Case law

Booth v. Pence

354 F. Supp. 2d 553 · District Court, E.D. Pennsylvania · Jan 24, 2005

DOC defendants also argue that they are entitled to qualified immunity. … Because Booth fails to show that defendants' conduct violated a constitutional right, defendants are indeed entitled to qualified immunity under the first prong of the two-part inquiry set out by Saucier v.

Acevedo v. City of Philadelphia

680 F. Supp. 2d 716 · District Court, E.D. Pennsylvania · Jan 21, 2010

United Parcel Serv., Inc., 574 F.3d 169, 191 (3d Cir.2009) (emphasis in original); see also Donahue, 224 F.3d at 229 (holding that a plaintiff must establish that “he or she is otherwise qualified to perform the essential … The Medical Director clearly notified Plaintiff of his appointment time.

Massachusetts School of Law at Andover, Inc. v. American Bar Ass'n

937 F. Supp. 435 · District Court, E.D. Pennsylvania · Aug 29, 1996

Courts have had several opportunities to flush out the extent of Noerr immunity in various contexts. In Lawline v. … The council was concerned that MSL was matriculating unqualified students so as to finance its more qualified ones.

Ficklin v. Sabatini

383 F. Supp. 1147 · District Court, E.D. Pennsylvania · Sep 27, 1974

Federal employees may pursue claims of discrimination before the employing agency and then the Commission in an adversary context and in accordance with clearly defined standards and procedures. … However, the defendants assert that plaintiffs’ claims for relief under § 1981 are barred by the defense of sovereign immunity and by the plaintiffs’ failure to exhaust available administrative remedies.

Smith v. Wood

649 F. Supp. 901 · District Court, E.D. Pennsylvania · Sep 17, 1986

Plaintiff’s claim clearly poses the type of factual situation anticipated by the court in Lugar . II. … Pulliam itself recognizes the distinction between judicial immunity and the absence of an Article III “case or controversy.”

In re Flanigan

228 F. 339 · District Court, E.D. Pennsylvania · Dec 15, 1915

speaking, is subject to the claims of creditors. [2, 3] The laws of Pennsylvania provide that insurance taken out on the life of the husband, for the benefit of or bona fide assigned to his wife or other dependent relative, is immune … Consent would, of course, confer jurisdiction; but we clearly are not justified in finding such consent. The wife has consistently stood upon the assertion of what she deems her rights.

NATIVIDAD v. RALEY

District Court, E.D. Pennsylvania · Nov 9, 2023

In contrast, prosecutors are entitled only to qualified immunity for actions taken in an investigative or administrative capacity. Kulwicki v. … Put another way, to earn absolute immunity, the defendants must show the conduct triggering absolute immunity “clearly appear[s] on the face of the complaint.” Id. (quoting Wilson v.

Barley v. Fox Chase Cancer Center

46 F. Supp. 3d 565 · District Court, E.D. Pennsylvania · Sep 3, 2014

To make out a prima facie case of discrimination under the ADA or PHRA, a plaintiff must establish that she (1) has a disability, (2) is a qualified individual, and (3) has suffered an adverse employment action because of … Barley urges that we find her application for Social Security disability benefits' was not clearly inconsistent with her ADA claims. Id. at 18.

Jacoby v. Bethlehem Suburban Motor Sales

820 F. Supp. 2d 609 · District Court, E.D. Pennsylvania · May 17, 2011

The only act of alleged discrimination which clearly took *616 place after March 15, 2008 is Plaintiffs termination. As such, this act is not time barred. … See West, 45 F.3d at 754-55 (stating that after establishing one occurrence of the act within the time period “the plaintiff must establish that the harassment is ‘more than the occurrence of isolated or sporadic acts of

Sherrod v. Philadelphia Gas Works

209 F. Supp. 2d 443 · District Court, E.D. Pennsylvania · Mar 29, 2002

to a less qualified applicant.” … To the extent that her resignation was undertaken in reaction to a job with which she was unhappy, it was clearly a voluntary act.

Taksir v. Vanguard Group, Inc.

273 F. Supp. 3d 539 · District Court, E.D. Pennsylvania · Aug 9, 2017

It is also sweeping and unprecedented, and, if adopted, would effectively immunize securities brokers from breach-of-contract class actions brought by their customers. … And while the Court has no doubt that Rowinski is still good law, the Third Circuit has yet to revisit the framework established in that case in light. of Twice.

Shenandoah v. City of Philadelphia

438 F. Supp. 981 · District Court, E.D. Pennsylvania · Dec 20, 1976

The question is whether the widow in this case qualifies as a surviving spouse. … There is no impediment to his qualifying, under § 4-1.1, as a distributee of his deceased father. 14 The evidence presented at the hearing of September 29 establishes to my satisfaction that Marcus sustained a pecuniary injury

United States v. Singleton

252 F. Supp. 3d 423 · District Court, E.D. Pennsylvania · Apr 26, 2017

As with the earlier statute, a conviction under this one would qualify as an ACCA offense if it involved unlawful entry, but would not so qualify if it involved lawful entry. Id. … Stated differently, the question is whether the court can isolate the conviction to qualifying violent elements alone, to the exclusion of lesser, non-qualifying conduct.

Willis v. Norristown Area School District

2 F. Supp. 3d 597 · District Court, E.D. Pennsylvania · Feb 20, 2014

Plaintiff must still establish the second element: that he was qualified to perform the essential functions of the job, with or without reasonable accommodations by the employer. Id. at 772 . i. … To establish that an accommodation is reasonable, plaintiff bears the burden of showing that the accommodation’s cost does not “clearly exceed” its benefit. Id.

Hodges v. Sunrise Senior Living Management Inc.

District Court, E.D. Pennsylvania · Feb 21, 2023

Immunity Under 35 Pa.C.S. § 7101 Finally, Defendants contend that they are immune from Plaintiff’s claims under 35 Pa.C.S. § 7101, et seq. and the Public Readiness and Emergency Preparedness … of the Complaint entitled them to PREP Act immunity.

May v. Hobart Corp.

839 F. Supp. 309 · District Court, E.D. Pennsylvania · Aug 25, 1993

Yet it is .not clear that Burdine actually established the latter rule. … May has established, by a preponderance of the evidence, that the reasons Hobart has given for Mr.

First National Bank v. Smith

141 F. Supp. 722 · District Court, E.D. Pennsylvania · May 29, 1956

Pool died on April 17, 1948, and plaintiff herein duly qualified as Executor under his will. … The evidence establishes that the division of the 25% profit was to be in exact accord with the proportionate investment of each of the three investors in the project.

Nevin, Inc. v. Rothensies

58 F. Supp. 460 · District Court, E.D. Pennsylvania · Jan 5, 1945

This is the one single element that is clearly in the defendant’s favor. Concededly it is an important one. As against it, every other factor points the other way. … The right to select employees and supervise their conduct in the business, though qualified by the plaintiff’s veto power, was in the licensees.

Coral Aviation Group v. Muller, Jr.

District Court, E.D. Pennsylvania · Aug 21, 2024

Therefore, the private defendants in this case enjoy immunity to the same extent as the RRAA.12 Having established that the defendants may be under the Hallie umbrella, we must now turn to whether … Plaintiffs counter that to enjoy Parker immunity, the state policy and its anticompetitive effects must be more clearly articulated. For instance, plaintiff points to Yeager’s Fuel, Inc. v. Penn.

Porter v. Mid-Penn Consumer Discount Co. (In Re Porter)

129 B.R. 397 · District Court, E.D. Pennsylvania · Jun 28, 1991

To satisfy Regulation Z’s disclosure requirements, the lender must clearly and conspic *401 uously disclose all substantive requirements. … TILA in the first refinancing *404 transaction, and for further proceedings to determine whether the two defendants constitute the “same creditor”, so that Mid-Penn’s liability on the second refinancing transaction may be established