Case law

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.

Elsesser v. Hospital of the Philadelphia College of Osteopathic Medicine, Parkview Division

795 F. Supp. 142 · District Court, E.D. Pennsylvania · Jul 13, 1992

Leonard Harman, P.C., satisfied criteria for participation as a qualified physician after passing vigorous screening criteria established by U.S. … According to the Court, the existence of the pension plan was a “critical factor” in establishing liability. Id.

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

Parker Avenue, L.P. v. City of Philadelphia

175 F. Supp. 3d 457 · District Court, E.D. Pennsylvania · Aug 15, 2013

Improper motive is insufficient to establish a substantive due process claim. United Artists Theatre Circuit, Inc. v. Twp. of Warrington, 316 F.3d 392 , 399-400 (3d Cir.2003). … Clearly, extraordinary circumstances have not been alleged. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372 , 378-79 (3d Cir.2005). VI.

Meshkov v. Abington Township

517 F. Supp. 1280 · District Court, E.D. Pennsylvania · Jul 15, 1981

Although the moving defendants clearly acted under color of state law, their conduct did not amount to a deprivation of any “rights, privileges, or immunities secured by the Constitution or laws of the United States.” … Indeed, the deprivation occurred as a result of the unauthorized failure of agents of the State to follow established procedure.” Id. at 1917 .

STEWART v. ETHICON, INC.

District Court, E.D. Pennsylvania · Mar 19, 2020

The absence of appeal underscores the strength of the immunity established by the BAAA. But of greater importance, nothing prevented Plaintiff here from appealing Judge New’s 2019 Order of dismissal. … Applying the Jumara factors here, transfer clearly is warranted.

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.”

McKay v. Heyison

80 F.R.D. 694 · District Court, E.D. Pennsylvania · Dec 5, 1978

The effective date of the recall is clearly stated on the mailed form and is at least thirty days after the date of notice. … the advice of a physician who shall cause an examination to be made or who shall designate any other qualified physician.

Kravitz v. Homeowners Warranty Corp.

542 F. Supp. 317 · District Court, E.D. Pennsylvania · May 20, 1982

or to be established by Local Council. … In general, a warrantor who establishes a qualified mechanism for informal dispute settlement may require in the written warranty that such procedures be exhausted before a consumer may file suit against the warrantor. 15

UNITED STEEL WORKERS v. Crown Cork & Seal Co.

833 F. Supp. 467 · District Court, E.D. Pennsylvania · Aug 25, 1993

"While a termination immediately qualifies as an employment loss, 29 U.S.C. § 2101 (a)(6)(A), a layoff must last more than six months to qualify. 29 U.S.C. § 2101 (a)(6)(B).” United Paperworkers v. … The well-established rule that statutes of limitation for federal causes of action not supplied with their own limitations periods will be borrowed from state law thus requires that state general or residual personal injury

In Re Ikon Office Solutions, Inc. Securities Lit.

86 F. Supp. 2d 481 · District Court, E.D. Pennsylvania · Mar 1, 2000

Fiduciaries may be either named by the plan, see 29 U.S.C. § 1102 (a)(1), or they may be individuals who qualify as fiduciaries as follows: [A] person is a fiduciary with respect to a plan to the extent (i) he exercises any … conceded at the district court level that they were fiduciaries as a general matter but argued that, as to investment decisions, they could not be held liable for a breach of fiduciary duty because their lack of discretion immunized

Lantz International Corp. v. Industria Termotecnica Campana, S.P.A.

358 F. Supp. 510 · District Court, E.D. Pennsylvania · May 3, 1973

This argument is clearly without merit. … Rather, these interrogatories all go to the issue of whether Banco di Roma and Monte dei Paschi di Siena qualify as holders in due course.

School Dist. of Phila. v. PA. MILK MARKETING BD.

877 F. Supp. 245 · District Court, E.D. Pennsylvania · Feb 14, 1995

This case arises out of the Pennsylvania Milk Marketing Board (PMMB) Order A-863, which establishes minimum milk prices in PMMB Area # 1. … ELEVENTH AMENDMENT Defendants assert that "[i]t is clearly established law that `in the absence of consent, a suit in which the State or one of its agencies or departments is named as the defendant is proscribed by the Eleventh

Lewis v. Neal

905 F. Supp. 228 · District Court, E.D. Pennsylvania · Nov 9, 1995

. § 1983 . 2 Before the court is the motion of the City for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. 3 Under Rule 12(c), judgment will not be granted unless the movant clearly … establishes that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.

Kelly v. Retirement Pension Plan for Certain Home Office, Managerial & Other Employees of Provident Mutual

209 F. Supp. 2d 462 · District Court, E.D. Pennsylvania · Jul 11, 2002

Thus, , it was , not established that Kelly qualified to participate in the Home Office Plan under these definitions of a “Covered Employee.” 27. … The parties apparently agree that plaintiff must first establish a prim a facie case of age discrimination by demonstrating that he: (1) was a member of a protected class, i.e., that he was over 40, (2) is qualified for the

Rosetti v. Sullivan

788 F. Supp. 1380 · District Court, E.D. Pennsylvania · Mar 31, 1992

As plaintiffs claims sub judiee clearly arise under the Social Security Act, federal question jurisdiction pursuant to § 1331 is inappropriate. B. … called “Immune System” that will include up-to-date criteria for evaluation of connective tissue diseases, which are now contained in the “Multiple Body Systems” listing, and to establish a listing for the evaluation of human

Decker v. Alliant Technologies, LLC

871 F. Supp. 2d 413 · District Court, E.D. Pennsylvania · May 18, 2012

To be sure, the “ ‘burden of establishing a prima facie case of disparate treatment is not onerous.’ ” Anderson v. Wachovia Mortg. … Decker qualifies as having a “regarded as” disability in light of Mr. Flitcroft’s comments concerning Mr. Decker’s “ailment.”

Porter v. United States Department of Justice

551 F. Supp. 595 · District Court, E.D. Pennsylvania · Nov 29, 1982

The exemptions of the PA constitute either an independent withholding statute or a statute qualifying for withholding under Exemption 3 of the FOIA. … The court reasoned as follows: It is basic that the FOIA establishes a statutory presumption that all federal records are available to “any person.”

Taylor v. United States Department of Labor

552 F. Supp. 728 · District Court, E.D. Pennsylvania · Dec 7, 1982

This commitment is not intended and shall not be used to discriminate against any qualified applicant or employee. … Clearly, the defendants have failed to accomplish any one of these objectives.

Vidovic v. Losinjska Plovidba Oour Broadarstvo

868 F. Supp. 695 · District Court, E.D. Pennsylvania · Jul 15, 1994

Defendants’ submissions establish that the courts of the Republic of Croatia are functioning during the civil war. … (West 1994), 3 and that such error renders my holding clearly erroneous.