Case law

United States v. Motto

70 F. Supp. 2d 570 · District Court, E.D. Pennsylvania · Nov 9, 1999

In vigorous language with echoes from the class struggle, Motto writes, on the fifth unnumbered page of his Sentencing Memorandum, AOL is totally immune. … All it takes to qualify for a "pervasive pattern of disregard for and violation of the rights of others” under DSM-IV § 301.7 are three (or more) of the following: (1) failure to conform to social norms with respect to lawful

Parker v. Sch. Dist. of Phila.

346 F. Supp. 3d 738 · District Court, E.D. Pennsylvania · Oct 12, 2018

This reporting requirement, however, does not clearly extend to reports that the District mishandled the suspected child abuse. A recent case in the Eastern District of Pennsylvania provides guidance. In Reed-Seeger v. … "Nevertheless, an employer's privilege to dismiss an employee ... may be qualified by the dictates of public policy." Spyridakis v. Riesling Group, Inc. , No. 09-1545, 2009 WL 3209478 , at *7 (E.D. Pa.

New England Merchants National Bank v. Hughes

556 F. Supp. 712 · District Court, E.D. Pennsylvania · Feb 10, 1983

The instant case, a contract action in which the damages claimed do not exceed $50,000.00, was clearly eligible for arbitration. … Clearly, Local Rule 8 is a valid exercise of this Court’s authority to promulgate local rules, which each federal court possesses pursuant to 28 U.S.C. § 2071 and Fed.R.Civ.P. 83.

United States v. Horton

202 F. Supp. 681 · District Court, E.D. Pennsylvania · Mar 2, 1962

Davin is clearly distinguishable. … The court there held that the district from which the interstate journey commenced had jurisdiction and merely affirmed the established rule that a conspiracy may be prosecuted in the district where the conspiracy was formed

BOYLE v. United States

District Court, E.D. Pennsylvania · Aug 10, 2022

The United States is generally immune from suit under the doctrine of sovereign immunity. Gentile v. SEC, 974 F.3d 311, 315 Gd Cir. 2020). … or refusing to establish safeguards.

Sell v. Barner

586 F. Supp. 319 · District Court, E.D. Pennsylvania · Mar 28, 1984

Although it is not set forth clearly in the complaint’s recitation of the facts, plaintiff was apparently arrested by the defendant police officers. … and immunities under the laws.

Madden v. A.I. Dupont Hospital for Children of Nemours Foundation

264 F.R.D. 209 · District Court, E.D. Pennsylvania · Jan 27, 2010

Amato is not qualified to testify at trial. Plaintiffs respond that Dr. … Amato is more qualified than Dr. Hannan, the plaintiffs’ expert in Daddio v. A.I.

T.R. v. School District of Philadelphia

223 F. Supp. 3d 321 · District Court, E.D. Pennsylvania · Nov 30, 2016

The IDEA mandates that schools develop “[procedures designed to ensure that [this notice] is in the native language of the parents, unless it clearly is not feasible to do so.” Id. § 1415(b)(4). … It is certainly possible that a developed record may not establish Plaintiffs’ systemic legal deficiency theory.

Lara, Inc. v. South Whitehall Township

729 F. Supp. 415 · District Court, E.D. Pennsylvania · Oct 27, 1989

The application for this permit clearly states that LARA would be conducting auto racing at Dorney Park. … , privileges or immunities guaranteed by the Constitution or the laws of the United States.

BUSH v. PLATT

District Court, E.D. Pennsylvania · Nov 18, 2019

Judicial Immunity Even if the petitioner established federal subject matter jurisdiction and “next friend” standing, we must dismiss the petition because Judge Platt is protected by judicial … immunity.

I.B.I.D. ASSOCIATES LIMITED PARTNERSHIP v. GAUTHIER

District Court, E.D. Pennsylvania · Jul 22, 2022

Having found that legislative immunity applies, the Court will not address whether Councilmember Gauthier is also entitled to qualified immunity for her actions. … This is not a situation where I.B.I.D. satisfied established criteria for development approval but was nevertheless rejected, as in , 205 F.3d 118, 123-25 (3d Cir. 2000), nor are the Overlay Laws “

Molinaro v. American Telephone & Telegraph Co.

460 F. Supp. 673 · District Court, E.D. Pennsylvania · Nov 24, 1978

Although plaintiffs’ first suit was dismissed pursuant to Fed.R.Civ.P. 37, Rule 41(b) clearly governs the effect of all involuntary dismissals. … Our disposition of this motion is mandated by established principles of res judicata as well as by the Kessler doctrine of substantive patent law.

Wine Hobby, USA, Inc. v. United States Bureau of Alcohol, Tobacco & Firearms

363 F. Supp. 231 · District Court, E.D. Pennsylvania · Sep 10, 1973

(Stip., Par. 3) After a determination is made that the person is qualified for an exemption, Form 1541 is stamped and one copy is returned to the registrant and the remaining copy placed in a file by the Bureau. … F.R. § 60-1.40 and that have an establishment located in Alameda County, California”.

McSparran v. Hanigan

225 F. Supp. 628 · District Court, E.D. Pennsylvania · Dec 27, 1963

Indeed, everything on which plaintiff relies to prove McShain’s negligence shows Mc-Shain’s immunity from suit as a statutory employer. … Plaintiff’s expert, Edgar, was held qualified by the trial judge to express an expert opinion. The credibility of his opinion was left to the jury.

Blumenthal v. United States

189 F. Supp. 439 · District Court, E.D. Pennsylvania · Dec 9, 1960

There has been a shortage of qualified men for these positions, and it is likely he would have gone into one of these positions (Graebe 170, 171). 18. … There can be no question that the case falls clearly within the admiralty jurisdiction. The Plymouth, 1865, 3 Wall. 20 , 70 U.S. 20 , 18 L.Ed. 125 .

LLOYD

District Court, E.D. Pennsylvania · Mar 27, 2026

equal protection claim because her theory of liability is not clearly established. … In finding that the right was not clearly established, Judge Marsten noted that “it is the established law in the Third Circuit that disruptive individuals do not have a constitutional right to remain at public meetings

DiBARTOLO v. City of Philadelphia

159 F. Supp. 2d 795 · District Court, E.D. Pennsylvania · Feb 21, 2001

On November 5, 1998, DiBartolo was transferred to the Epidemiology Unit with no clearly defined work assignments or supervisory responsibilities. (2nd Am. Compl. at ¶ 103.) B. … Ann. § 8550, which abolishes immunity for willful misconduct by local agency employees. King v. Breach, 115 Pa.Cmwlth. 355 , 540 A.2d 976, 979 (1988).

LIZ v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · Apr 4, 2022

immunity. … Since the Complaint is silent on the citizenship of the parties, Liz has not met his burden for establishing a basis for diversity jurisdiction over any state claims. IV.

Ashford v. Skiles

837 F. Supp. 108 · District Court, E.D. Pennsylvania · Nov 12, 1993

In addition, the Hospital defendants argue that they are immune from civil liability pursuant to 75 Pa.Cons.Stat.Ann. § 1547(j) (Supp.1992). … Judge Farina clearly made this finding as I will explain later. This section also confers upon a motorist the right to assert a “knowing and conscious refusal” to chemical testing. Commonwealth v.

Melrose Hotel Co. v. St. Paul Fire & Marine Insurance

432 F. Supp. 2d 488 · District Court, E.D. Pennsylvania · Apr 19, 2006

The offenses enumerated in this provision clearly relate to the content of the covered material. See USX Corp. v. Adriatic Ins. … Not all courts examining the issue have concluded that TCPA violations cannot qualify as accidents.