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  • Dial v. United States

    Publication Date: 2024-02-16
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:23-CV-1026

    Defendant moved to transfer inmate's Federal Tort Claims Act action concerning plaintiff being held in special housing units in three federal penitentiaries and court found District of Arizona was a proper venue for the action and the interests of justice required transfer. Motion granted.

  • Allegheny Reproductive Health Ctr. v. Pennsylvania Dep't of Human Serv.

    Publication Date: 2024-02-09
    Practice Area: Constitutional Law
    Industry: Federal Government | Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 26 MAP 2021

    Court overruled precedent upholding constitutionality of Coverage Exclusion in the Abortion Control Act since the exclusion created a discriminatory distinction between the sexes and thus was presumptively unconstitutional under the Equal Rights Amendment. Orders of the commonwealth court reversed, case remanded.

  • Markwardt v. Kijakazi

    Publication Date: 2024-02-09
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lloret
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-cv-02355-RAL

    Plaintiff sought review of the denial of her application for social security disability insurance benefits and court found ALJ did not explain whether or why he ignored relevant medical records evidencing serious injuries plaintiff sustained as a result of her bike accident and did not provide a sufficient analysis for court to make a proper determination on review. Reversed and remanded.

  • Bah v. United States

    Publication Date: 2024-02-02
    Practice Area: Damages
    Industry: Automotive | Federal Government | Retail | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3162

    Federal government had not waived sovereign immunity for alleged personal injury or loss arising from the government's detention or forfeiture of money. Order of the district court affirmed.

  • McFadden v. Kijakazi

    Publication Date: 2024-01-29
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Reid
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-2432

    Court remanded residual functional capacity determination where there was no medical evidence to support the ALJ's determination of functional limitations in claimant's arms and hands, as it was undisputed claimant continued to suffer from carpal tunnel syndrome and cervical radiculopathy. Request for review granted in part.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Collins v. Shuttered Venues Operations Grant

    Publication Date: 2024-01-22
    Practice Area: Government
    Industry: Entertainment and Leisure | Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Padova
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1310

    Although SBA program's recoupment of funds meant applicant's complaint was no longer moot, the complaint failed where applicant failed to allege facts sufficient to show entitlement to a grant from the program. Defendant's motion to reopen and dismiss granted.

  • Saxon v. Comm'r of Soc. Sec.

    Publication Date: 2024-01-22
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Carlos
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-01988

    Plaintiff appealed the decision denying her Supplemental Security Income application and court found ALJ's decision was not supported by substantial evidence where ALJ failed to address, let alone assess, psychiatrist's evaluation when conducting the residual functional capacity analysis. Reversed and remanded.

  • Trenton Threatened Skies, Inc. v. Fed. Aviation Admin.

    Publication Date: 2024-01-15
    Practice Area: Transportation
    Industry: Aerospace | Federal Government | Non-Profit | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: Steven M. Taber, Leech Tishman Fuscaldo & Lampl, Pasadena, CA for petitioners.
    for defendant: Justin Heminger, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Rebecca Jaffe, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Peter J. Kirsch, W. Eric Pilsk, Washington, DC for respondents.
    Case Number: 22-1965

    Court affirmed Federal Aviation Administration approval of new airport terminal construction where the record supported the FAA's determination that the project would not independently cause an adverse environmental impact and where the project had independent utility due to the complete inadequacy of the existing terminal.

  • Shellington v. Comm'r of Soc. Sec.

    Publication Date: 2024-01-15
    Practice Area: Administrative Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Straw
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-cv-658

    ALJ's decision finding plaintiff was not disabled and denying his SSI application was not supported by substantial evidence where objective medical records supported the existence of plaintiff's alleged substance abuse/alcohol abuse impairment and ALJ failed to address the alleged impairment or its severity and support his or her decision. Vacated and remanded.

  • PJM Power Providers Group v. Fed. Energy Regulatory Comm'n

    Publication Date: 2024-01-15
    Practice Area: Public Utilities
    Industry: Energy | Federal Government | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Roth
    Attorneys: For plaintiff: Elbert Lin, Charles D. Wallace, III, Hunton Andrews Kurth, Richmond, VA; John L. Shepherd, Jr., Hunton Andrews Kurth, Washington, DC; Paul W. Hughes, McDermott Will & Emery, Washington, DC; Kriss E. Brown, Christian A. McDewell, Pennsylvania Public Utility Commission, Harrisburg, PA; Thomas G. Lindgren, Werner L. Margard, III, Office of Attorney General of Ohio, Columbus, OH; Jeffrey W. Mayes, Monitoring Analytics, Eagleville, PA; Denise C. Goulet, McCarter & English, Washington, DC for petitioners.
    for defendant: Jared B. Fish, Federal Energy Regulatory Commission, Washington, DC; Danielle C. Fidler, Earthjustice Legal Defense Fund, Washington, DC; Peter Hopkins, Amber L. Martin Stone, Jeffrey A. Schwartz, Scott H. Strauss, Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Matthew Price, Jenner & Block, Washington, DC; Miles H. Mitchell, Maryland Public Service Commission, Baltimore, MD; David C. Apy, Office of Attorney General of New Jersey Division of Law, Trenton, NJ; Robert A. Weishaar, Jr., McNees Wallace & Nurick, Washington, DC; Ryan J. Collins, Paul M. Flynn, Wright & Talisman, Washington, DC; Caroline Reiser, Natural Resources Defense Council, Washington, DC; Casey Roberts, Sierra Club, Denver, CO; Megan C. Wachspress, Sierra Club Environmental Law Program, Oakland, CA; Sarah A. Hunger, Office of Attorney General of Illinois, Chicago, IL Cynthia Bogorad, Lauren L. Springett, Spiegel & McDiarmid, Washington, DC; Adrienne E. Clair, Thompson Coburn, Washington, DC; Daniel E. Frank, Allison Speaker, Eversheds Sutherland, Washington, DC; Andrew D. Cordo, Shannon E. German, Wilson Sonsini Goodrich & Rosati, Wilmington, DE; Gerit Hull, American Municipal Power, Columbus, OH; John E. McCaffrey, III, American Public Power Association, Arlington, VA; Anthony J. Corino, PSEG Corporation, Newark, NJ for respondents.
    Case Number: 21-3068

    FERC commissioners' statements following deadlock over proposed tariff were sufficient to demonstrate that the agency's "action through inaction" found the tariff just and reasonable.