Case law

McMahon Books, Inc. v. Willow Grove Associates

108 F.R.D. 32 · District Court, E.D. Pennsylvania · Jul 30, 1985

The requirement of Rule 23(a)(2) that there must be questions of law or fact common to the class is clearly satisfied. … The Third Circuit has established that “[a]dequate representation depends on two factors: (a) the plaintiff’s attorney must be qualified, experienced, and generally able to conduct the proposed litigation, and (b) the plaintiff

Sament v. Hahnemann Medical College & Hospital

413 F. Supp. 434 · District Court, E.D. Pennsylvania · Feb 10, 1976

Some General Considerations “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,’ … Rather, he must produce some evidence to establish the existence of facts which will support his allegations.

United States Ex Rel. Ferenc v. Brierley

320 F. Supp. 406 · District Court, E.D. Pennsylvania · Dec 18, 1970

. *408 It is well established that where a defendant is able to retain counsel of his own choice, he must be given a reasonable opportunity to do so. … We consider and decide, rather, that relator was entitled to counsel of his choice because he could afford it, no matter how well qualified court-appointed counsel may have been.

DEVON v. PHILADELPHIA INDUSTRIAL CORRECTIONAL CENTER (PICC)

District Court, E.D. Pennsylvania · Apr 2, 2025

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.”). B. … and parole officers are entitled only to a qualified, good faith immunity.”).

Nationwide Mutual Fire Insurance v. Salkin

163 F. Supp. 2d 512 · District Court, E.D. Pennsylvania · Apr 12, 2001

In so deciding, the court concluded that “[t]he policy, in its entirety, is not ambiguous, but clearly states the corporation is the insured party.” Id.; accord Caron v. Reliance Ins. … After being informed that he did not qualify for a personal auto coverage policy, Herbert Salkin requested a business auto policy in the name of the corporation. Mr.

United States v. O'Neill

81 F.R.D. 664 · District Court, E.D. Pennsylvania · Feb 15, 1979

The privilege is not absolute, but is qualified, and may be overcome by a litigant’s showing of need for the material great enough to outweigh the policies favoring nondisclosure. … Whether the party seeking disclosure is an actual or potential litigant is a consideration clearly operating against the Commission’s demands, because it is not and never will be a “litigant” or a defendant in *668 any criminal

Jones v. Denotaris

29 F. Supp. 3d 517 · District Court, E.D. Pennsylvania · Jul 2, 2014

As the Sixth Circuit Court of Appeals stated more than 30 years ago, Congress’ decision to provide administrative and arbitration remedies for aggrieved blind vendors clearly evidences a policy judgment that the federal courts … Ramsey, 366 F.3d 1 , 9-23 (discussing waiver of Eleventh Amendment immunity).

Harley v. Lyng

653 F. Supp. 266 · District Court, E.D. Pennsylvania · Dec 22, 1986

Plain statutory language establishes the first requirement. … Clearly, with only a small extra effort, all processing could be completed within the five calendar day period.

Thomas v. Levi

422 F. Supp. 1027 · District Court, E.D. Pennsylvania · Nov 15, 1976

This is an obligation from which the federal government has long been immune by virtue of the Supremacy Clause. See Ponzi v. … To be sure, the United States may waive its immunity from state process and consent to have prisoners in its custody turned over to a state. Ponzi v. Fessenden, supra; Little v.

Lassiter v. Children's Hospital of Philadelphia

131 F. Supp. 3d 331 · District Court, E.D. Pennsylvania · Sep 21, 2015

To survive a motion for summary judgment, Lassiter must first establish a prima-facie case of discrimination by demonstrating by a preponderance of the evidence that he: (1) belongs to a protected class; -(2) was qualified … A plaintiffs “satisfactory performance of duties over a. long period of time leading to a promotion” can “clearly establish ] his qualifications for the job.” Jalil v. Avdel Corp., 873 F.2d 701, 707 (3d Cir.1989).

Fullman v. Potter

480 F. Supp. 2d 782 · District Court, E.D. Pennsylvania · Mar 28, 2007

To establish a prima facie case of discrimination under Title VII, a plaintiff must show that (1) he is a member of a protected class, (2) he was qualified for the position from which he was discharged, and (3) others not … However, because Fullman was terminated for cause, he has not met the second element by showing that he was qualified for the position from which he was terminated.

Randolph v. Wetzel

987 F. Supp. 2d 605 · District Court, E.D. Pennsylvania · Dec 18, 2013

“[S]uits against unconsenting [s]tates” are barred by Eleventh Amendment or sovereign immunity unless a state has waived its immunity. Sossamon v. … Plaintiff’s complaint alone, however, runs over 80 pages and does not contain clearly enumerated counts or claims.

Thomas v. Smithkline Beecham Corp.

201 F.R.D. 386 · District Court, E.D. Pennsylvania · Jul 3, 2001

The Third Circuit also clearly stated that it was not establishing a high general threshold for satisfying commonality. See id. … Mem. 18, the named plaintiffs’ attorneys appear qualified to prosecute the action on behalf of the class.

In re Union National Bank & Trust Co.

287 F. Supp. 431 · District Court, E.D. Pennsylvania · Aug 1, 1968

As stated before, the determinative nexus of jurisdiction has already been established in the petition, that nexus being an Order of the Bankruptcy Court and its alleged wilful violation. … Civil contempt proceedings are usually instituted when depository banks fail to honor turn-over orders for funds in their possession which clearly belong to the bankruptcy estate. May v.

JOHNSON v. WETZEL

District Court, E.D. Pennsylvania · Jul 7, 2023

steps and contact the appropriate authorities who can look into this matter”; and Records Supervisor Lindsay Nye “chose not to respond to [Plaintiff’s] complaint, or to correct the problem when she knew that [he] was clearly … While Eleventh Amendment immunity does not apply where (1) Congress has authorized such a suit in the exercise of its power to enforce the Fourteenth Amendment, (2) a state has waived its sovereign immunity by consenting

Taylor v. Phoenix Mut. Life Ins. Co.

453 F. Supp. 372 · District Court, E.D. Pennsylvania · May 26, 1978

as a “hospital” and thus qualify for policy coverage. … In the policy here involved “rehabilitative” care other than that “incidental” to acute care is clearly excluded.

Kusner v. First Pennsylvania Corporation

395 F. Supp. 276 · District Court, E.D. Pennsylvania · Apr 8, 1975

Judge Aldisert was emphatic in his recognition of this well established principle. … , he can later establish a case.

United States v. Sink

355 F. Supp. 1067 · District Court, E.D. Pennsylvania · Mar 12, 1973

To be constitutionally sustainable, defendant suggests, the words must be qualified by “if requested to do so.” … This issue was clearly for a jury to determine.

SCHLAYBACH v. BERKS HEIM NURSING & REHABILITATION

District Court, E.D. Pennsylvania · Jan 22, 2020

Mar. 20, 2014) (“The parties do not contest that Berks County and Berks Heim Nursing Home are immune from claims of medical malpractice.”); Kranson, 755 F.2d at 53 (upholding a county-run nursing home’s immunity from negligence … Schlaybach were properly certified and qualified to perform the necessary nursing services as required by 42 U.S.C. §1396r(b)(4)(B); s.

Greenwood v. Greenwood

145 F. Supp. 653 · District Court, E.D. Pennsylvania · Nov 2, 1956

Drayer, both known by the Court to be eminently qualified in that field. … Once a confidential relation has been established in an inter vivos disposition of property, it follows that the proponents of the document are faced with the necessity of affirmatively establishing, as set forth in the case