Case law

Barclay v. Amtrak

435 F. Supp. 2d 438 · District Court, E.D. Pennsylvania · Jun 20, 2006

Amtrak argues, however, that Barclay cannot establish a prima facie case because he fails to show that, as of the date he was terminated, he was qualified to perform the essential functions of the *444 job, with or without … No doubt there are circumstances, not present in this case, in which an employer’s harassment of an employee based on absence from work is clearly just a proxy for unlawful discrimination. See Abramson v.

Carpenter v. Dizio

506 F. Supp. 1117 · District Court, E.D. Pennsylvania · Jan 9, 1981

Clearly, Carpenter’s causes of action are interdependent and inextricably intertwined and should be subsumed under a single limitation period. … The United States Court of Appeals for the Third Circuit has clearly and repeatedly established that a federal court may proceed to try state pendent claims prior to determining whether the Fourteenth Amendment claims constitute

Martin v. United States

323 F. Supp. 1131 · District Court, E.D. Pennsylvania · Dec 28, 1970

Sections 781 and 742, respectively, of said Acts create statutory waivers of sovereign immunity which the Government would otherwise enjoy. Eastern Transportation Co. v. … This would seem to clearly indicate a Congressional intent not to permit suit “in any district court” except in that one instance.

Whetzler v. Krause

411 F. Supp. 523 · District Court, E.D. Pennsylvania · Mar 31, 1976

In regard to defendants’ position as to the state action question, we find that the complaint is replete with allegations of conduct by defendants committed under color of state law sufficient to establish a case of state … Thus, this section of the Pennsylvania Statute which has been incorporated into plaintiff’s complaint clearly reveals that plaintiff’s exclusion from the track without hearing is only temporary and the hearing procedures

Ersek v. Township of Springfield, Delaware County

822 F. Supp. 218 · District Court, E.D. Pennsylvania · Jun 17, 1993

The alleged “intention” goes, if anywhere, toward establishing Ersek’s protected property interest in the job, for purposes of arguing a violation of substantive or procedural due process. … It does not by any means establish a right to the employment, much less some kind of super-right which is inherently “arbitrary” or “unreasonable” to deny.

Crane v. Trans Union, LLC

282 F. Supp. 2d 311 · District Court, E.D. Pennsylvania · Sep 16, 2003

While section 1681h(e) does provide CRAs with qualified immunity from state defamation, negligence, and invasion of privacy claims, the qualification is significant here because the FCRA does not exempt CRAs from these common … J., at 4-5, Experian clearly appears to have provided it. 5 .

LUO v. OWEN J. ROBERTS SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Mar 18, 2022

As attorneys for the School District, Defendants cannot be held liable to Luo because they are protected under the doctrine of qualified immunity. … Defendant Dan O’Brien is entitled to qualified immunity from the § 1983 claims asserted against him.

LUO v. OWEN J. ROBERTS SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Mar 18, 2022

As attorneys for the School District, Defendants cannot be held liable to Luo because they are protected under the doctrine of qualified immunity. … Defendant Dan O’Brien is entitled to qualified immunity from the § 1983 claims asserted against him.

Harrigan v. United States

63 F.R.D. 402 · District Court, E.D. Pennsylvania · Jun 14, 1974

Clearly, incompatible standards of conduct for the plaintiff could have been established. … In such a situation a class action is clearly inappropriate under Rule 23(b)(3). Bailey v. Sabine River Authority, State of Louisiana, 54 F.R.D. 42, 43 (W.D.La.1971); Caceres v.

TERRA

District Court, E.D. Pennsylvania · Aug 20, 2026

Qualified Immunity Defendants contend that they are protected from suit via qualified immunity. Mot. at 17. … We will not decide whether Defendants are entitled to such qualified immunity due to the preceding determinations that no unconstitutional actions have taken place. V.

Royal Ins. Co.(UK) Ltd. v. Ideal Mut. Ins. Co.

649 F. Supp. 130 · District Court, E.D. Pennsylvania · Mar 31, 1986

Earl Vincent, who was a qualified and experienced pilot and who operated a charter aviation company known as Mercury Aviation. 28. … , a conversion is established as a matter of law.

Gainey aka Naree Abdullah v. PHILADELPHIA

District Court, E.D. Pennsylvania · Apr 24, 2023

Plaintiffs argue that the Individual Defendants are not entitled to qualified immunity. Id. at 27-29. … City 2 The City argues that the Individual Defendants are immune from suit due to qualified immunity. Mot. at 9.

In re Certainteed Fiber Cement Siding Litigation

303 F.R.D. 199 · District Court, E.D. Pennsylvania · Mar 20, 2014

Risks of Establishing Liability, Proving Damages and Maintaining the Class Action Through Trial Factors four through six—the risks of establishing liability, the risks of establishing damages, and the risks of maintaining … This percentage clearly falls within the range of approved fee amounts in other class actions. See, e.g., In re Linerboard Antitrust Litig., Nos. 98-5055, 99-1000, 99-1341, 2004 WL 1221350 , at *14 (E.D.Pa.

Georgine v. Amchem Products, Inc.

157 F.R.D. 246 · District Court, E.D. Pennsylvania · Aug 16, 1994

The Scheduling Order established a two-step process. … Part VII establishes a (1) Compensation Schedule for the payment of qualifying claims; (2) Part VIII sets forth the Case Flow Máxi-mums and payment procedures; (3) and Part IX discusses the payment of “extraordinary” claims

Cardio-Medical Associates, Ltd v. Crozer-Chester Medical Center

536 F. Supp. 1065 · District Court, E.D. Pennsylvania · Apr 13, 1982

“While the principle that private action is immune from the restrictions of the Fourteenth Amendment is well established and easily stated, the question whether particular conduct is ‘private,’ on the one hand, or ‘state … to perform those cardiac services and procedures for which they are, in fact, highly qualified.

Kernan v. Gulf Oil Corp.

201 F. Supp. 117 · District Court, E.D. Pennsylvania · Dec 14, 1961

It is our firm conviction that there was not an iota of qualified evidence on which a jury could find that there was in fact any spillage of any oil, gasoline or components thereof into the river on that night at the docks … In the case at bar, no credible evidence of spillage was presented; therefore, fact A in the above example was never established.

WILLAUER v. CHESTER COUNTY INTERMEDIATE UNIT

District Court, E.D. Pennsylvania · Aug 14, 2025

To establish a claim under Section 504 or the ADA, the plaintiff must prove that (1) he “has a disability, or was regarded as having a disability,” (2) he “was ‘otherwise qualified’ to participate in school activities,” … Here, Willauer does not clearly plead that the Intermediate Unit or the School District had an unconstitutional policy or custom that caused his injuries. See generally ECF No. 1.

Fisher v. United States

299 F. Supp. 1 · District Court, E.D. Pennsylvania · Apr 23, 1969

The evidence from the testimony of the Government’s own employees established that the Government had a resident engineer on the premises, Mr. … The Court believes that plaintiff has clearly met the burden of proof on these issues from the evidence described above and set forth in the Findings.

In Re Metro Transportation Co.

107 B.R. 50 · District Court, E.D. Pennsylvania · Nov 2, 1989

Findings of fact shall not be set aside unless clearly erroneous. U.S. and I.R.S. v. Owens, 84 B.R. 361 (E.D.Pa.1988). … Walrath establishes that the tasks stated and the hourly rates charged are reasonable.

Boyle v. Harris

506 F. Supp. 294 · District Court, E.D. Pennsylvania · Dec 19, 1980

It then becomes incumbent upon the Secretary to establish that the claimant has the ability to engage in alternative substantial employment activity. Rossi v. Califano, supra, at 57. … Hence, on remand, the evidence concerning plaintiffs capabilities and willingness to work in a quieter environment may be relevant to a determination of whether the plaintiff is medically and vocationally qualified to pursue