Plaintiff John Steven Bizarre (“Bizarre”) appeals the decision of the administrative law judge (“ALJ”) denying Bizarre’s claim for disability insurance benefits and supplemental security income. (Doc. 1). Before the court are Bizarre’s complaint and the parties’ respective briefs in support of and in opposition thereto; the report of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court deny the appeal; Bizarre’s objections to the report; and the response of the Acting Commissioner of Social Security (“Commissioner”).
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Opinions
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Judge Christopher C. Conner
In May of this year, we entered judgment in Pennsylvania Professional Liability Joint Underwriting Ass’n v. Wolf (“JUA I”), No. 1:17-CV-2041 (M.D. Pa.), declaring portions of Act 44 of 2017, P.L. 725, No. 44 (“Act 44”), to be violative of the Takings Clause of the Fifth Amendment to the United States Constitution and permanently enjoining enforcement of the Act’s operative provisions. Finding the Pennsylvania Professional Liability Joint Underwriting Association (the “Joint Underwriting Association” or “Association”) to be a private entity and its assets to be private property, we concluded that the state cannot expropriate to its own use funds held in the Association’s coffers.
The General Assembly responded by enacting Act 41 of 2018, P.L. 273, No. 41 (“Act 41”), on June 22, 2018. Act 41 deploys JUA I as a blueprint, endeavoring to avoid the constitutional infirmities that felled Act 44. Specifically, Act 41 purports to transform the Joint Underwriting Association into a governmental entity housed within the Commonwealth’s Insurance Department (“Department”) and operating under the control and oversight of the Commonwealth’s Insurance Commissioner (“Commissioner”). It also seeks to accomplish indirectly what JUA I forbade the state from doing directly—forcing the transfer of the Association’s assets to the Department. By order of July 18, 2018, we preliminarily enjoined enforcement of Act 41 pending merits review of the Joint Underwriting Association’s constitutional claims. The parties’ cross-motions for summary judgment are now before the court.
Plaintiff Press and Journal, Inc. (“plaintiff”) filed this action alleging First Amendment violations by defendant Borough of Middletown (the “Borough”). The Borough moved to dismiss plaintiff’s claims pursuant to Federal Rule of Civil Procedure 12(b). (Doc. 12). We will deny the Borough’s motion to the extent it is grounded in Rule 12(b)(6).
Malibu Media, LLC, commenced the above-captioned action against John Doe, asserting one count of copyright infringement pursuant to the United States Copyright Act of 1976, 17 U.S.C. § 101 et seq. Before the court are the parties’ cross-motions for summary judgment.
Chief Judge John E. Jones III
Currently pending before the Court are four motions to dismiss filed by Defendant Ben Wootton and joined by Defendant Race Miner by Order dated October 16, 2018. (Doc. 92). Those motions are as follows: Defendant Ben Wootton’s Motion to Dismiss Counts 1, 3–8, and 9 with Incorporated Brief, (Doc. 70), Defendant Ben Wootton’s Motion to Dismiss Count 9 – Failure to Allege Commission of a Crime, (Doc. 72), Defendant Ben Wootton’s Motion to Dismiss Count 2 – Duplicitous, (Doc. 73), Defendant Ben Wootton’s Motion to Dismiss Count 2 – Statute of Limitations, (Doc. 74). Also pending are Defendant Race Miner’s Motion to Dismiss Count 2, (Doc. 93), Defendant Race Miner’s Motion to Sever Defendant, (Doc. 98), and Defendant Ben Wootton’s Motion for Severance of Charges, (Doc. 71). All of these motions have been fully briefed and are ripe for disposition.
Presently pending before the Court is Defendants’, Walgreens Boots Alliance, Inc., Stefano Pessina, and George R. Fairweather (collectively, “Walgreens”), Motion for Judgment on the Pleadings, (Doc. 125), and Plaintiff’s, Jerry Hering (“Hering”), Joint Motion to Intervene by Lead Plaintiff and Putative Class Members Douglas S. Chabot, Corey M. Dayton, and Joel M. Kling.
Plaintiff Jerry Hering brings this action against Defendants Rite Aid Corporation, John T. Standley, David R. Jessick, Joseph B. Anderson, Jr., Bruce G. Bodaken, Kevin E. Lofton, Myrtle S. Potter, Michael N. Regan, Frank A. Savage, Marcy Syms (collective, the "Rite Aid Defendants"), and Walgreens Boots Alliance, Inc., Stefano Pessina, and George R. Fairweather (collectively, the "Walgreens Defendants"). Presently before the Court are two Motions to Dismiss Plaintiff’s Amended Complaint filed by the Rite Aid Defendants, (Doc. 89), and the Walgreens Defendants, (Doc. 93). For the reasons that follow, we shall grant the Rite Aid Defendants’ motion and deny the Walgreens Defendants’ motion
Presently pending before the Court is the Defendants’ motion to dismiss. (the "Motion") (Doc. 15). On April 3, 2018, we granted Plaintiffs’ motion for class certification. (Doc. 22). Plaintiffs represent a class of all Pennsylvania youth under the age of 21 who, now or in the future, are adjudicated dependent and have diagnosed mental health disabilities. Plaintiffs bring three claims against Defendants Pennsylvania Department of Human Services (“DHS”) and Teresa Miller, as Acting Secretary of the DHS (collectively, Defendants), alleging systemic failures in the Pennsylvania Child Welfare and Medical Assistance programs.
On December 18, 2017, Plaintiffs commenced this action, by and through their next friends, on behalf of themselves and all others similarly situated. (Doc. 1). The complaint alleges that DHS has failed to provide the required appropriate services to dependent children with diagnosed mental health disabilities in Pennsylvania. The following facts are derived from the complaint.
DHS, through the Child Welfare system and its Office of Medical Assistance Programs (“Medical Assistance”), is responsible for providing appropriate mental health care. (Id. at ¶ 3). The complaint paints a picture of the sad reality for various dependent youths in Pennsylvania. Many dependent children with mental disabilities end up in large, congregate facilities for years while they wait for appropriate placement from DHS. (Id. at ¶ 4). Others end up waiting for months or years in inappropriate settings, such as psychiatric hospitals, juvenile detention facilities, and residential treatment facilities (“RTFs”) while they wait for placement from DHS. (Id. at ¶ 5). Each of the named Plaintiffs in this action has been diagnosed with mental health disabilities and has been adjudicated dependent. (Id. at ¶ 9). They are all eligible for medical assistance from DHS. (Id. at ¶ 54).
Plaintiffs are Quan Vu and his wife, May Siew. (“Plaintiffs”). Defendants are Ski Liberty Operating Corp. and Snow Time, Inc., operating as Liberty Mountain Resort. (“Defendants”). This action arises out of a skiing accident at Liberty Mountain that left Mr. Vu severely injured. The complaint brings one count of negligence on behalf of Mr. Vu and one count of loss of consortium on behalf of Mrs. Siew, both alleging that the accident was caused by the Defendants’ negligence in maintaining the ski slope and failing to warn Mr. Vu of the slope’s hazardous condition.