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Opinions

The Middle District of Pennsylvania offers a database of opinions for the years 1999 to present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

1:20-cv-1758 Warner v. United Natural Foods, Inc. 01/13/2021

Defendant United Natural Foods, Inc. (“UNFI”), a Rhode Island corporation, maintains a wholesale food distribution operation in York, PA. On December 16, 2019, UNFI hired Plaintiff Dennis Warner as a loader at that York location.

In the months immediately thereafter, the COVID-19 pandemic hit the Commonwealth of Pennsylvania. On March 6, 2020, Governor Wolf declared a state of emergency pursuant to 35 Pa. C.S. § 7301(c). (Id. at ¶ 10). On March 19, Governor Wolf issued an executive order prohibiting all non-life sustaining businesses from operating. (Id. at ¶ 11). For those essential businesses permitted to remain open, compliance with certain mitigation efforts, such as social distancing protocols, was mandated. (Id.). Because Defendant UNFI is a wholesale food distributor, it qualified as an “essential” business and was permitted to remain in operation subject to those mitigation standards. (Id. at ¶ 19).

1:20-cv-382 01/05/2021

IN RE Rutter's Inc. Data Security Breach Litigation

1:20-CV-2366 M. Rae Inc. v. Wolf 12/26/2020

On December 10, 2020, Governor Tom Wolf and Secretary of Health Rachel Levine issued limited-time mitigation orders in attempt to stem the rising tide of COVID-19 cases and hospitalizations in the Commonwealth of Pennsylvania. Among other things, those orders prohibit indoor dining at businesses in the retail food services industry through January 4, 2021. (See Doc. 1-2 at 3; Doc. 1-3 at 3).

1:19-cr-249 U.S.A. v. Jamison 11/24/2020

Defendant Lavar Jamison objects to his classification as a career offender under the United States Sentencing Guidelines for two reasons. First, Defendant argues that his two predicate offenses should be counted as a single offense because he was sentenced for both convictions on the same day. (Doc. 46).1 Second, Defendant argues that his prior conviction for possession with intent to distribute marijuana does not qualify as a prior controlled-substance offense because the state statue is broader than its federal counterpart. (Doc. 51). For the reasons that follow, we will sustain Defendant’s objection.

1:20-cv-1905 PILF v. Boockvar 10/20/2020

Two-and-a-half weeks before a national election of critical importance, Plaintiffs filed the instant suit alleging the improper inclusion of 21,206 supposedly deceased Pennsylvanians on voter rolls. In so doing, it asked us to accept as true its private investigation into the eligibility of thousands of voters. But we cannot and will not take Plaintiff’s word for it—in an election where every vote matters, we will not disenfranchise potentially eligible voters based solely upon the allegations of a private foundation. And, because Plaintiff waited until the eleventh hour to file this suit, there is clearly insufficient time to require Defendant to separately verify Plaintiff’s extensive claims. Thus, for the reasons that follow, we have denied the Motion.

3:20-cv-01303 SWB Yankees, LLC v. CNA Financial Corp. 10/01/2020

This matter arises in the context of the global COVID-19 crisis. Plaintiff is the owner of a minor league baseball team affiliated with the New York Yankees, whose 2020 season was substantially curtailed due to the ongoing pandemic. Plaintiff alleges it sought relief with a claim pursuant to its business interruption insurance policy.

1:20-cv-480 THAKKER, et al., v. Doll 09/25/2020

The instant case arises from the COVID-19 pandemic currently affecting our nation. Petitioners, all ICE detainees, sought release from ICE detention facilities across central Pennsylvania as a means of avoiding potential infection. Their claims were based upon the allegedly poor conditions and infection control protocols at York County Prison, (“YCP”), Clinton County Correctional Facility, (“CCCF”), and Pike County Prison, (“PCCF”). In these facilities, the original Petitioners contended that they were all at high-risk for more severe complications should they contract COVID-19 as a result of either advanced age or from comorbid conditions.

3:16-cv-2470 Audi of America v. Bronsberg & Hughes Pontiac, Inc. 08/25/2020

This matter was commenced in December of 2016 by Audi of America, Inc. (hereinafter “AoA”), which is an organizational unit of Volkswagen Group of America, Inc., and is the United States importer and distributor of Audi-brand vehicles, parts and accessories. Named as Defendant was Bronsberg & Hughes Pontiac, Inc., (hereinafter referred to as “Wyoming Valley”), which owns and operates automobile dealerships, including an Audi dealership pursuant to a dealership agreement with AoA. This action arose out of a contract dispute between AoA and Wyoming Valley.

3:20-CV-31 Clarke v. Doll 08/24/2020

Petitioner Nathaniel Clarke filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. Clarke argues that the length of his mandatory pre-removal detention under 8 U.S.C. § 1226(c) has become unreasonable and that due process entitles him to an individualized bond hearing before an immigration judge. Before the court are Clarke’s habeas petition; the report of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court grant Clarke’s petition; and respondent’s objection to the report. For the reasons that follow, we will overrule respondent’s objection, adopt Judge Saporito’s report and recommendation, and order that Clarke receive an individualized bond hearing within 30 days.

Chief Judge Matthew W. Brann

4:20-CV-02078 Donald J. Trump for President v. Boockvar, et al. 11/21/2020

Pending before this Court are various motions to dismiss Plaintiffs’ First Amended Complaint. Plaintiffs in this matter are Donald J. Trump for President, Inc. (the “Trump Campaign”), and two voters, John Henry and Lawrence Roberts (the “Individual Plaintiffs”). Defendants, who filed these motions to dismiss, include seven Pennsylvania counties (the “Defendant Counties”), as well as Secretary of the Commonwealth Kathy Boockvar.

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