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.

10/19/2000

  • 3:99-CV-1569 GADINSKI v. SHAMOKIN AREA COMMUNITY HOSPITAL
    File:

    Defendant Shamokin Area Community Hospital hired the plaintiff in May 1995 as a physical therapist. Plaintiff continued with this employment until March 1997 at which time she took a maternity leave. The leave lasted until September 1997, except for two days when she was reactivated for physical therapy work. Pl. Dep. at 196. When plaintiff began her leave, she was not notified of her rights under the Family and Medical Leave Act of 1993 (hereinafter “FMLA”) in derogation of regu lations promulgated by the Department of Labor.

    Prior to her leave, defendant paid the plaintiff $44.00 an hour and she worked approximately twenty-four hours per w eek on av erage. When plaintiff sought to re turn to work in September 1997, she was told that the defendant did not need her services at that time, but might need them in the future.
     
    On September 4, 1 997, shortly after her failed attempt to return to her employment, the plaintiff began a second leave of absence. The purpose o f this second leave was to care for her seriously ill father. Plaintiff attempted to return to work on November 28, 1997, but the defendant informed her that no work was av ailable that day. In January 1998, the defendant offered plaintiff a position working forty-five hours per pay period at $24.00 per hour. Plaintiff declined the offer as she saw it as a $20.00 pay decrease and different work from what she was performing previously.

10/13/2000

  • 3:CV-98-2105 MATASAVAGE v. CORBY, et al.
    File:

    On December 29, 1997, an individual forcibly pushed Karen Burnside, a church employee, from a chair at the Holy Rosary (the “Church”) Rectory in Scranton, Pennsylvania and stole a cash box containing more than $14,000 in “Smart Money” or cash value certificates (“Certificates”) which are redeemable at local stores for merchandise. (Pl.’s Comp., Doc. 1 ¶ 5.) Defendant Dan Corby, a police officer with the Scranton Police Department for 29 years, was assigned to investigate the Church robbery.

09/30/2000

  • 1:98-CV-608 RIEDER v. APFEL
    File:

    Plaintiff filed applications for DIB on April 12, 1996, and protectively filed her application for SSI on October 29, 1996. Record (hereinafter “R.”) 66-69, 228-31. In those applications the plaintiff alleged an inability to work since April 3, 1995 due to seizures, depression, and pain and swelling in her right leg.1 Initially and upon a motion for reconsideration, the claim was denied and eventually came before an administrative law judge (hereinafter “ALJ”) on May 22, 1997. R. 45, 46-49, 52-54 Plaintiff was represented by counsel at the hearing .

09/27/2000

  • 1:CV-00-0070 KOITA, et al. v. JANET RENO
    Judge:
    File:

    This pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 was filed by Jibril Koita, Gladwin Wilson, Maher Omari, Saleh Sherif, Celio De La Cruz, and Anh Le. When the case began, they were all aliens who were being detained by the Immigration and Naturalization Service (INS) while the INS pursued administrative steps to remove them from the United States.

09/26/2000

  • 3:00-CV-1169 DONATO v. USA
    File:

    Before the court for disposition is an appeal from the Bankruptcy Co urt which calls upon us to determine the correct valuation method for a piece of real estate located in Clarks Summit, Pennsylvania. The appellant is the United States of America, and the appellees/debtors of the bankruptcy are Joseph A. and Phyliss G. Donato.

09/21/2000

  • 1:CV-99-1516 ERIE INSURANCE EXCHANGE v. USA
    File:

    The complaint in this case was filed on August 20, 1999. The plaintiffs are the Erie Insurance Exchange and Jacob T. Hodge, Jr. The defendant is the United States of America. The cause of action is a Federal Tort Claims Act claim based upon a motor vehicle accident involving a United State Postal Service tractor-trailer. The jurisdiction of the court is under 28 U.S.C. § 1346(b). The parties consented to rroceed before a United States Magistrate Judge under 28 U.S.C. § 636(c). A non-jury trial was held on September 11, 2000.

08/30/2000

  • 1:CV-99-2181 SNEAD v. WARDEN, FCI ALLENWOOD
    File:

    Arthur Snead has filed a counseled petition for a writ of habeas corpus under 28 U.S.C. § 2241. He challenges the 1990 sentence imposed on him in the Eastern District of Pennsylvania for conspiracy to commit bank robbery, the substantive offense of bank robbery, and being a felon in possession of a firearm. The petitioner received a life sentence on the last conviction.

08/11/2000

  • 3:98-CV-1330 BRADBURY v. LOMBARDO, et al.
    File:

    This case arises out of plaintiff’s termination from her position as Code Enforcement Administrator of Pittston City on April 14, 1998. Plaintiff claims that she was terminated without benefit of notice, hearing, or court adjudication.

    In April of 1997, Defendants Michael Lombardo, Thom as McFadden, and Philip Campenni ran in the democratic primary for positions of Mayor and Councilmen, respectively, and were elected to thos e positions in Novem ber of 1997. Ms. Bradbury’s political affiliation was different from the defendants’ and she participated in the campaigns of their opponents. In early 1998, it was determined that, due to budgetary concerns, it would be necessary to eliminate certain positions and redistribute job responsibilities. At that point, the plaintiff’s position was terminated without notice or hearing. It is agreed that the termination did not occur “for cause,” as there were no complaints regarding the job performance of the plaintiff .

     

07/20/2000

  • 3:98-CV-2108 JONES v. NATIONWIDE INSURANCE COMPANY
    File:

    The instant case involves a breach of contract claim and bad faith claim arising from an automobile accident. The case was removed to this court on December 29, 1998. On September 21, 1999 , Michael J. McDonald was appointed as a Master to resolve certain discovery issues. On May 31, 2000, the Master filed his recommendation with the court. An order was issued by this court on June 2, 2000, informing the parties that they would be allowed ten days in which to file any written objections. On June 20, 2000, the defendant filed its objections to the recommendation. On June 20, 2000, the court also received a letter from the plaintiff’s counsel, stating that he had no objections to the Master’s recommendation and urging the court to adopt the Master’s report.

07/19/2000

  • 3:CV-96-0899 CABOT CORPORATION v. YAMULLA ENTERPRISES, INC., : ET AL.
    File:

    Before me is the Motion to Compel Testimony (doc. 200) filed by the defendants seeking to compel the testimony of Karen Morrissey, plaintiff’s Rule 30(b)(6) designee, and to sanction plaintiff’s refusal to permit her to answer questions at her deposition. Because I choose to follow King v. Pratt & Whitney, 161 F.R.D. 475 (S.D. Fla. 1995), the motion will be granted in part and denied in part.

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