Case law

Fenstermaker v. Nesfedder

802 F. Supp. 1258 · District Court, E.D. Pennsylvania · Aug 31, 1992

Although school officials are generally immune to suits at state law, see generally 42 Pa. Const.Stat.Ann. § 8541, this immunity does not extend to acts of willful misconduct. See 42 Pa. Const.Stat.Ann. § 8550. … Board of Education of Escambia County Alabama, 880 F.2d 305 (11th Cir.1989), is clearly distinguishable, however, since it involved allegations that a guidance counselor and a vice-principal, acting over a two month period

Doctors, Inc. v. Blue Cross of Greater Philadelphia

431 F. Supp. 5 · District Court, E.D. Pennsylvania · Aug 13, 1975

. §§ 1011 to 1015, and that the conduct complained of constitutes state action which is immune from the antitrust laws under the doctrine of Parker v. Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943). … Therefore, it is clearly within the business of insurance to try to get the health care providers to cut costs. Finally, the McCarran-Ferguson Act does not protect “boycott, coercion or intimidation”. 481 F.2d at 84 .

Nautilus Ins. Co. v. Shawn Owens Inc.

316 F. Supp. 3d 873 · District Court, E.D. Pennsylvania · Jul 17, 2018

A motion for judgment on the pleadings is properly granted in a contract case, if the moving party clearly establishes that it is entitled to judgment as a matter of law. DiCarlo v. St. … The provision on which the carrier relied described various types of conduct that might qualify as negligent acts, but did not explicitly exclude actions for negligence from coverage.

Duffy v. Lawyers Title Insurance

972 F. Supp. 2d 683 · District Court, E.D. Pennsylvania · Sep 17, 2013

Moreover, an individual must establish that “he or she suffered damages arising from the purchase or lease of goods or services.” Keller v. … Fox, 895 A.2d 614 (Pa.Super.2006), the Superior Court of Pennsylvania considered who could qualify as a purchaser under the UTPCPL.

Brescia v. Ireland Coffee-Tea, Inc.

73 F.R.D. 673 · District Court, E.D. Pennsylvania · Feb 25, 1977

In addition to demonstrating through the testimony of its experts that the urn would not creep forward, defendant relied on the testimony of plaintiff and her expert to establish a viable explanation for the urn’s being placed … Moreover, even if this statement did offer some support to plaintiff’s theory of the case, what weight, if any, it was to be given was clearly within the province of the jury.

Van Denbergh v. Walker

47 F. Supp. 549 · District Court, E.D. Pennsylvania · Nov 5, 1942

On May 23, 1941, the Consistory filed a voluntary petition in bankruptcy and plaintiff is its duly qualified trustee in bankruptcy. 11. … This evidence wholly fails to establish a transfer of Consistory funds in 1939 to the defendants or to Borie in escrow as trustee for them.

RALSTON v. POULOS

District Court, E.D. Pennsylvania · Mar 13, 2020

The moving party has the burden of establishing one of these grounds. Blystone v. Horn, 664 F.3d 397, 415 (3d Cir. 2011). The grant or denial of reconsideration lies within the discretion of the district court. … In his motion for reconsideration, plaintiff asserts that “the Second Amended Complaint avers clearly and repeatedly, [that] the Garabedian Defendants never intended or contemplated . . . any ‘proceedings’” in this case

LLOYD v. COMMONWEALTH OF PENNSYLVANIA

District Court, E.D. Pennsylvania · Aug 25, 2025

Pennsylvania Rule of Civil Procedure 1042.3 requires that when pro se plaintiffs assert professional-malpractice claims, they must file a certificate of merit, which includes a written statement from a qualified licensed … As to the claim against the Chester County Prothonotary, court clerks performing tasks integral to the judicial process are absolutely immune from suit. Lockhart v.

Charleston v. Gilmore

305 F. Supp. 3d 612 · District Court, E.D. Pennsylvania · Mar 29, 2018

Bitner , 455 F.3d 186 , 193 (3d Cir. 2006) (stating, in the context of a qualified immunity analysis, that "[e]ven if our sister circuits had in fact split on the issue, we would not necessarily be prevented from finding … that the right was clearly established"); but see Garrus v.

Ostrow Pharmacies, Inc. v. Beal

394 F. Supp. 22 · District Court, E.D. Pennsylvania · Apr 4, 1975

the close of the plaintiffs’ case, the defendants, pursuant to Rule 41(b), moved to have the complaint against the Commonwealth of Pennsylvania and the Pennsylvania Department of Public Welfare dismissed on the basis of immunity … Regulation 250.30 clearly states in subsection (b) that “The State agency may pay less than the upper limits.”

The Brilliant

64 F. Supp. 612 · District Court, E.D. Pennsylvania · Oct 18, 1945

The Captain and crew of the tug were qualified by experience and training to handle the tug and tow, to make a reasonable estimate of the probable consequences of a severe storm upon the tug and tow, and to appreciate the … The evidence from which the above facts are found clearly shows that the Captain and the Mate of the tug were capable and conscientious in the performance of their duties and that they exercised sound judgment in casting

Edwards v. Local Board No. 58

313 F. Supp. 650 · District Court, E.D. Pennsylvania · May 26, 1970

In support of his motion, plaintiff makes two contentions: (1) that he is clearly entitled to a I-S deferment, pursuant to Section 6(i) (2) of the Military Selective Service Act of 1967, 50 U.S.C. … .-15(b), and (2) that even if he does not have a statutory right to a deferment he is, at least, entitled to have the local board meet and consider whether or not he qualifies for a I-S deferment.

D'Elia v. Unum Life Insurance Co.

223 F. Supp. 3d 380 · District Court, E.D. Pennsylvania · Aug 15, 2016

. 74 Defendant argues that AIU clearly established or maintained Plaintiffs Policies. … In support, he provides a single'piece of evidence showing that the 1984 and 1985 Policies did not immediately qualify for FlexBill discounts. Pl.’s Sur-Reply Br., Ex.

Fitzpatrick v. Milky Way Productions, Inc.

537 F. Supp. 165 · District Court, E.D. Pennsylvania · Mar 22, 1982

In appropriate eases, defendants are entitled to raise a privilege, either absolute or qualified, and the privilege, if proven, operates to “negate the presumption of malice.” Id. at 909 and n. 10. … Among the qualified privileges, one that is pertinent here is the privilege inhering in allegedly defamatory publications that involve a comment upon “matters of public concern.”

CUNNING v. WEST CHESTER UNIVERSITY

District Court, E.D. Pennsylvania · Feb 25, 2021

(7)’s age qualifier in their respective submissions to the Court. … In Davis, the Court described its earlier holding in Gebser as follows: By employing the “deliberate indifference” theory already used to establish municipal liability under [42 U.S.C. § 1983] . . . we concluded

Greene v. Weinberger

391 F. Supp. 632 · District Court, E.D. Pennsylvania · Mar 26, 1975

The record clearly establishes, and no one disagrees that the only type of work claimant might possibly do would be that of a sedentary nature. … Perhaps more important, however, even if part-time work would qualify as substantial gainful employment, we have no evidence that such work is available to claimant.

SMITH v. COMMONWEALTH OF PENNSYLVANIA

District Court, E.D. Pennsylvania · Dec 20, 2024

Actions taken in the absence of all jurisdiction are those where the judge clearly had no jurisdiction over the subject-matter—such as a probate judge with authority only over wills and estates presiding over a criminal … Rooker and Feldman established the principle that federal district courts lack jurisdiction over suits that are essentially appeals from state-court judgments. Great W. Mining & Min. Co. v.

Fallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania

200 F. Supp. 3d 553 · District Court, E.D. Pennsylvania · Aug 9, 2016

The *560 Court held that “the test .., is whether a given belief that is sincere and meaningful occupies a place in the life of its possessor parallel to that filled by the orthodox belief in God of one who clearly qualifies … In sum, Fallon clearly fails to state a claim for religious discrimination under Title VII.

EXP REALTY, LLC v. BOROUGH OF GLENOLDEN

District Court, E.D. Pennsylvania · Apr 25, 2024

Borough is immune from tort liability. … See ECF No. 19-1 at 6 (“Defendant Razzi is not immune from his intentionally tortious conduct, even though Glenolden Borough may be immune).

Heneghan v. Northampton Community College

801 F. Supp. 2d 347 · District Court, E.D. Pennsylvania · Aug 1, 2011

Defendants argue that to establish a prima facie case under a disparate treatment theory of liability, a complainant must show that he was (1) a member of a protected class (2) who was qualified for the job from which he … Heneghan from following the established grievance procedure. Ms.