Case law

Finizie v. Peake

548 F. Supp. 2d 171 · District Court, E.D. Pennsylvania · Apr 16, 2008

If it does so, Finizie has the burden to establish that the proffered reason is pretext for discrimination. … that Finizie had carried her burden either as to the establishment of a prima facie case or as to pretext.

Trinsey v. COM. OF PA., DEPT. OF STATE

766 F. Supp. 1338 · District Court, E.D. Pennsylvania · Jun 10, 1991

This is especially true here, since the framers of the Amendment clearly knew how to provide for an otherwise unconstitutional act. … Tashjian , however, clearly applies the same principle to states in which either party could win the election.

Baker v. Railroad Yardmasters of America

347 F. Supp. 215 · District Court, E.D. Pennsylvania · Aug 18, 1972

The pivotal issue in this dispute is establishing the status quo at the time of the Section 6 notice. … Clearly the two instances of programming out of work do not demonstrate a “pattern of conduct,” St.

Katchur v. Thomas Jefferson Univ.

354 F. Supp. 3d 655 · District Court, E.D. Pennsylvania · Jan 18, 2019

According to Plaintiff, the Complaint clearly alleges that Dr. … qualified under Title VI.

Imes v. Philadelphia Housing Authority

928 F. Supp. 526 · District Court, E.D. Pennsylvania · Apr 30, 1996

. § 1983 : Section 1983 provides a cause of action for the “deprivation of any rights, privileges, *529 or immunities secured by the Constitution and laws of the United States.” In Maine v. … Therefore, the statute and regulations relied upon by Plaintiffs establish only their right to a lease with certain clauses.

BATCHELOR v. SPAGNOLETTI

District Court, E.D. Pennsylvania · Feb 21, 2025

We need not address the qualified immunity arguments. The Officers move for summary judgment on a qualified immunity theory. … Qualified immunity shields officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”112 Our Court of

Jaramillo v. Experian Information Solutions, Inc.

155 F. Supp. 2d 356 · District Court, E.D. Pennsylvania · Jun 20, 2001

First, plaintiff contends that section 1681t should be read in conjunction with section 1681h(e), which provides only a qualified immunity for credit reporting agencies, users, and furnishers, from suit in defamation, invasion … The plain language of section 1681t(b)(l)(F) clearly eliminated all state causes of action against furnishers of information, not just ones that stem from statutes that relate specifically to credit reporting.

Latch v. Southeastern Pennsylvania Transportation Authority

984 F. Supp. 317 · District Court, E.D. Pennsylvania · Nov 12, 1997

Standards Governing Motions for Summary Judgment The legal standards and principles to be followed by the district courts in resolving motions for summary judgment are clearly set forth in Fed.R.Civ.P. 56. … To qualify for relief and state a prima facie case under these acts, the plaintiff must establish:(l) that he is a disabled person within the meaning of the Act; (2) that he is qualified to perform the job at issue; that

Rome v. Eltra Corporation

297 F. Supp. 314 · District Court, E.D. Pennsylvania · Feb 5, 1969

It is the position of FNCB that a national bank may be sued only where it is established; and, as a bank is “established” only in the place specified in its charter as its principal place of business, since FNCB has its principal … Alternatively, plaintiffs argue that Congress clearly evidenced an intention that the venue provision of the Trust Indenture Act of 1939 should apply to all indenture trustees, including national banks, and to the extent

Winterberg v. CNA Insurance

868 F. Supp. 713 · District Court, E.D. Pennsylvania · Oct 25, 1994

Cos., 531 Pa. 261 , 612 A.2d 421 (1992). 9 In Kuney , an employee who had been injured on the job alleged that his employer’s compensation insurance carrier refused to pay any benefits despite its knowledge that he was clearly … Rather, they have found that § 8371 establishes a separate .and independent cause of action. See, e.g., Margolies, 810 F.Supp. at 642 ; March, 646 A.2d at 1256-57 .

CARROLL v. ANDERS

District Court, E.D. Pennsylvania · Mar 25, 2020

or federal right.”113 “A right is clearly established for qualified immunity purposes where its contours are ‘sufficiently clear that a reasonable official would understand that what he is doing violates that right.’ … Carroll does not have a “clearly established” due process right required to defeat Chief Anders’ claim of qualified immunity. B. Mr.

DELGADO

District Court, E.D. Pennsylvania · Dec 16, 2025

CPA has failed to establish a waiver of sovereign immunity for actions to appoint a conservator over properties under Act 135. … Without an existing interest in the Property, Petitioner cannot rely on § 2410(a) to establish a waiver of sovereign immunity. Hunter, 2018 WL 2009559, at *3.

Baker v. Lehman

932 F. Supp. 666 · District Court, E.D. Pennsylvania · Jun 28, 1996

immunities guaranteed by the Constitution. 5 Estelle v. … The defendants do not contest that the plaintiffs injuries were sufficiently serious to qualify as cruel and unusual punishment.

Bronstein v. Philadelphia Fair Housing Commission

488 F. Supp. 1357 · District Court, E.D. Pennsylvania · May 1, 1980

Nor do plaintiffs clearly point to specific funds within the agency’s control that have been earmarked as a source of recovery for claims of this type. … A judgment for costs when taxed against the Government shall, in an amount established by statute or court rule or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by him in

Peterson v. Philadelphia Stock Exchange

717 F. Supp. 332 · District Court, E.D. Pennsylvania · Jul 28, 1989

Ross move for dismissal based on the argument that the Exchange is immune from the anti-trust laws. … Without question, immunity will be implied "where there is a ‘plain repugnancy between the antitrust and regulatory provisions.’ ” Gordon v.

Commonwealth v. O'Neill

100 F.R.D. 354 · District Court, E.D. Pennsylvania · Nov 17, 1983

Neither the 1982 entrance examination, nor the current lieutenant’s examination is immune from attack on racial-discrimination grounds. … Establishment of recruitment offices in various neighborhoods of Philadelphia; (d) .

Johnson v. United States

607 F. Supp. 347 · District Court, E.D. Pennsylvania · Mar 27, 1985

The government has filed a sworn declaration of Special Agent Butler that establishes all of the requisite elements of a prima facie case for enforcement of the summons. … The petition here is virtually identical to the ones filed in Uhrig, Smith, and Byasse, copies of which are attached to the government’s brief. 2 Each argument raised by the petitioner in the case at bar has been clearly

Burgos v. City of Philadelphia

270 F. Supp. 3d 788 · District Court, E.D. Pennsylvania · Sep 6, 2017

some adverse action at the hands of the prison officials; and (3) his constitutionally protected conduct was a substantial or motivating factor’ in the decision to take that action.” 35 The use of a prison grievance system qualifies … The individual Defendants also argue that they are entitled to qualified immunity because the Supreme Court’s 2009 decision in Ashcroft v.

Oburn v. Shapp

393 F. Supp. 561 · District Court, E.D. Pennsylvania · Mar 5, 1975

The defendant Pennsylvania State Police shall establish an eligibility list of qualified applicants for hiring for each State Police Academy class and shall rank such applicants in the manner specified in paragraph 1.2 and … The plaintiffs have not shown: (1) that the established interim qualifications do not ensure competent policemen; (2) that differences in scores above the qualified level are in any way indicative of a better potential policeman

Compton v. National League of Professional Baseball Clubs

995 F. Supp. 554 · District Court, E.D. Pennsylvania · Feb 17, 1998

Frequently, Compton was named umpire crew chief, a position assigned to the most qualified of umpires. (Id. ¶ 23(a)). … qualified for the position, and 3) that by his discharge, he was treated less favorably than minorities possessing inferior qualifications.