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Eastern District of Pennsylvania
The most recent opinions.
The most recent opinions from the United States District Court for the Eastern District of Pennsylvania.
Opinion 1:12d0515p.pdf    Size (bytes): 115315    Updated: 05/18/2012
JOSEPH N. TURTURRO, ADMINISTRATOR : OF THE ESTATE OF ADAM B. BRADDOCK, : DECEASED : CIVIL ACTION v. : NO. 10-2460 UNITED STATES OF AMERICA, FEDERAL : AVIATION ADMINISTRATION, ET AL. : CHARLES ANGELINA, INDIVIDUALLY : AND AS PERSONAL REPRESENTATIVE OF : THE ESTATE OF CHARLES ANTHONY : ANGELINA, DECEASED, ET AL. : CIVIL ACTIOadministrator of Braddock’s estate, and Plaintiffs Charles and Virginia Ang ...

Opinion 2:12d0514p.pdf    Size (bytes): 34954    Updated: 05/18/2012
MARINA KEE, : CIVIL ACTION : NO. 11-7789 Plaintiff, : : v. : : ZIMMER, INC. : : Defendant. : M E M O R A N D U M EDUARDO C. ROBRENO, J. MAY 17, 2012 Defendant prescription medical device manufacturer moved to dismiss Counts I-VII and IX because, inter alia, Pennsylvania law does not impose liability for harm caused by a prescription device manufacturer under theories not based on negligence. For th ...

Opinion 3:12d0513p.pdf    Size (bytes): 79559    Updated: 05/18/2012
MARIE PIERRE DESERNE : CIVIL ACTION NO. 10-03694 v. : MADLYN AND LEONARD : ABRAMSON CENTER FOR : JEWISH LIFE, INC. : O’NEILL, J. May 17, 2012 MEMORANDUM Now before me is a motion for summary judgment filed by defendant Madlyn and Leonard Abramson Center for Jewish Life, Inc. For the reasons that follow, I will grant defendant’s motion. BACKGROUND Plaintiff Marie Pierre Deserne claims that defendant, her former employ ...

Opinion 4:12d0512p.pdf    Size (bytes): 72234    Updated: 05/18/2012
XIA ZHAO and DAVID EHRMANN, Plaintiffs, v. SKINNER ENGINE COMPANY et al. Defendants. CIVIL ACTION NO. 11-7514 MEMORANDUM YOHN, J. May 16, 2012 Xia Zhao and David Ehrmann, husband and wife, have filed a motion to remand this products-liability action to the Court of Common Pleas of Philadelphia County, where they originally filed the action. Plaintiffs, residents of Pennsylvania, commenced this action in stat ...

Opinion 5:12d0511p.pdf    Size (bytes): 73032    Updated: 05/18/2012
SAM HARGROVE, et al. Plaintiffs, v. COMMONWEALTH OF PENNSYLVANIA, et al. Defendants. CIVIL ACTION NO. 11-7744 MEMORANDUM OPINION Tucker, J. May _ 2012 Presently before the Court is a Motion to Dismiss Plaintiffs’ Complaint by Defendant, the Commonwealth of Pennsylvania. (Doc. 3. Upon careful consideration of Defendant’s submissions, and for the reasons set forth below, Defendant’s Motion will be granted. I. ...

Opinion 6:12d0510p.pdf    Size (bytes): 40623    Updated: 05/18/2012
PETER MOMOT, individually and as Administrator of the Estate of Mark Momot, Plaintiff, v. CITY OF PHILADELPHIA, POLICE COMMISSIONER CHARLES RAMSEY, THE PHILADELPHIA POLICE DEPARTMENT, and PHILADELPHIA POLICE OFFICERS JOHN/JANE DOE 1-5, Defendants. CIVIL ACTION NO. 11-cv-7806-JD DuBOIS, J. May 16, 20122 Defendants have filed a Motion to Dismiss Counts III, IV and V and All Claims Against Commissioner ...

Opinion 7:12d0509p.pdf    Size (bytes): 56582    Updated: 05/17/2012
UNITED STATES OF AMERICA v. LEROY TAYLOR CRIMINAL ACTION NO. 91-634-01 MEMORANDUM YOHN, J. May 16, 2012 Currently before me is defendant Leroy Taylor’s motion for a reduction of his sentence under 18 U.S.C. § 3582(c)2) For the reasons that follow, I will deny his motion. On July 9, 1992, a jury found Taylor guilty of two counts of possession with intent to distribute cocaine base (crack” in violation of 21 U. ...

Opinion 8:12d0508p.pdf    Size (bytes): 119773    Updated: 05/17/2012
MARBLELIFE, INC. Plaintiff, v. STONE RESOURCES, INC. Defendant. CIVIL ACTION NO. 10-2480 Tucker, J. May _ 2012 MEMORANDUM OPINION Presently before the Court are Plaintiff’s Renewed Motion for Contempt (Doc. 67) and the Response in Opposition thereto (Doc. 68) For the reasons set forth herein, and upon consideration of the evidence presented at the contempt hearing before this Court on March 15-16, 2012 and A ...

Opinion 9:12d0507p.pdf    Size (bytes): 138432    Updated: 05/17/2012
NORDETEK ENVIRONMENTAL, : CIVIL ACTION INC. et al. : : v. : : RDP TECHNOLOGIES, INC. : NO. 09-4714 MEMORANDUM Dalzell, J. May 16, 2012 As we noted in an earlier memorandum, see Nordetek Envtl. Inc. v. RDP Tech. Inc. 677 F. Supp. 2d 825 (E.D. Pa. 2010) this case arises from the venom between two brothers, Paul G. (Paul” and Richard (Dick” Christy. Together for decades they ran a successful company, RDP Technologies, Inc. ...

Opinion 10:12d0506p.pdf    Size (bytes): 137549    Updated: 05/17/2012
MOHAMMED UDDIN, et al. : Plaintiffs, : CIVIL ACTION v. : NO. 06-5275 ALEJANDRO MAYORKAS, DIRECTOR : OF THE BUREAU OF CITIZENSHIP : AND IMMIGRATION SERVICES, et al. : 1 Defendants. : May _15_ 2012 Anita B. Brody, J. MEMORANDUM Plaintiffs Mohammed and Arshia Uddin, husband and wife, bring suit against 2 Defendants Alejandro Mayorkas, Director of U.S. Citizenship and Immigration Services USCIS” Perry Rhew, Director of th ...

Opinion 11:12d0505p.pdf    Size (bytes): 59353    Updated: 05/17/2012
UNITED STATES OF AMERICA : CRIMINAL ACTION v. : ZAVKIBEG ASHUROV : NO. 11-533 MEMORANDUM Bartle, J. May 16, 2012 The court has before it the renewed motion of defendant Zavkibeg Ashurov (Ashurov" for judgment of acquittal under Rule 29 of the Federal Rules of Criminal Procedure. 1 The superseding indictment charged that: On or about April 22, 2010, in Trevose, in the Eastern District of Pennsylvania, the defendant, ZA ...

Opinion 12:12d0504p.pdf    Size (bytes): 42355    Updated: 05/16/2012
HETTY A. VIERA, as the : CIVIL ACTION executrix of THE ESTATE OF : NO. 09-3574 FREDERICK A. VIERA, and HETTY : A. VIERA, individually, : : Plaintiff, : : v. : : LIFE INSURANCE COMPANY OF : NORTH AMERICA, : : Defendant. : M E M O R A N D U M EDUARDO C. ROBRENO, J. May 14, 2012 I. INTRODUCTION Plaintiff Hetty Viera (Plaintiff” brings this action pursuant to the Employee Retirement Income a2 review of Defendant’s d ...

Opinion 13:12d0503p.pdf    Size (bytes): 24637    Updated: 05/16/2012
UNITED STATES OF AMERICA : CRIMINAL ACTION : NO. 06-710 : v. : CIVIL ACTION : NOs. 08-1532 & 07-3533 : : CHRISTOPHER YOUNG : M E M O R A N D U M EDUARDO C. ROBRENO, J. MAY 15, 2012 Christopher Young (Petitioner” is a federal prisoner incarcerated at the Federal Correctional Institution Elkton in Lisbon, Ohio. Before being sentenced, Petitioner filed two separate pro se motions for habeas corpus asserting tha ...

Opinion 14:12d0502p.pdf    Size (bytes): 17447    Updated: 05/16/2012
UNITED STATES OF AMERICA : CRIMINAL ACTION : NO. 08-13 : v. : CIVIL ACTION : NO. 11-5137 : : CHARLES HINES : M E M O R A N D U M EDUARDO C. ROBRENO, J. MAY 14, 2012 Charles Hines (Petitioner” is a federal prisoner incarcerated at the Federal Correctional Institution in White Deer, Pennsylvania. On August 11, 2011, Petitioner filed a pro se motion to vacate, set aside, or correct his sentence, pursuant to ...

Opinion 15:12d0501p.pdf    Size (bytes): 147594    Updated: 05/16/2012
K.S.S. : Plaintiff, : CIVIL ACTION v. : MONTGOMERY COUNTY BOARD OF : NO. 12-816 COMMISSIONERS, MONTGOMERY COUNTY : OFFICE OF CHILDREN AND YOUTH, : COUNTY OF MONTGOMERY, and : THOMAS D. DIAMOND, : Defendants. : MEMORANDUM BUCKWALTER, S. J. May 14, 2012 Currently pending before the Court is the Motion of Defendants Montgomery County Board of Commissioners, Montgomery County Office of Children and Youth, and County ...

Opinion 16:12d0500p.pdf    Size (bytes): 78633    Updated: 05/16/2012
STEVEN GUCCIARDI and REGINA : GUCCIARDI, h/w, : CIVIL ACTION Plaintiffs, : v. : NO. 12-932 BONIDE PRODUCTS, INC. LOWE’S : COMPANIES, INC. d/b/a LOWE’S : HOME IMPROVEMENT WAREHOUSE, : LOWE’S, LOWE’S d/b/a LOWE’S OF : NORTH WILMINGTON DELAWARE, : NATIONWIDE CHEMICAL PRODUCTS, : INC. and NCP OF NORTHWEST : OHIO, INC. : Defendants. : MEMORANDUM BUCKWALTER, S.J. May 14, 2012 Currently pending before the Court is a Motion ...

Opinion 17:12d0499p.pdf    Size (bytes): 84781    Updated: 05/16/2012
UNITED STATES OF AMERICA : CRIMINAL ACTION v. : STEVEN ALLEN SCHWARTZ : NO. 04-231 MEMORANDUM Bartle, J. May 15, 2012 Before the court is the motion of defendant Steven Schwartz (Schwartz" to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Schwartz was convicted by a jury on November 18, 2004 of two counts of bank fraud in violation of 18 U.S.C. § 1344 and seven counts of wire fraud in violation of ...

Opinion 18:12d0498p.pdf    Size (bytes): 83086    Updated: 05/16/2012
JOHN WINDLE, : CIVIL ACTION Plaintiff, : NO. 11-1871 : v. : DOUGLAS P. EARL, : Defendant. : OPINION Slomsky, J. May 14, 2012 I. INTRODUCTION This action is based on diversity of citizenship jurisdiction and involves a breach of contract claim between Plaintiff John Windle (Plaintiff” and Defendant Douglas P. Earl, Esquire (Defendant” Presently before the Court is Defendant’s Motion to Dismiss pursuant to Federal Rule ...

Opinion 19:12d0497p.pdf    Size (bytes): 66042    Updated: 05/16/2012
UNITED STATES OF AMERICA : v. : CRIMINAL NO. 07-198-01 LAMAR BROWN : MEMORANDUM Norma L. Shapiro, J. May 14, 2012 Presently before the court is a paper sent by defendant, received by the court on April 2, 2012, and captioned “Letter/Motion” (paper no. 41) The court deems this a Motion to Vacate, Set Aside, or Correct Sentence. On November 14, 2008, defendant was sentenced to 88 months as follows: 28 months on Count I: ...

Opinion 20:12d0496p.pdf    Size (bytes): 38422    Updated: 05/15/2012
1- UNITED STATES OF AMERICA v. JAMES ROBINSON CRIMINAL ACTION NO. 09-473 DuBOIS, J. May 14, 2012 M E M O R A N D U M I. INTRODUCTION Defendant James Robinson was charged by Superseding Indictment with possession with intent to distribute cocaine base (cra2- grams, of crack cocaine, in violation of 21 U.S.C. § 841(a)1) (b)1)B)iii) Defendant’s trial took place from April 23, 2012, to April 26, 2012. The ...

Opinion 21:12d0495p.pdf    Size (bytes): 69427    Updated: 05/15/2012
: UNITED STATES OF AMERICA : CRIMINAL ACTION : vs. : : NO. 08-77 RODNEY LAW : : DuBOIS, J. May 11, 2012 M E M O R A N D U M I. INTRODUCTION Defendant Rodney Law is serving a 130-month sentence in federal custody for his conviction of possession of cocaine base (crack” with intent to distribute. Presently before the Court is defendant’s pro se Motion Under 28 U.S.C. § 2255 to Vacate, SeA. Federal Proceedings A ...

Opinion 22:12d0494p.pdf    Size (bytes): 28893    Updated: 05/15/2012
JAMES CABLE and DENISE CABLE, Plaintiffs, v. ALLIED INTERSTATE, INC. Defendant. CIVIL ACTION NO. 12-cv-96-JD DuBOIS, J. May 11, 2012 M E M O R A N D U M I. INTRODUCTION In this case, Plaintiffs filed suit against defendant for violations of the Fair Debt Collection Practices Act (FDCPA” 15 U.S.C. § 1692d and 1692f, and state-2 consumers to call certain toll-free telephone numbers regarding their all ...

Opinion 23:12d0493p.pdf    Size (bytes): 107796    Updated: 05/14/2012
UNITED STATES OF AMERICA : CRIMINAL NO. 08-614-1 v. : CIVIL NO. 12-1538 HABEEB MALIK : SURRICK, J. MAY 11 , 2012 MEMORANDUM Presently before the Court is Petitioner Habeeb Malik pro se Motion Under 28 U.S.C. § 1 2255 to Vacate, Set Aside or Correct Sentence. (ECF No. 203. For the following reasons, Petitioner’s Motion will be denied. I. BACKGROUND Petitioner was indicted by a federal grand jury on sixteen counts rela ...

Opinion 24:12d0492p.pdf    Size (bytes): 54980    Updated: 05/14/2012
CHRISTOPHER WASHINGTON : CIVIL ACTION : v. : : LEO HANSHAW, et al. : NO. 11-254 MEMORANDUM McLaughlin, J. May 11, 2012 This case arises from the plaintiff’s arrest on February 23, 2005. The plaintiff was stopped by four Upper Darby Township police officers looking for a robbery suspect and taken into custody after the officers could not confirm his identity. He alleges that the officers lacked probable cause to arrest h ...

Opinion 25:12d0491p.pdf    Size (bytes): 245291    Updated: 05/14/2012
IN RE: WELLBUTRIN XL : CIVIL ACTION ANTITRUST LITIGATION : NO. 08-2431 (direct) NO. 08-2433 (indirect) MEMORANDUM McLaughlin, J. May 11, 2012 TABLE OF CONTENTS Page I. Legal and Factual Background. . . . . . . . . . . . . . . 2 A. The Drug Approval Process and Regulatory Framework. . 2 B. The Citizen Petition Process. . . . . . . . . . . . . 4 C. Wellbutrin IR, Wellbutrin SR, and Wellbutrin XL. . . 5 D. Noerr-Penning ...

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