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District Court for the Middle District of Pennsylvania Court Cases
This is the first federal case to adjudicate the constitutionality of a nocturnal juvenile curfew ordinance. Despite the widespread prevalence of juvenile curfew ordinances, there is a surprising paucity of legal authority dealing with the validity of such enactments, there being no federal cases and relatively few state cases.
Court: District Court for the Middle District of Pennsylvania Docket: Civ. No. 75-74
United States v. Kapp (2007)Now before the Court are motions to dismiss indictments in two separate criminal actions: United States v. Kapp and United States v. Duncan. Defendants have moved to dismiss indictments for violations of 18 U.S.C. § 2250, and have separately challenged the applicability and constitutionality of that statute on similar bases. For reasons of judicial economy, the Court will address both motions in a single order. For the reasons that follow, Defendants' motions will be granted.
Court: District Court for the Middle District of Pennsylvania Docket: 1:06-CR-389, 1:06-CR-422
Defendants, International Surplus Lines Insurance Co. (International Surplus), and Woolf/Strite Associates, Inc. (Woolf/Strite), have moved to dismiss plaintiffs' complaint pursuant to Fed.R. Civ.P. 12(b)(6). In this dispute concerning coverage under a "claims-made" insurance policy, defendants contend that they have no obligation to pay for the costs and attorney's fees incurred by plaintiff, Stephen R. Reed, Mayor of the City of Harrisburg, in defending a libel and wrongful use of civil [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civ. A. No. 84-1113
As appears from our opinion in Dixon v. Attorney General of Commonwealth of Pennsylvania, 313 F.Supp. 653 (M.D. Pa.1970), the proceeding at bar is a class suit brought by the seven named plaintiffs, individually and on behalf of all inhabitants of Farview State Hospital (Farview) situated like unto them. The complaint, filed July 25, 1969, alleges the unconstitutionality of the confinement at Farview of the named plaintiffs and of all persons committed to and confined at Farview on July 25, [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civ. No. 69-293
United States v. Shenandoah (2008)
Presently before the court are motions to dismiss the indictments in two separate criminal actions, namely, United States v. Paul Shenandoah and United States v. Brian Dennis Douglas. (See No. 07-500, Doc. 22; No. 08-196, Doc. 20.) The motions challenge the constitutionality of the Sex Offender Registration and Notification Act ("SORNA") both on its face and as applied. The motions have been fully briefed and are ripe for disposition.
Court: District Court for the Middle District of Pennsylvania Docket: Criminal Nos. 1:07-CR-0500, 1:08-CR-0196
The petitioner, an inmate at the Allenwood Federal Prison Camp, Montgomery, Pennsylvania, filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 and a request to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a) on May 23, 1989. The petitioner was granted leave to proceed in forma pauperis on July 24, 1989. On January 19, 1990, United States Magistrate Raymond J. Durkin filed a report in which he recommended that the petition for writ of habeas corpus be [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civ. No. 89-0794
This is a multidistrict antitrust matter brought under Section 1 of the Sherman Act, 15 U.S.C. § 1, and various state antitrust and consumer protection statutes. Plaintiffs allege that defendants conspired to fix the prices of chocolate confectionary products in the United States. Defendants, who control approximately 75% of the American market for chocolate candy, allegedly entered pricing agreements, resulting in coordinated price increases on three distinct occasions between 2002 and 2007. [...]
Court: District Court for the Middle District of Pennsylvania Docket: MDL Docket No. 1935. Civil Action No. 1:08-MDL-1935
Lozano v. City of Hazleton (2007)David Vaida, Law Office of David Vaida, Allentown, PA, Denise Alvarez, Foster Maer, Ghita Schwarz, Jackson Chin, Rich and Bellman, Puerto Rican Legal Defense and Education Fund, New York, NY, Doreen Y. Trujillo, Ilan Rosenberg, Linda S. Kaiser, Thomas B. Fiddler, Thomas G. Wilkinson, Jr., William J. Taylor, Cozen O'Connor, Philadelphia, PA, Douglas W. Frankenthaler, Cozen O'Connor, Cherry Hill, NJ, Elena Park, Cozen O'Connor, West Conshohocken, PA, George R. Barron, Wilkes-Barre, PA, [...]
Court: District Court for the Middle District of Pennsylvania Docket: 3:06cv1586
This action was commenced by the United States on December 12, 1980, by the filing of a complaint and a motion for a temporary restraining order. Subsequently, four amended complaints have been filed. In the fourth amended complaint, filed May 17, 1982, the United States (1) seeks to reduce to judgment alleged delinquent federal income taxes, interest, and other penalties assessed and accrued against Defendant Raymond Colliery Co., Inc. (Raymond Colliery) and its subsidiaries for the fiscal [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civ. No. 80-1424
Pappas v. City of Lebanon (2004)Presently before the court is a motion (Doc. 18) in which defendants, the City of Lebanon ("Lebanon"), the Lebanon Police Pension Fund Board ("Board"), and members of the Board, seek summary judgment on the claims of plaintiff, George C. Pappas ("Pappas"), under 42 U.S.C. § 1983. Pappas asserts that the Board violated his rights to due process by failing to assist him in meeting statutory prerequisites for receipt of pension benefits and by denying his request to vest benefits without notice [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civil Action No. 1:03-CV-1112
United States v. Jennings (1994)On February 3, 1994, a grand jury sitting in the Middle District of Pennsylvania returned a three-count indictment charging defendant Eddie Jennings with two counts of assault with a dangerous weapon on a correctional officer engaged in the performance of his official duties, in violation of 18 U.S.C. § 111(a)(b) (Counts One and Two), and with possession of a prohibited object, the weapon, while in a federal correctional institution, in violation of 18 U.S.C. § 1791(a)(2), (d)(1)(B) (Count [...]
Court: District Court for the Middle District of Pennsylvania Docket: 4:CR-94-0018
Plaintiff, Wells H. Keddie, filed this action under the Civil Rights Act, 42 U.S.C.A. §§ 1981, 1983, 1985, 1986, 1988, seeking damages and declaratory and injunctive relief against the defendants for the alleged violation of his constitutional rights and for defamation and wrongful discharge arising from his tenure denial and the consequent termination of his employment as a professor at Pennsylvania State University (hereinafter Penn State). The defendants are Penn State, John W. Oswald, [...]
Court: District Court for the Middle District of Pennsylvania Docket: 72-581 Civil
Baliotis v. McNeil (1994)Defendant White Consolidated Industries, Inc. ("WCI") and Motorola, Inc. ("Motorola") have jointly moved for summary judgment based upon the "destruction" of the scene of a fire. The tenants and owners of the property severely damaged in the fire have alleged that the conflagration is attributable to a microwave oven manufactured by WCI and for which Motorola purportedly supplied components. In their motion, WCI and Motorola contended that the failure to preserve the fire scene until their [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civ. A. No. 92-CV-1140
On November 6, 1998, plaintiff Mary Kilvitis (Kilvitis) filed this action against defendants County of Luzerne, Court of Common Pleas of Luzerne County, and District Justice James Tupper (Tupper), contending that the defendants violated her rights under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, et seq. (Dkt. Entry 1.) Claims were asserted against each of the defendants under the FMLA and the Civil Rights Act of 1871, 42 U.S.C. § 1983. On February 5, 1999, defendants Court of [...]
Court: District Court for the Middle District of Pennsylvania Docket: 3:CV-98-1824
In Re Librandi (1995)
We are considering an appeal from an Order of the United States Bankruptcy Court for the Middle District of Pennsylvania, filed December 29, 1994, and exercise appellate jurisdiction pursuant to 28 U.S.C. § 158.
Court: District Court for the Middle District of Pennsylvania Docket: Bankruptcy No. 1-93-00422. Adv. No. 1-93-00406. Civ. A. No. 1:CV-95-132
United States v. Leta (1971)
Defendant Louis Ciancutti has moved to suppress wiretap evidence obtained by the United States government in its investigation of defendant Leta's alleged gambling activities. For the reasons set forth below, this motion is denied.
Court: District Court for the Middle District of Pennsylvania Docket: Crim. No. 14849
Galgay v. Gangloff (1987)Plaintiffs instituted this action on May 16, 1986 against defendants Gene Gangloff individually and d/b/a Gangloff Brothers; Gangloff Brothers; Devil's Hole, Inc.; and Hecla Machinery and Equipment Company, alleging violations of a contract between an employer and a labor organization representing employees in an industry affecting commerce within the meaning of § 301(a) of the Labor Management Relations Act of 1947 (LMRA). Plaintiffs seek to collect delinquent contributions allegedly owed to [...]
Court: District Court for the Middle District of Pennsylvania Docket: Civ. No. 86-0683
Williams v. Fedor (1999)On January 8, 1997, plaintiff Heath Williams filed the instant action against Pennsylvania State Police Officers Larry Fedor and James Sartori, Philip Checchia (an investigator for the State's Attorney General's Office), Kevin Kelly (the Police Chief for the Borough of Stroudsburg), the Borough of Stroudsburg and Monroe County. (Dkt. Entry 1 at 1-2.) Williams' suit is premised upon defendants' decision to prosecute him for perjury and other charges based upon the alleged inconsistency between [...]
Court: District Court for the Middle District of Pennsylvania Docket: 3:97-CV-0033
In this action, plaintiffs seek to enjoin defendants from proceeding further with the planned relocation of Pennsylvania Route 872 and from approving, granting or using any Federal funds for this project and, further, to order the defendant, Robert G. Bartlett, Pennsylvania Secretary of Highways, to upgrade and repair the existing roadbed of Route 872. Plaintiffs are the Pennsylvania Environmental Council, Inc., and the Allegheny Mountain Chapter of Trout Unlimited, as well as several [...]
Court: District Court for the Middle District of Pennsylvania Docket: 70-123 Civ
United States v. Ahmad (1972)
William S. Lynch, Deputy Asst. Atty. Gen., Internal Security Div., U. S. Dept. of Justice, Washington, D. C., S. John Cottone, U. S. Atty., Scranton, Pa., William Connelly, Paul J. Killion, J. Philip Krajewski, Sp. Attys., U. S. Dept. of Justice, Washington, D. C., for United States.
Court: District Court for the Middle District of Pennsylvania Docket: Crim. No. 14950