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.

04/17/2001

  • 3:00cv1525 HEALTHAMERICA PENNSYLVANIA, INC., et al. v. SUSQUEHANNA HEALTH SYSTEM, et al.
    File:

    As alleged in plaintiffs’ complaint, the facts are as follows: In 1994, the two dominant hospital systems in Northcentral Pennsylvania region (Providence Health System and North Central Pennsylvania Health System) merged to create Defendant Susquehanna Health S ystem (hereinafter “SHS”). The result of the merger was a single entity with overwhelming market power in the markets for inpatient and outpatient hospital services.

04/12/2001

  • 1:CV-99-0487 CLOVERLAND-GREEN SPRING DAIRIES, INC., et al. v. PENNSYLVANIA MILK MARKETING BOARD, et al. (2)
    File:

    The instant action seeks a declaratory judgment that certain provisions of Pennsylvania’s Milk Marketing Law, 31 Pa. Cons. Stat. Ann. §§ 700j-101, et seq. (“PMML”), and certain provisions of Official General Orders A-890A and A-900, (i) violate the Commerce Clause of the United States Constitution, and (ii) deprive Plaintiff of rights guaranteed pursuant to 42 U.S.C. § 1983. Additionally Plaintiff seeks to enjoin Defendants from enforcing the minimum milk prices fixed pursuant to Orders A-890A and A-900.

03/29/2001

  • 3:99cv0526 ENDRES v. TECHNEGLAS, INC.
    File:

    Plaintiff was employed by Defendant Techneglas, Inc. from approximately 1986 until she was discharged on January 4, 1996 . During her tenure at Techneglas, plaintiff held various positions and was a member of Glass Molders, Pottery and Allied Worker’s International Union, Local 243. Plaintiff assumed the position of shipping coordinator in the defendant’s warehouse in February of 1994. As a shipping coordinator, plaintiff worked on third shift with a fork-lift driver, Robert Serovinski. The bulk of plaintiff’s complaint involves alleged harassing behavior by Serovinski.

03/16/2001

  • 3:00CV-0591 ZALINSKI v. OSRAM SYLVANIA, INC. et al.
    File:

    This matter comes before the Court on Defendants’ motion for summary judgment filed on January 2, 2001. (Doc. 13). Plaintiff filed the above-captioned matter asserting in his complaint filed March 31, 2000 that he was unjustly denied pension and severance benefits and was induced to resign by his long-time employer, Osram Sylvania and its agents. (Doc. 1). Plaintiff alleges these claims under Employment Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. (“ERISA”) as well as under Pennsylvania common law regarding breach of contract, detrimental reliance, promissory and equitable estoppel, and fraud.

02/28/2001

  • 3:00CV301 EISENBERG v. THE PENNSYLVANIA STATE UNIVERSITY
    File:

    Defendant Penn State University is an institution of higher learning with twenty-four campuses. Plaintiff commenced employment with the defendant in 1972 as an engineering instructor at its Hazleton campus and has worked there since. Plaintiff’s initial annual salary was $9,288.00. Plaintiff has received annual salary increases every year of his employment with the defendant. However, he claims that his salary has always been less than the average salary of his peers, and the salary increments did not always reflect actual contributions he has made to the university for a given year.

02/20/2001

  • 3:00-CV-1010/CR-90-308-1 RISTAGNO v. USA
    File:

    Pending before the Court is a motion for habeas corpus relief filed on June 5, 2000 by Petitioner pursuant to 28 U.S.C. § 2255 along with a “Memorandum of Law” in support of his motion to vacate his sentence.1 (Doc. 114). The Petitioner claims ineffective assistance of counsel, prosecutorial misconduct, and sentencing errors based on misinterpretations of the United States Sentencing Guidelines. The Government failed to file a response. In addition, the Petitioner filed an “Amended (informal) Brief” on December 29, 2000 (Doc. 116) in which he claims that Apprendi v. New Jersey, 530 U.S. 466, 147 L.Ed.2d 435, makes his sentence improper. For the reasons set forth infra, we shall deny the petitioner’s habeas corpus motion.

  • 3:99 CV 1203 JACOBS v. HORN, et al.
    File:

    In this habeas corpus action, we are asked to determine the constitutionality of Petitioner Daniel Jacobs’ conviction of first degree murder and his sentence of death. The respondents are Martin Horn, Com missioner, Pennsylvania Departme nt of Corrections; Conner Blaine, Jr., Superintendent of the State Correctional Institution, Greene County; and Joseph P . Mazurkiewicz , Superinte ndent of th e State Co rrectional In stitution at Rockview. The petitioner raises a multitude of issues involving alleged errors of the trial court and ineffectiveness of counsel. With one exception, we find all of petitioner’s arguments to be either without merit or moot. However, because we find, for the reasons which follow, that the petition er’s death sentence violates the Constitutio n of the U nited State s, we will condition ally grant the petition fo r a writ of ha beas corp us.

02/07/2001

  • 1:CV-99-0940 FOUST, et al. v. P.H. GLATFELTER COMPANY
    File:

    The following facts are undisputed except where noted. Defendant, P.H. Glatfelter Company (“Glatfelter” or “Defendant”), owns and operates a pulp and paper mill in Spring Grove, York County, Pennsylvania (the “Mill”). The Mill is situated along the Codorus Creek which flows into the Susquehanna River approximately 15 miles downstream from the Mill. Defendant manufactures paper using a bleached kraft process in order to remove the brown color from the wood fiber contained in the paper.

    Defendant discharges approximately 14 million gallons of wastewater into the west branch of Codorus Creek daily. The bleaching agents used by Defendant cause a chemical reaction that moves the color molecules from the paper into the wastewater. Plaintiffs contend that there is a discoloration of the Codorus beginning at the mill that is visible all the way downstream through the City of York, located approximately ten miles from the Mill. Plaintiffs claim that this discoloration results from the wastewater discharged by Defendant. (Pl. Statement Undisputed Facts, hereinafter “Pl. Facts,” at ¶¶ 3, 6, 7.) Defendant disputes that any discoloration of the Codorus is caused by the color of the wastewater, that the discoloration begins at the Mill, and that Plaintiffs have established what the “true” color of the stream is. (Def. Resp. to Pl. Facts, hereinafter “Def. Resp. Facts”, at ¶¶ 3, 6, 7.)

02/02/2001

  • 1:CV-99-0487 CLOVERLAND-GREEN SPRING DAIRIES, INC., et al. v. PENNSYLVANIA MILK MARKETING BOARD, et al.
    File:

    The instant action seeks a declaratory judgment that certain provisions of Pennsylvania’s Milk Marketing Law, 31 Pa. Cons. Stat. Ann. §§ 700j-101, et seq. (“PMML”), and certain provisions of Official General Orders A-890A and A-900, (i) violate the Commerce Clause of the United States Constitution, and (ii) deprive Plaintiff of rights guaranteed pursuant to 42 U.S.C. § 1983. Additionally Plaintiff seeks to enjoin Defendants from enforcing the minimum milk prices fixed pursuant to Orders A-890A and A-900.

01/31/2001

  • 3:98-CV-1222 WALTERS v. A & P SUPERMARKET SERVICE, et al.
    File:

    In June 1983, the plaintiff was hired as a warehouseman for A&P. In that position, plaintiff was a member of a collective bargaining unit and was represented by the International Brotherhood of Teamsters, Local 229. Plaintiff first requested and was granted a medical leave of a bsence from September 13, 199 3 through November 22, 1993. Plaintiff’s Transcript (herein after “Pl. Trans.”) 81. Th e defendant stated that the plaintiff provided medical documentatio n to justify the continue d leave of absence . Id. at 83-84. Plaintiff was again granted a medical leave of absence from July 8, 1994 through October 17, 1994. Id. at 85-86. The plaintiff also provided A&P with medical documentation for that leave.

    In November 1995, plaintiff requested and was granted a third leave of absence after a back injury at work . Id. at 89:14-19. The plaintiff’s treating physician, Dr. Teig Port, restricted the plaintiff to light duty as a result of the back injury. The plaintiff informed the defendants of this restriction by providing A &P with a note from Dr. Port. However, as there was no light duty work available, Defendant A&P granted the plaintiff a leave of absence, which was approved by Dr. Port throug h July 1, 1996. Dr. Port prepared a Medical Report Form in June 1996 that authorized the plaintiff to return to his regular duties on July 1, 1996. A&P received this form and then on June 28, 1996, the plaintiff telephoned A &P to confirm that he would return to work on July 1, 1996. Id. at 103-04.

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