Case law
Opinions from 1658 to today.
5,177 results
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Turner v. National Football League
301 F.R.D. 191 · District Court, E.D. Pennsylvania · Jul 7, 2014
The BAP Administrator, which will be appointed by the Court, will establish the network of medical providers. Monetary Awards 14. What diagnose qualify for monetary awards? … Qualifying Diagnoses must be made by approved qualified specialists.
Cited 21 timesPublished607 F. Supp. 251 · District Court, E.D. Pennsylvania · Dec 6, 1984
In the present case, the state action requirement is clearly met. Defendant acted in his official capacity as a state prison employee in the alleged deprivations. … Clearly the plaintiff has a protected property interest in the $6.40 taken out of his prison account.
Cited 12 timesPublished357 F. Supp. 514 · District Court, E.D. Pennsylvania · Apr 11, 1973
Here, the two searches of 2854 West Oakdale Street were clearly directed at defendant, within the meaning of Jones. … Here, the absence of exigent or exceptional circumstances is most clearly demonstrated by the conduct of the agents themselves.
Cited 11 timesPublishedTALBERT v. COMMONWEALTH OF PENNSYLVANIA
District Court, E.D. Pennsylvania · Mar 7, 2023
against the States for conduct that actually violates the Fourteenth Amendment, Title II validly abrogates state sovereign immunity.” 7” The Court established a three-part test to determine whether sovereign immunity has … Yeskey, 524 U.S. 206, 210-11 (1998) (holding a state prisoner is a “qualified individual” under the Americans with Disabilities Act); 42 U.S.C.
Cited 0 timesUnknownDistrict Court, E.D. Pennsylvania · Aug 2, 2024
The Superior Court’s application of Strickland is neither “contrary to, or involved an unreasonable application of, clearly established Federal law” nor “based on an unreasonable determination of the facts in light of the … McGoldrick came down, he saw you, he gave you immunity, use immunity. You’ve got to tell these people here A: He gave me immunity. Q: Gave you immunity.
Cited 0 timesUnknownBrown v. American Home Products Corp.
226 F.R.D. 498 · District Court, E.D. Pennsylvania · Mar 15, 2005
Good cause clearly exists to implement this remedy. PTO No. 2662 at 12. … Next, we must take into account the risks of establishing liability and the risks of establishing damages. Girsh, 521 F.2d at 157 . Again, this factor is more relevant to an initial settlement than it is here.
Cited 14 timesPublishedDistrict Court, E.D. Pennsylvania · May 12, 2023
“When a prosecutor ‘performs the investigative functions normally performed by a detective or police officer,’ he is [only] entitled to qualified immunity,” not absolute immunity. … As a result, to earn the protection of absolute immunity, a defendant must show that the conduct triggering absolute immunity “clearly appear[s] on the face of the complaint.” Id. (quoting Wilson v.
Cited 0 timesUnknownDistrict Court, E.D. Pennsylvania · Oct 14, 2025
In the instant matter, HUD’s Rule 12(b)(1) motion sets forth a facial attack because it contends that the Amended Third-Party Complaint lacks sufficient factual allegations to establish an express waiver of sovereign immunity … Therefore, Whitehall and Saucon cannot prove that there was a waiver of sovereign immunity in this matter sufficient to establish that I have jurisdiction over the case, and the sale of the mortgages is not reviewable by
Cited 0 timesUnknown868 F. Supp. 741 · District Court, E.D. Pennsylvania · Nov 22, 1994
Plaintiffs argue that they were qualified and were terminated despite those qualifications. … Moreover, the Director questioned Ricker with the purpose of establishing Rick-er’s innocence.
Cited 30 timesPublishedPIERRE v. POLICE OFFICER MCCOLGAN
District Court, E.D. Pennsylvania · Mar 3, 2021
But even if Pierre had shown a genuine dispute of material fact as to whether the officers violated his rights, qualified immunity would still apply because Pierre has not shown that those rights were clearly established … qualified immunity jurisprudence.
Cited 0 timesUnknown477 F. Supp. 463 · District Court, E.D. Pennsylvania · Aug 23, 1979
. §§ 2511 (2) and (3), the statute clearly is applicable. … Interspousal immunity.
Cited 67 timesPublishedKEEL III v. SEPTA'S PHILADELPHIA HOUSING AUTHORITYS C.L.S.
District Court, E.D. Pennsylvania · Jun 17, 2021
Keel continues to have difficulty clearly articulating his claims to the Court. … Mr, Keel is reminded that if he hopes to file an amended complaint, it must clearly state the name of each defendant in the caption and must clearly state what each defendant did or did not do to cause him harm. Mr.
Cited 0 timesUnknown92 F. Supp. 2d 435 · District Court, E.D. Pennsylvania · Apr 12, 2000
The letter continued that the bank nevertheless “attempted to qualify [his] application on a non-preapproved basis” but determined he was ineligible because of “a history of delinquency with [his] creditors.” … It clearly appears from uncontroverted evidence of record that the IRS literally complied with each requirement of § 6335 other than the notice provisions of subsections (a) and (b). 9 .
Cited 3 timesPublished368 F. Supp. 1 · District Court, E.D. Pennsylvania · Dec 14, 1973
It is the plaintiff’s contention that the Secretary has failed to meet his burden, going forward with evidence to establish the claimant’s ability to engage in such work. … Findings of the Hearing Examiner are clearly based upon sufficient evidence, as defined in Richardson v. Perales, supra, and Ginsburg v. Richardson, supra.
Cited 7 timesPublishedSmith v. Pennsylvania Unemployment Compensation Board of Review
450 F. Supp. 1089 · District Court, E.D. Pennsylvania · May 12, 1978
In making this determination, the Bureau, pursuant to § 4(a)(2) PUCA, established Smith’s base year 2 as the period from January, 1974, through December, 1974. … Section 201 SUA states: It is the purpose of this title to establish a temporary Federal program of special unemployment assistance for workers who are unemployed during a period of aggravated unemployment and who are not
Cited 0 timesPublishedDistrict Court, E.D. Pennsylvania · Oct 14, 2025
In the instant matter, HUD’s Rule 12(b)(1) motion sets forth a facial attack because it contends that the Amended Third-Party Complaint lacks sufficient factual allegations to establish an express waiver of sovereign immunity … Therefore, Whitehall and Saucon cannot prove that there was a waiver of sovereign immunity in this matter sufficient to establish that I have jurisdiction over the case, and the sale of the mortgages is not reviewable by
Cited 0 timesUnknownDayoub v. Penn-Del Directory Co.
90 F. Supp. 2d 636 · District Court, E.D. Pennsylvania · Mar 22, 2000
The interactive process seeks to establish what, if any, accommodation can be made for a disabled employee. … In Donahue, the plaintiff suffered from a physical limitation which clearly precluded him from other positions, even "other, unmentioned possible accommodations.” Donahue, 52 F.Supp.2d at 483.
Cited 12 timesPublished207 F. Supp. 3d 549 · District Court, E.D. Pennsylvania · Sep 13, 2016
Because the claims have been denied on the merits, the Court does not reach Defendants’ cursory argument that they are entitled to qualified immunity. An order will be entered. … Although Plaintiff asserted that he lost weight, he did not establish that his health was'thereby endangered. . Kospiah Aff. at 1-2 (Def. Ex. L). . Compl.; Pl.'s Dep. at 58-61. . Penchishen Aff. at 1-2 (Def. Ex. J). .
Cited 3 timesPublishedTOLBERT v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS
District Court, E.D. Pennsylvania · Nov 30, 2022
Baldwin moves to dismiss the Amended Complaint, arguing that a video of the incident clearly contradicts Tolbert’s allegations and, also, that Baldwin is entitled to qualified immunity. … Weiner argues that the allegations are insufficient to establish deliberate indifference under the Eighth Amendment and that Tolbert received the necessary medical care. Dr.
Cited 0 timesUnknown175 F. Supp. 3d 498 · District Court, E.D. Pennsylvania · Mar 30, 2016
immunity. … Moreover, the Code clearly establishes permit and inspection requirements, as well as an enforcement scheme of those requirements.
Cited 1 timesPublished
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