Case law

ELLERBE v. JUDICIAL COUNCIL FOR THE THIRD CIRCUIT

District Court, E.D. Pennsylvania · Feb 22, 2023

Aug. 24, 2005) (holding that “the judicial councils of the various circuit courts are established and governed by 28 U.S.C. § 332, which contains no express waiver of the judicial councils’ sovereign immunity. … immunity when performing duties required by statute or at the direction of judicial authority.

Mzamane v. Winfrey

693 F. Supp. 2d 442 · District Court, E.D. Pennsylvania · Mar 15, 2010

Second, Defendants do not contest that these statements clearly qualify as “of and concerning” Plaintiff. … Such a charge is clearly capable of defamatory meaning.

Doe v. Kohn Nast & Graf, P.C.

862 F. Supp. 1310 · District Court, E.D. Pennsylvania · Sep 2, 1994

Some members of the firm’s support staff wondered aloud whether he had acquired Acquired Immune Deficiency Syndrome [AIDS]. … The plaintiff must first establish a prima facie case of retaliation.

White v. Snear

313 F. Supp. 1100 · District Court, E.D. Pennsylvania · May 19, 1970

Further, the facts clearly indicate discrimination. Defendants have control over county employees. … In the election of County Commissioners, each qualified elector is permitted to vote for no more than two persons. 16 P.S. § 3501. This voting procedure permits minority representation on the Board. 3 .

Heritage Farms, Inc. v. Solebury Township

507 F. Supp. 33 · District Court, E.D. Pennsylvania · Dec 19, 1980

The complaint alleges that defendants’ conduct: (1) has violated “rights, privileges, and immunities secured by the Constitution of the United States, including plaintiffs’ rights to notice and opportunity for hearing and … Under the doctrine of abstention, a federal court may decline to exercise or postpone the exercise of its jurisdiction in certain exceptional circumstances where repair to the state court would clearly serve an important

Aldossari v. RIPP

District Court, E.D. Pennsylvania · May 6, 2021

Once sovereign 11 status is established, the burden then shifts to the plaintiff to establish that an exception to immunity applies. Id. Mr. … This Convention codifies customary international law regarding state immunity and establishes that Saudi Arabia maintains its claim to sovereign immunity. Mr.

Dickerson v. United States Steel Corp.

472 F. Supp. 1304 · District Court, E.D. Pennsylvania · Aug 2, 1978

As noted above, the Teamsters case immunizes seniority-based decisions under § 703(h) of Title VII. … Wolz claimed to have established by this clearly deficient study. 33 .

Bradley v. BROOKHAVEN BOROUGH

District Court, E.D. Pennsylvania · Mar 20, 2025

Moving to dismiss, Brookhaven argues that Bradley has not pleaded facts establishing a Monell claim. … Brookhaven argues the Complaint fails to plead facts which establish a Monell claim.

J. P. Mascaro & Sons, Inc. v. Township of Bristol

497 F. Supp. 625 · District Court, E.D. Pennsylvania · Oct 6, 1980

Plaintiff is clearly correct when it contends that the right to pursue a livelihood is a property right under Pennsylvania law. See, e. g., Montgomery County Bar Association v. … Since Mascaro has failed to allege sufficient facts to establish a property interest in the contract, or a deprivation of its right to pursue its livelihood, it has not alleged any facts which, as a matter of law, would have

In Re Pennsylvania Title Insurance Antitrust Litigation

648 F. Supp. 2d 663 · District Court, E.D. Pennsylvania · Jul 21, 2009

Brown, 317 U.S. 341, 352 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943) (holding state regulatory programs immune from antitrust laws). … This immunity applies if: (1) state policy clearly articulates and affirmatively expresses the price regulation and (2) the state actively supervises the implementation of the price regulation, Midcal, 445 U.S. at 105 , 100

Cap v. Lehigh University

433 F. Supp. 1275 · District Court, E.D. Pennsylvania · Jun 3, 1977

The Commission found that plaintiff had not established cause for her charge of sex discrimination and closed her case on August 7, 1974. … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

Leonard v. Educators Mutual Life Insurance

620 F. Supp. 2d 654 · District Court, E.D. Pennsylvania · Oct 23, 2007

it was established or as it is maintained.” … In Peterson , the Ninth Circuit had held that a plan remains ERISA qualified if it covers an employee other than the owner at the time the plan was established.

United States v. American Brewing Co.

296 F. 772 · District Court, E.D. Pennsylvania · Feb 15, 1924

The considerations which have led him to take the contrary view to that we have taken are clearly and forcibly expressed, but have left us unconvinced. … I do. not mean that the possession of a permit renders the permittee immune from search and seizure.

Farmers Cooperative Dairy, Inc. v. Block

703 F. Supp. 379 · District Court, E.D. Pennsylvania · Jan 12, 1989

In that document, the plaintiffs state that their “status as prevailing parties could not be more clearly established.” … The Supreme Court, in Pierce , held that the exception for “limited availability of qualified attorneys for the proceedings involved” refers to attorneys “qualified for the proceedings” in some specialized sense, rather than

Commonwealth of Pennsylvania v. Brown

270 F. Supp. 782 · District Court, E.D. Pennsylvania · Jul 5, 1967

However, the mere fact that the park performed a function which was also performed directly by municipal authorities was clearly deemed insufficient, standing alone, to sustain, a constitutional claim. … Here, the record establishes that Girard College was never a “public school” in the sense that it was ever administered by the Philadelphia Board of Edu-. cation.

FERMAN

District Court, E.D. Pennsylvania · Dec 22, 2025

“Thus, we consider whether Plaintiffs’ allegations, attached documents, and referenced proceedings establish the necessary jurisdiction . . . .” Myers v. … Att’y Gen., 655 F.3d 333, 339 (3d Cir. 2011) (“The obligation to liberally construe a pro se litigant’s pleadings is well-established.”). III.

Kathleen S. v. Department of Public Welfare of Pennsylvania

10 F. Supp. 2d 460 · District Court, E.D. Pennsylvania · Jun 26, 1998

As clearly pointed out by the Third Circuit in Ernst v. … More specifically, the evidence establishes that the annual per person cost of care at Haverford State Hospital and Norristown State Hospital is, respectively, $110,960 and $113,515.

Payne v. Heckler

604 F. Supp. 334 · District Court, E.D. Pennsylvania · Jan 9, 1985

Plaintiff’s performance was thus clearly substandard for the period in question. D. … Four elements are necessary to establish a prima facie case in the context of alleged discriminatory hiring: (1) plaintiff belongs to a statutorily protected group; (2) plaintiff was qualified for the job for which she applied

Smith v. Unilife Corp.

72 F. Supp. 3d 568 · District Court, E.D. Pennsylvania · Dec 11, 2014

The court held that because police officers do not have a reasonable expectation of privacy in conversations with suspects under Pennsylvania law, the lower court should not have granted qualified immunity to the officer … The Pennsylvania Supreme Court held that the attorney had *575 not established a cause of action for intrusion upon seclusion because there was no evidence anyone ever heard the recording. Marks, 331 A.2d at 431 .

Dupree v. Hertz Corp.

419 F. Supp. 764 · District Court, E.D. Pennsylvania · May 28, 1976

The complaint must allege: (1) that the defendants conspired; (2) that the purpose of the conspiracy was to deprive the plaintiff of equal protection of the laws or of equal privileges and immunities under the laws; (3) that … Not only was I qualified for the position that was opened, but there were sales positions opened which was my strongest asset. Before my last interview John told me that his boss was making the decision.