Case law

Swierkowski v. Consolidated Rail Corp.

168 F. Supp. 2d 389 · District Court, E.D. Pennsylvania · Apr 3, 2001

Plaintiff as a Qualified Individual With A Disability Under the Rehabilitation Act The second prong of a prima facie case under the Rehabilitation Act requires plaintiff to establish that he “is otherwise qualified to perform … Instead, plaintiff argues he was clearly restricted to, and clearly sought, only sedentary work at Conrail. Ex. P-1, pp. 63, 97, 134, 164.

United States v. Caserta

104 F. Supp. 661 · District Court, E.D. Pennsylvania · May 14, 1952

The defendant asked the Court to make certain mathematical calculations and determine as a matter of law that no case had been established against the defendant. … Squier, 9 Cir., 132 F.2d 681 contending that that case supports the proposition that on a proper claim of privilege and constitutional immunity from testifying against himself a Selective Service questionnaire marked confidential

Gindraw v. Dendler

967 F. Supp. 833 · District Court, E.D. Pennsylvania · Jul 3, 1997

. § 1985 by depriving plaintiff of the privileges, immunities and equal protection guaranteed by the Constitution and laws of the United States. … However, plaintiff signed a consent form on September 13, 1997 that clearly states tooth fourteen was to be extracted. Records, at 2 (Consent to Operation or Other Medical Procedure).

National Ass'n for the Advancement of Colored People State Conference v. Cortes

591 F. Supp. 2d 757 · District Court, E.D. Pennsylvania · Oct 29, 2008

On this prong of the test, plaintiffs clearly prevail. VI. Finally, we must determine whether the granting of a preliminary injunction here is in the public interest. … The Pennsylvania Election Code defines an "election district” to mean a district, division or precinct, established in accordance with the provisions of this act, within which all qualified electors vote at one polling place

MCINTYRE v. LICIARDELLO

District Court, E.D. Pennsylvania · Feb 7, 2020

My immunity determination turns on whether those rights were “clearly established.” … As bad, counsel urges that because— according to the Officers—their actions did not violate “a clearly established law,” they are protected by qualified immunity. (Id. at 21.)

In re Reliance Standard Life Ins. Co.

386 F. Supp. 3d 505 · District Court, E.D. Pennsylvania · Jun 24, 2019

At issue in Yates was whether a working owner of a business could qualify as a "participant" in a pension plan for purposes of bringing claims under ERISA. Yates , 541 U.S. at 11 , 124 S.Ct. 1330 . … The decision's primary focus turned on statutory context, where "ERISA's text contains multiple indications that Congress intended working owners to qualify as plan participants." Id. at 12 , 124 S.Ct. 1330 .

Johnson v. Folino

671 F. Supp. 2d 658 · District Court, E.D. Pennsylvania · Nov 23, 2009

First, since Robles clearly does not qualify as an individual acting on behalf of the Commonwealth, there was no duty on behalf of the Commonwealth to discover such evidence. … Although futility clearly establishes that exhaustion is excused in this circumstance, the Court could alternatively find that because the claims were presented before the Pennsylvania state courts, although not ruled upon

Egervary v. Rooney

80 F. Supp. 2d 491 · District Court, E.D. Pennsylvania · Jan 21, 2000

The first two defenses can be established by a preponderance of the evidence; the last two must be established by clear and convincing evidence. Id.; 42 U.S.C. § 11603 (e)(2). … Via, 821 F.2d 913, 921 (2d Cir.1987) (in a Section 1983 suit brought by a mother whose children were removed from her custody without prior notice, “it was clearly established that a parent’s interest in the custody of his

Sharon v. Larson

650 F. Supp. 1396 · District Court, E.D. Pennsylvania · Dec 30, 1986

An epileptic may drive only if a licensed physician certifies that his condition falls within one of several clearly defined categories. 67 Pa.Code § 83.4 (1986). … For the above reasons, plaintiff has failed to establish that he is “otherwise qualified” to operate a motor vehicle.

DAVIS v. SCHMEHL

District Court, E.D. Pennsylvania · Sep 3, 2024

Since it is apparent that Davis’s claims are based on Judge Schmehl’s handling of Davis’s cases, Civil Action Numbers 19-2905 and 24-1563, Judge Schmehl is clearly entitled to absolute judicial immunity. … that her claims fall within the narrow exceptions to judicial immunity).

Adams Outdoor Adver. Ltd. P'ship v. Pa. Dep't of Transp.

307 F. Supp. 3d 380 · District Court, E.D. Pennsylvania · Feb 9, 2018

Richards argues that qualified immunity shields her from liability for civil damages because there is no Pennsylvania Supreme Court or Third Circuit authority clearly establishing that any part of the Act is unconstitutional … City of Pittsburgh , 613 F.3d 380 , 394 (3d Cir. 2010) (finding that the plaintiff had "clearly failed to establish that it is similarly situated to those entities whose signs have been approved"); McClure v.

Design & Development, Inc. v. Vibromatic Manufacturing, Inc.

58 F.R.D. 71 · District Court, E.D. Pennsylvania · Jan 17, 1973

Lumish’s claim that he relied on the representations of Vibromatic’s attorney that he “had nothing to worry about” does not clearly qualify as a ground for relief from judgment, see Webb Sons Co., Inc. v. Webber, 23 Pa. … the law favors disposition of claims on the merits, the reason advanced might be accepted as justification for the exercise of the court’s discretion to open the judgment if, in fact, defendant’s motion sets forth facts establishing

In Re C. D. Moyer Co. Trust Fund

441 F. Supp. 1128 · District Court, E.D. Pennsylvania · Oct 28, 1977

I PBGC is a United States Government corporation established under section 4002 of ERISA ( 29 U.S.C. § 1302 ) to administer the mandatory pension plan termination insurance program in Title IV of ERISA. § 4002(a) ( 29 U.S.C … The Internal Revenue Code at 26 U.S.C. §§ 401 (b) and 411(a)(10) does allow for pension plans qualified under section 401(a) to be amended.

Buckles v. Weinberger

398 F. Supp. 931 · District Court, E.D. Pennsylvania · Aug 1, 1975

For qualified recipients, welfare provides the means to obtain essential food, clothing, housing, and medical care. Cf. Nash v. … They will be mailed to you automatically every month for as long as you [qualify] and will be at least as much as you receive in December.

Spodek v. United States

26 F. Supp. 2d 750 · District Court, E.D. Pennsylvania · Dec 1, 1998

. § 409 (a), which waives sovereign immunity for actions involving the USPS. … Lader, 56 F.3d 234, 241 (D.C.Cir.1995) (holding that the precisely drawn CDA preempts more general grants of jurisdiction, and provides for uniquely qualified fora for the resolution of certain contractual disputes, unless

Junior Spice, Incorporated v. Turbotville Dress, Inc.

339 F. Supp. 1189 · District Court, E.D. Pennsylvania · Mar 9, 1972

More specifically, it has been fairly established that under the venue statute, an individual can be a resident of one district only. See, Pacific Mutual Life Ins. Co. v. … From the point of view of such matters as the availability and convenience of witnesses and the facility of a jury view '(if necessary), the Eastern District is clearly an inconvenient forum.

McCool v. City of Philadelphia

494 F. Supp. 2d 307 · District Court, E.D. Pennsylvania · Jun 27, 2007

The contours of this right, however, are not clearly defined. … ] on the exercise of ... the right to travel” because they "penalize those persons who have traveled from one place to another to establish a new residence during the qualifying period.

Rosenbluth v. Hudson Motor Car Co.

265 F. 680 · District Court, E.D. Pennsylvania · May 10, 1920

The defendant, therefore, clearly had a regular and established place of business in Detroit, and his employé in charge was his agent engaged in conducting such business. … The bearing of the term “sales agent” on tire relation of agency is discussed in Mechem on Sales, § 44, cited by defendant, as follows: “A qualified form of ‘agency,’ which has grown up in modern times, is that which exists

BROWN v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Apr 17, 2024

“[W]hether a prosecutor is entitled to absolute immunity depends on whether she establishes that she was functioning as the state’s ‘advocate’ while engaging in the alleged conduct that gives rise to the constitutional … The Pennsylvania Supreme Court has held that District Attorneys and Assistant District Attorneys qualify as a high official for purposes of immunity.”) (internal citations omitted); Wilson v.

Benner v. Bank of America, N.A.

917 F. Supp. 2d 338 · District Court, E.D. Pennsylvania · Jan 7, 2013

A loan servicer is permitted to “establish a separate and exclusive office and address for the receipt and handling of qualified written requests” from borrowers. 24 C.F.R. § 3500.21 (e)(1). … Here, Defendant Bank of America clearly notified Plaintiff that any qualified written requests must be sent to its office in Simi Valley, California.