• 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.

  • Doe v. United States

    Publication Date: 2024-01-08
    Practice Area: Civil Rights
    Industry: Federal Government | Health Care
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Dodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:21-cv-0022

    Deliberate indifference claim failed where claim was based largely on allegations of medical malpractice rather than intentional disregard of prisoner's medical needs. Defendants' motion for summary judgment granted in part and denied in part.

  • Saaverda v. Mayorkas

    Publication Date: 2023-12-11
    Practice Area: Immigration Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-2110

    Defendants moved to dismiss plaintiff's causes of action under the Administrative Procedure Act and the Mandamus Act over defendant's failure to act on his I-601A application for a provisional unlawful presence waiver and court found it had jurisdiction and plaintiff stated a claim for relief. Motion denied.

  • United States v. Hull

    Publication Date: 2023-12-11
    Practice Area: Evidence
    Industry: Federal Government | Health Care | Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:21-cr-39

    Defendant's omnibus motion for discovery in a health care fraud and conspiracy to commit wire and health care fraud action was granted insofar as government was directed to review evidence concerning the individual identified by defendant as a possible informant and to provide any exculpatory material and denied as to her other requests as moot or premature. Motion granted in part and denied in part.

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  • United States v. Marx

    Publication Date: 2023-12-11
    Practice Area: Criminal Law
    Industry: Federal Government | Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Diamond
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:23-cr-00323

    Defendant's motion to disclose transcripts of all the proceedings before the grand jury related to government's loss analysis, in case in which defendant was charged with wire fraud and conspiracy to commit wire fraud, failed because defendant showed, at the most, that government presented inaccurate calculations to the grand jury and less than perfect evidentiary presentation did not impair the grand jury's understanding of the elements of wire fraud. Motion denied.

  • United States v. Santiago

    Publication Date: 2023-11-20
    Practice Area: Constitutional Law
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5:23-cr-00148

    Defendant moved to dismiss his indictment for being a felon in possession of a firearm and court found his Second Amendment argument failed because there was historical precedent going back to the 18th century for restricting the possession of firearms by those who previously committed dangerous crimes. Motion denied.

  • Thomas v. Kijakazi

    Publication Date: 2023-11-20
    Practice Area: Administrative Law
    Industry: Federal Government | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Straw
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-cv-304

    Administrative law judge's findings, in claimant's appeal of the denial of her disability insurance benefits and supplemental security income applications, were not supported by record evidence because ALJ's mischaracterization of claimant's primary care physician's "restriction on claimant's hands" resulted in improper discounting of the medical opinion. Vacated and remanded.

  • United States v. Lucidonio

    Publication Date: 2023-11-13
    Practice Area: Tax
    Industry: Federal Government | Food and Beverage | Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-211

    Both parties sought adjustments to portions of the presentence investigation reports after defendants pled guilty to conspiracy to defraud the United States and court found it defied belief for one defendant to assert he lacked the mental capacity to understand the systemic and substantial underreporting of payroll taxes and diversion of funds, agreed with probation officer's calculation of the payroll and income tax losses and found the estimate of loss was realistic. Motion granted and denied.

  • McNichol v. United States

    Publication Date: 2023-11-13
    Practice Area: Personal Injury
    Industry: Federal Government | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Murphy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2990

    Government moved for partial summary judgment on the issue of damages for lost wages or lost income potential in plaintiff's negligence action and court found government advanced no authority to show that lost wages or lost earning potential were entirely foreclosed by plaintiff's decision not to seek work. Motion denied.