Case law

Nero

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

Aside from defending his decision as reasonable, Officer Gannon asserts qualified immunity. 2 in a separate police vehicle. Id. at 43:17. … immunity.

MOHN v. CARDONA

District Court, E.D. Pennsylvania · Apr 14, 2022

Mohn bears the burden of establishing the United States waived its immunity. If he intends to do so by bringing suit under the Federal Tort Claims Act, he must show he already exhausted his administrative remedies. … After qualifying for an “Income Driven Repayment Plan” in January 2018, Mr. Mohn lowered his monthly payment on his student loan to $80.45. Id. 4 ECF Doc.

Ackerman v. Gladwin Leasing, Inc. (In Re Copter, Inc.)

28 B.R. 665 · District Court, E.D. Pennsylvania · Apr 7, 1983

Nevertheless, the bankruptcy court concluded that Copter’s filing of the federal Chapter 7 petition qualified as a “proceeding in insolvency” within the meaning of the statute. … The state statute itself clearly requires either an assignment for the benefit of creditors or a state proceeding in insolvency to establish the four-month avoidance period.

United States v. Dershaw (In re Rosen)

560 B.R. 415 · District Court, E.D. Pennsylvania · Nov 10, 2016

This impairment is clearly identified in 6103(e)(7).” (Bankr. … As I lack jurisdiction to hear this appeal, I need not entertain the other issues presented *422 in this appeal, including whether sovereign immunity shields the IRS from compliance with the subpoena. .

United States v. 40.81 Acres of Land, More or Less, Situate in Berks County

505 F. Supp. 151 · District Court, E.D. Pennsylvania · Jan 13, 1981

The said land has been selected by the United States for acquisition and use in connection with the establishment of the Blue *152 Marsh Lake Project, Pennsylvania, and for such other uses as may be authorized by Congress … To demand more in the instant proceeding raises a claim against the Government in a forum in which it has not consented to suit or waived its sovereign immunity. United States v.

Makhoul Electric, LLC, et al. v. Cincinnati Insurance, et al.

District Court, E.D. Pennsylvania · May 26, 2026

Where a motion to dismiss relies on a claim of immunity, that “grant of immunity will be upheld only when immunity is established on the face of the complaint.” Thomas v. … See id. at 266– 67 (information from an anonymous source “clearly did not constitute probable cause for the ac- tion he took . . . [and] the belief must have rested on reasonable and probable cause.”).

Africa v. Horn

998 F. Supp. 557 · District Court, E.D. Pennsylvania · Mar 19, 1998

There is no evidence of record from which one reasonably can conclude that MOVE qualifies as a religion. 1 Even assuming that MOVE is a religion in which a prohibition of piercing the skin with a needle is a central tenet … It follows that defendants did not deprive plaintiff of a clearly 'established constitutional right of which reasonable prison officials should have been aware in light of existing law and factual information available to

Strata Skin Sciences, Inc. v. LaserOptek America Corp., et al.

District Court, E.D. Pennsylvania · Aug 19, 2026

Strata argues that it is immune from antitrust liability under the Noerr-Pennington doctrine, an immunity grounded in the First Amendment’s right to petition courts. … Statements a party makes outside of court, as to investors, receive only a qualified privilege. Pelagatti, 536 A.2d at 1345–46.

Jefferies v. Ameriquest Mortgage Co.

543 F. Supp. 2d 368 · District Court, E.D. Pennsylvania · Feb 11, 2008

With respect to qualified written requests under RESPA, 12 U.S.C. § 2605 (e)(1)(A) requires the following: If any servicer of a federally related mortgage loan receives a qualified written request from the borrower (or an … A qualified written request is defined as: ...

General Baking Co. v. Gordon

9 F. Supp. 210 · District Court, E.D. Pennsylvania · Oct 11, 1932

At first it is a little difficult to identify the relationship which it established, but upon examination it becomes clear enough. … I think that that was clearly the intention.

City of Philadelphia v. Westinghouse Electric Corp.

210 F. Supp. 486 · District Court, E.D. Pennsylvania · Oct 23, 1962

To read the Rule as so qualified is- to ignore the grammatical construction of Rule 6(e) as finally adopted. … The Supreme Court has quite clearly stated in United States v.

Philadelphia Newspapers, Inc. v. Borough Council of Public Works

381 F. Supp. 228 · District Court, E.D. Pennsylvania · Aug 13, 1974

Such use of the streets and public places has, from ancient times, been part of the privileges, immunities, rights, and liberties of citizens. … As noted, it is clearly unreasonable to say that the right to have the box displayed must depend upon the discretion of the merchant and, at that, only a merchant who sells newspapers from his *244 own establishment as part

American Federation of State v. Cephalon, Inc.

790 F. Supp. 2d 313 · District Court, E.D. Pennsylvania · Mar 23, 2011

The claims of Pennsylvania-based Plaintiff PTC are. clearly governed by Pennsylvania law. All alleged actions by Defendant involved marketing Actiq to physicians in Pennsylvania (Pis.’ … The following items must be satisfied for a plaintiff to have standing to bring a claim under the IDCSA: (1) plaintiff must be a qualifying “person”; (2) plaintiff must bring claim against a qualified “supplier”; (3) plaintiff

Geuss v. Pfizer, Inc.

971 F. Supp. 164 · District Court, E.D. Pennsylvania · Dec 17, 1996

QUALIFIED INDIVIDUAL WITH A DISABILITY Pfizer argues that Geuss is not a qualified individual with a disability. … However, neither the statute nor the case law clearly delineates which party has the burden of demonstrating that no other alternative exists except for transfer.

Gargiulo v. Isolagen, Inc.

527 F. Supp. 2d 384 · District Court, E.D. Pennsylvania · Sep 26, 2007

This statement is clearly not forward-looking and thus, not protected by the safe harbor. … Therefore, the third public disclosure does not qualify as a storm warning. IV.

In re Naturalization of Monteiro

266 F. Supp. 492 · District Court, E.D. Pennsylvania · Apr 7, 1967

and the record in this case makes it clear that the petitioner, who has lived in this country since 1917 (when he was about three years old) would undoubtedly be an excellent citizen and is in all other respects eminently qualified … He admits that the body of the form was filled out in his handwriting, and the record clearly establishes delivery. The statute under consideration does not specify any particular form of application.

Kedra v. City of Philadelphia

454 F. Supp. 652 · District Court, E.D. Pennsylvania · Jun 29, 1978

Until 1973, municipalities such as Philadelphia could not be held liable on these claims because they possessed “governmental immunity” under Pennsylvania law. That immunity has been abolished. See Ayala v. … Thus, while no question has been raised as to the presence of “state action” in this case, that element clearly has been satisfied. 11 .

Embrico v. United States Steel Corp.

404 F. Supp. 2d 802 · District Court, E.D. Pennsylvania · Nov 30, 2005

While Thomas offers no interpretation of this data to establish its probative value, his evidence establishes some correlation of race with technical background at Fairless Works. … Neither Quiroga nor the case law of this Circuit clearly supports Vitucci’s position.

Reading Co. v. City of Philadelphia

155 B.R. 890 · District Court, E.D. Pennsylvania · Mar 9, 1993

Sovereign Immunity The City argues that since it is a “sovereign acting for the public’s benefit,” it remains immune from CERCLA liability. City’s Memorandum in Support of Its Motion for Summary Judgment at 24. … Clearly in the ease before this court, the City has not engaged in an environmental cleanup.

Bowers v. NETI Technologies, Inc.

690 F. Supp. 349 · District Court, E.D. Pennsylvania · Jun 7, 1988

Defendants also argue that the WPCL should be strictly construed and that because no court has found directors liable under the WPCL they should be immune from liability. … Plaintiffs have alleged sufficient facts to establish that NHF is liable as a successor to Phoenix.