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.

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.

12/30/2011

  • 3:09-0305 CULLER v. SHINSEKI (2)
    File:

    By way of relevant procedural background 2, the plaintiff filed the instant action, (Doc. No. 1), on February 17, 2009, which he later amended on April 5, 2009, to include claims of age discrimination and retaliation (Count I), First Amendment violations (Count II), and a hostile work environment (Count III), in relation to his employment as an orthotist3 at the Wilkes-Barre, Pennsylvania, Veterans Affairs, (“VA”), Medical Center, (Doc. No. 3).

10/20/2011

  • 3:10-0362 LONGVIEW FUND, L.P. v. COSTELLO, et al
    File:

    On November 20, 2007, plaintiff Longview Fund loaned the sum of $800,000 (the “Loan”) to third party defendant All Staffing, Inc. (“All Staffing”) as evidenced by a promissory note dated November 20, 2011 (the “Note”). Defendant Stanley J. Costello (“S. Costello”), who was Chief Executive Officer of All Staffing, executed the Note on All Staffing’s behalf.

08/26/2011

  • 3:09-0305 CULLER v. SHINSEKI
    File:

    Pending before the court is the Plaintiff’s Motion for Sanctions for Failing to Preserve Electronic Stored Information and Provide Such Information in Discovery. (Doc. No. 50). Based upon a review of the motion and related materials, the motion will be denied.

09/28/2009

  • 1:08-cv-1261 CHESTER, et al. v. BEARD
    File:

    This putative class action is brought by three plaintiffs, Frank Robert Chester, Zachary Wilson, and Donald Hardcastle (“Plaintiffs”), each of whom has been convicted of first-degree murder and sentenced to death in Pennsylvania. Plaintiffs allege that the Commonwealth of Pennsylvania’s practice of executing condemned prisoners by means of lethal injection subjects them to an unnecessary risk of excruciating pain and suffering and therefore violates Plaintiffs’ rights to be free from cruel and unusual punishment and to due process of law under the Eighth and Fourteenth Amendments to the United States Constitution. Plaintiffs seek preliminary and permanent injunctive relief to enjoin Defendants from executing Plaintiffs by lethal injection as currently authorized and implemented by the Commonwealth.

08/28/2009

  • 1:09-0143 MEROS v. DOWS
    File:

    On January 23, 2009, plaintiff Thomas Meros, proceeding pro se, filed a complaint under 42 U.S.C. §1983 against defendant Mark Dows. (Doc. No. 1-1). Plaintiff alleges Defendant Dows, the director of the Pennsylvania Board of Law Examiners (“PBLE”), violated his due process and equal protection rights by denying him admission to the Pennsylvania bar. Id. Plaintiff seeks declaratory relief, injunctive relief, monetary damages and all other relief the court deems appropriate. Id.

04/22/2009

  • 3:08-2132 TELEPO v. MARTIN, et al.
    File:

    During state court criminal proceedings in Monroe County involving sentencing issues, plaintiff allegedly declined to speak to his attorney and declined to make certain information known to him because a private consultation area was not available for their use. Plaintiff was unwilling to speak in ear shot of other persons (including sheriffs and other inmates) and supposedly risk loss of his attorney-client privilege and other confidences. Plaintiff further alleges that in consequence of the state denying him access to private consultation facilities (at the county courthouse), in conjunction with his own concomitant refusal to be fully forthcoming with his attorney in those circumstances, he was sentenced to "a longer period of incarceration because of the facts I was unable to relay to [my attorney] concerning my prior record score." Doc. No. 44 at 2-3. Plaintiff argues that the defendants' failure or refusal to provide (what he terms) an adequate private consultation area is a denial of his due process rights and First Amendment right to petition. See Amended Compl. at 3. (Doc. No. 28.) The operative complaint, i.e., the Amended Complaint, is brought under 42 U.S.C. §1983. In his proposed (second) Amended Complaint, plaintiff seeks to add a claim for punitive damages, and additionally seeks to add Wieslaw T. Niemoczynski, Chief Public Defender of the Monroe County Public Defenders Office, as a defendant.

03/04/2009

  • 5:08-MJ-00109 IN THE MATTER OF THE EXTRADITION OF MARY BETH HARSHBARGER (2)

    Pending before the Court is the United States' (the Government's) request for the extradition of Mary Beth Harshbarger, (Doc. No. 2), pursuant to the Treaty on Extradition, Dec. 3, 1971, U.S.-Canada, T.I.A.S. No. 8237 (as amended by protocols of 1988 and 2001)1 and Title 18, United States Code, Section 3184. Having considered the parties' submissions, oral argument, the Treaty, statutory law, and case law, the Court finds that there is sufficient evidence to support Harshbarger's extradition to Canada to face the (single) charge of causing death by criminal negligence which has been brought against her there.

Pages