.) Specifically, the court concluded that its decision to rule the United States Sentencing Guidelines (the “Guidelines”) unconstitutional as applied to this case in light of Blakely v. Washington, 124 S. Ct. 2531 (2004) presented a substantial question of law that could have resulted in a significant modification of Defendant’s sentence. The court stayed Defendant’s sentence until the Supreme Court issued its anticipated decision regarding Blakely’s impact on the Guidelines and deferred ruling on the remaining four issues in Defendant’s motion.

01/27/2005

  • 1:CV-04-2677 HIGH RIVER LIMITED PARTNERSHIP v. MYLAN LABORATORIES, INC., et al.
    File:

    Before the court is Defendants Richard C. Perry and Perry Corp.’s (the “Perry Defendants”) Motion to Transfer Venue (Doc. 8). The Perry Defendants request the court to transfer this action under 28 U.S.C. § 1404(a) to the United States District Court for the Southern District of New York or, in the alternative, to the Western District of Pennsylvania. As explained more fully below, the court finds that this action could have been brought in the Southern District of New York and that the balance of factors strongly favors transferring the case to that forum. Thus, the Perry Defendants’ motion will be granted.

11/30/2004

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

    The present action focuses on the events leading up to and surrounding the investment contracts made by the Luzerne County Retirement Board and Board members during the period of 1988 and 2002. Plaintiffs allege that various Board members engaged in a pay-to-play scheme in which contracts to invest or manage pension plan assets were awarded in exchange for campaign contributions to various Board members’ reelection campaigns.

10/29/2004

  • 1:04-CV-2360 REITZ and SCHRAMM v. RENDELL, et al.
    File:

    The subject of the November 2, 2004 Presidential Election has been before this Court since April of this year when the United States Attorney General sought and obtained injunctive relief under the Uniformed and Overseas Citizens Absentee Voting Act of 1986, 42 U.S.C. §§ 1973ff-1 et seq. (“UOCAVA”), to protect the right of overseas and military voters to participate in primary elections. In connection with United States of America v. Commonwealth of Pennsylvania, et al., (Civil Action No. 1:04-CV-830), the Commonwealth of Pennsylvania has reported to the United States Attorney General regarding the Commonwealth’s compliance with election laws as they affect overseas and military voters, including providing information concerning the mailing of absentee ballots

10/20/2004

  • 1:CV-04-830 USA v. THE COMMONWEALTH OF PENNSYLVANIA, et al.
    File:

    In connection with the November 2, 2004 General Election, Pennsylvania’s sixty-seven counties have issued a total of 26,739 absentee ballots to overseas and military voters. The first of these was dispatched to voters in remote locations on August 24, 2004. These ballots included the names of Ralph Nader as a candidate for President and Peter Miguel Camejo, a candidate for Vice President. Thereafter, the sufficiency of Messrs. Nader and Camejo’s nomination paper was the subject of a legal challenge in the Commonwealth and Supreme Courts of Pennsylvania. As the challenge was heard on appeal and remand, Nader and Camejo were ordered off the ballot, then on the ballot, and then off the ballot again.

     
    The 2004 Pennsylvania General Election Ballot was first certified by the Secretary of the Commonwealth pursuant to state law on September 17, 2004. At that time, consistent with the court order then in effect, the Secretary’s Ballot Certification excluded the names of Nader and Camejo. Counties issued absentee ballots reflecting the amended certified list of candidates without Messrs. Nader and Camejo listed as candidates. On September 21, 2004, the Secretary amended the Certification to add Nader and Camejo to the ballot. On October 13, 2004, pursuant to court order, Nader and Camejo were again removed from the Secretary’s list of certified candidates.

10/19/2004

  • 3:02-CV-1499 KRIPPLEBAUER v. CELOTEX CORP., et al.
    File:

    We consider in this Memorandum Plaintiff William P. Kripplebauer’s Motion for New Trial, (Doc. 164), filed pursuant to Rule 59(a) of the Federal Rules of Civil Procedure. The matter has been fully briefed and is ripe for disposition.

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