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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.

3:01-V-010 Carter Footwear, Inc. v. American Home Assurance Co., et al. 01/07/2003

Carter, along with its subsidiary, Carter Dominican Republic, Inc., was in the business manufacturing a nd selling sh oes. In Sep tember of 1998, Ca rter had warehouse facilities in Wilkes-Barre, Pennsylvania and a manufacturing plant in the Dominican Republic. Carter would purchase raw materials for its shoes and perform initial processing tasks in Wilkes-Barre. It would then ship the raw materials to the Dominican Republic where they would be assembled into shoes. The finished shoes would be shipped back to Wilkes-Barre for either direct transfer to customers or storage in Carter’s warehouse.

At some point in the spring of 1998, Carter hired Sterling & Sterling, Inc ., (“Sterling”), as an insurance broker. Carter instructed Sterling to find replacement marine open cargo insurance coverage with the same terms and conditions as an expiring marine open cargo policy Carter then had. Sterling sought a quote for such coverage from American and sent American a copy of Carter’s then effective policy. On April 9, 1998, American andSterling came to an agreement for Carter’s insurance, and American issued Marine Open Cargo Policy No. 87621, (the “policy”), to Carter. It appears from the record that the American policy contained the same terms and conditions as Carter’s previous marine open cargo policy; but the parties dispute who is responsible for drafting the policy. (Doc. 28, Ex. F at ex. 8 ).

1:02-CV-0420 BUILES v. NYE, Warden Snyder County Prison, et al. 01/02/2003

Petitioner, Jorge Yamel Builes, a citizen of Columbia, has filed a counseled petition for writ of habeas corpus under 28 U.S.C. § 2241, contesting a final order of removal issued by the
Immigration and Naturalization Service (INS) deporting him to Columbia. The petition is also styled as a civil rights complaint under 28 U.S.C. § 1983 for injunctive relief. The INS initiated removal proceedings against Builes after his conviction for conspiracy to distribute heroin.

1:02-V-1214 Ponnapula v. Ashcroft, et al. 12/10/2002

Petitioner is a native and citizen of Pakistan who was admitted to the United States as a nonimmigrant on September 4, 1983, and was granted lawful permanent resident status (“LPR status”) on January 26, 1986. (In re Ponnapula, May 22, 2001 BIA decision at 1 [hereinafter “BIA decision”].) In 1993, a New York State grand jury, sitting in Manhattan, indicted Petitioner, along with several other defendants, for grand larceny in the first degree, see N.Y. Penal Law § 155.42, and for falsifying business records in the first degree, see id. § 175.10.5 (Decl. of Alexander E. Eisemann in Supp. of Mot. for Temp. Restraining Order and Order to Show Cause at 2, ¶ 3 [hereinafter “Eisemann Declaration”].) Over the next year, Petitioner and the Manhattan District Attorney’s Office engaged in plea negotiations.

1:02-CV-0977 Diener, et al. v. Reed, Mayor of Harrisburg, PA 12/02/2002

We are considering Plaintiffs’ request for permanent injunctive relief. Plaintiffs, a group of street preachers and protesters, were either arrested or threatened with arrest at events in the City of Harrisburg, Pennsylvania, mostly on charges of disorderly conduct. They filed a complaint pursuant to 42 U.S.C. § 1983, asserting that their First Amendment rights had been violated. They named as defendant, Stephen R. Reed, the Mayor of Harrisburg, in his official capacity. The complaint seeks injunctive and declaratory relief and nominal and compensatory damages.

1: 02-V-1734 Kahn v. Elwood, District Director, INS 11/21/2002

Before the court are the following motions: (1) Petitioner’s Emergency Motion for Stay of Removal Pending Resolution of Appeal from Order of District Court; (2) Respondents’ Motion to Lift the Stay of Removal; and (3) Respondents’ motion for an Expedited Decision.

3:01-R-0151 USA v. Wilmington 08/28/2002

The facts underlying the instant criminal case are as follows: Kirk Schwartz, a detective with the Monroe County District Attorney’s Office, and Ronald Paret, an agent with the Pennsylvania Office of the Attorney General, Bureau of Narcotics, boarded and searched a Greyhound Bus stopped at the Delaware W ater Gap Toll Plaza. The defendant, Marcus Anthony Wilmington, was a p assenger o n the bus. The authorities allegedly searched a bag on the bus and found three kilograms of cocaine. No one on the bus, including the defendant, claimed the bag in which the cocaine was found. The defendant claimed to have one bag, and he allowed the officials to search it. The officials connected the bag containing the cocaine to Wilmington based upon the contents of the bag that Wilmington claimed and allow ed them to search. The officials arrested the de fendant. He is charged with distribution of a controlled substance, specifically in excess of 500 grams of cocaine in violation of 21 U.S.C. §841(a)(1). The defendant is free on bail pending trial. He has filed the instant suppression motion.

Judge Yvette Kane

3:97-CV-616 Paul v. Hearst Corp. 11/08/2002

The background of this case has been well detailed in this Court’s prior orders and in the December 27, 2001 opinion of the United States Court of Appeals for the Third Circuit, and therefore the recitation of facts here will be brief. Dr. Steven E. Paul was featured in a sidebar to an article in the May 1996 issue of Redbook Magazine entitled “Bad Medicine: The Doctors Who Could Cost You Your Life.” This sidebar profiled six doctors, including Dr. Paul. Because of the article and the associated profile, Dr. Paul and his wife filed a suit for libel per se and false light in the Court of Common Pleas of Bradford County, Pennsylvania in March of 1997. Defendants Removed the action to this Court in April of 1997.

1:02-CV-0384 Morrow v. Norwegian Cruise Line Ltd. 10/18/2002

On March 10, 2001, four year old Plaintiff Renee Morrow boarded the “Norwegian Wind,” a cruise ship owned and operated by Defendant Norwegian, for a cruise departing from and returning to Miami, Florida. Sometime prior to boarding the ship, Plaintiff’s parents purchased tickets for the family. These tickets included a passenger ticket contract with a forum selection clause. This clause required all lawsuits for injuries that occurred while on the cruise to be brought in Dade Country, Florida.

1:01-CV-1725 Bell v. Rossotti, et al. 09/30/2002

On September 10, 2001, Plaintiff Thurston Bell, proceeding pro se, filed a complaint against IRS Commissioner Charles Rossotti in his official capacity, and IRS agents Chris Roginsky and Kathleen Lennon in their official and individual capacities. In his suit, Bell seeks (1) a declaratory judgment that his websites and their content are protected by the First Amendment to the United States Constitution, (2) an injunction against Defendants preventing them from approaching him and his family, and (3) compensatory damages in the amount of $30,000 and punitive damages of $1,000,000 from each of the Defendants sued in their individual capacities for violations of his First Amendment rights.

1:99-CV-2190 Piper v. American National Life Insurance of Texas, et al. 09/25/2002

Plaintiffs Donald E. Piper, Sr. (“Mr. Piper”) and Diana L. Piper (“Mrs. Piper”) (collectively, “Plaintiffs”) make the following allegations against defendants. On November 19, 1998, Plaintiffs discussed the purchase of health insurance coverage with an insurance salesperson named Dennis Shillen (“Mr. Shillen”). Plaintiffs allege that Mr. Shillen was recruited and trained by NBA, and that he was an authorized agent of American National. Plaintiffs filled out and signed an application for group health insurance that would be provided by American National. In order to be enrolled in the group policy, which was issued by American National to NBA, Plaintiffs were required to become members of NBA. Therefore, Plaintiffs joined NBA at the same time they applied for the health insurance, paying a $12 fee for the membership.

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