Case law

JOHNSON v. VON ROSENTIEL

District Court, E.D. Pennsylvania · Dec 29, 2023

Johnson’s claims against the Sheriff and Sheriff’s Office with prejudice because she does not and cannot plead deficiencies in the foreclosure action to overcome qualified immunity afforded to sheriffs in effecting the … App'x 49, 51 (3d Cir. 2013) (holding qualified immunity protects sheriff from claims arising from enforcing valid foreclosure judgment); McBride v. PHH Mortg.

Contractors Ass'n of Eastern Pa. v. Secretary of Labor

311 F. Supp. 1002 · District Court, E.D. Pennsylvania · Mar 13, 1970

The compelling need for implementation ' is clearly established:'' The Department of Labor found that “the most reliable data available” shows the following: in the iron workers union, 1.4 percent of the membership consists … The strength of any society is determined by its ability to open doors and make its economic opportunities available to all who can qualify.

TYSHEED DAVIS V. INTERNAL REVENUE SERVICE

District Court, E.D. Pennsylvania · Mar 1, 2022

Pennsylvania has not waived that immunity. See 42 Pa. Cons. Stat. § 8521(b). … The tax credit was treated as an “advance refund,” meaning qualified individuals would directly receive the rebate as an Economic Impact Payment (“EIP”), or so called “stimulus check.” Id. § 6428(f).

United States v. Philadelphia Health Management Corp.

519 F. Supp. 818 · District Court, E.D. Pennsylvania · Aug 6, 1981

In that respect, it raises as an absolute bar the defense of state immunity under the Eleventh Amendment. … In its reply memorandum, PHMC submits an additional affidavit of Peat, Marwick, Mitchell & Co. explaining the qualifying language contained in the statements and establishing that the figures submitted in the financial statements

Lazzaro v. Franklin Mint Co.

840 F. Supp. 339 · District Court, E.D. Pennsylvania · Dec 20, 1993

April 8, 1986), District Judge Giles concluded that being replaced by a younger person was one way to establish a prima facie case of age discrimination, but that plaintiffs could also establish the fourth prong by direct … Clearly, plaintiff was not replaced by a sufficiently younger person in this case given that Mr. Domosh was only one year younger than plaintiff.

Berguido v. Eastern Air Lines, Inc.

35 F.R.D. 200 · District Court, E.D. Pennsylvania · May 25, 1964

In a criminal prosecution the Commonwealth must establish its theorem beyond a reasonable doubt. … the legally established boundaries.”

State Farm Insurance v. Taylor

293 F. Supp. 2d 530 · District Court, E.D. Pennsylvania · Nov 25, 2003

Taylor does not qualify as an “insured” under these contractual terms. … Therefore, they argue, UIM coverage in the Corporation policies "is clearly intended for 'persons.''' Defendants' Mem. at pp. 5-6. This is clearly correct.

Anderson v. Franklin Institute

185 F. Supp. 3d 628 · District Court, E.D. Pennsylvania · May 6, 2016

Here, Anderson was clearly deterred from visiting FI on a regular basis despite his desire to do so. … In the analogous Title II context, the Third Circuit has instructed that “[t]hough clearly relevant, budgetary constraints alone are insufficient to establish a fundamental alteration defense.”

DeBraun v. Meissner

958 F. Supp. 227 · District Court, E.D. Pennsylvania · Mar 28, 1997

The INS responds that its provision regarding suitable facilities clearly raised the issue that the INS intended to regulate the physical and structural requirements of a DFS— including permanency and excluding the mobility … It stated that by this rulemaking, it wanted “to establish eligibility standards, responsibilities, and application procedures” for certification. Id. at 25,857.

KEZIAH

District Court, E.D. Pennsylvania · Apr 27, 2026

The timing of the allegedly retaliatory behavior relative to the constitutionally protected conduct may establish a causal link between the two for purposes of establishing motivation. See Watson, 834 F.3d at 422. … App’x. 161 (3d Cir. 2016) (per curiam) (granting summary judgment on qualified immunity grounds to superintendent of prison who delayed for ten months approval of inmate’s request to marry because it was not clearly established

Dorman Products, Inc. v. Paccar, Inc.

201 F. Supp. 3d 663 · District Court, E.D. Pennsylvania · Aug 23, 2016

The mere fact that a dealer meeting took place is insufficient to meet Dorman’s burden of establishing a prima facie case of public use because Dorman has not established that a dealer meeting is the type of event generally … To the extent that he is qualified as an expert, Mr.

Hanish v. Westinghouse Broadcasting Co.

487 F. Supp. 397 · District Court, E.D. Pennsylvania · Mar 17, 1980

This rule is apparently well established in Pennsylvania. See e. g. Biggans v. … This general common law privilege, as the special common law *403 privilege discussed above, is a conditional or qualified privilege. See MacRae v. Afro-American Co., 172 F.Supp. 184 (E.D.Pa. 1959).

Ferguson v. Reed

44 F. Supp. 387 · District Court, E.D. Pennsylvania · Mar 25, 1942

In that case, the mother of an infant was advised by the vice president of a bank to deposit a sum of money belonging to the infant in a savings account in the bank without qualifying as guardian. … This distinction between the rule in cases where assets of the bank have been augmented and the rule in cases where they have not been augmented is clearly pointed out and discussed, with ample citation of authority, in the

Imperiale v. Hahnemann University

776 F. Supp. 189 · District Court, E.D. Pennsylvania · Oct 31, 1991

Defendant qualifies as an institution authorized to participate in PHEFA financing. 29. … State appropriations are clearly of great importance to Hahnemann.

Forte v. Matthews

427 F. Supp. 187 · District Court, E.D. Pennsylvania · Feb 7, 1977

Spergel also testified that, based on plaintiff’s education, vocational background and age, he would also be qualified for certain clerical jobs (Tr. 59). … Judge Luongo concluded that plaintiff had not carried his burden of establishing that this anxiety was acute enough to be disabling.

COLLINS v. SMALL BUSINESS ADMINISTRATION

District Court, E.D. Pennsylvania · Jan 6, 2023

Schillinger, 761 F.2d 921, 929 (3d Cir. 1985) (a litigant must show “intentional or purposeful discrimination” to establish an equal protection violation). … The FTCA waives the United States’ sovereign immunity for claims sounding in state tort law for money damages. 28 U.S.C. § 2674 (waiving sovereign immunity to make the United States liable “in the same manner and to the

EASTERN PARALYZED VETERANS OF PA. v. Sykes

697 F. Supp. 845 · District Court, E.D. Pennsylvania · Jun 30, 1988

Dop-ico, 687 F.2d at 652 (citing cases). 12 SEPTA has not established, for the purposes of the present summary judgment motion, that the installation of an elevator at Margaret-Orthodox would require massive expenditures. … Clearly, such a result was not intended by Congress.

Zimmermann v. Doylestown Borough

District Court, E.D. Pennsylvania · Jul 22, 2021

Third, a plaintiff may sue a state official for prospective injunctive relief on the theory first established in the landmark case of Ex Parte Young, 209 U.S. 123, 160 (1908). … (2009), we previously observed in the preemption context that Pennsylvania was “clearly acting with an ‘interest in setting policy,’ not as a proprietor,” in enacting and applying the statute.

McKinney v. West End Voluntary Ambulance Ass'n

821 F. Supp. 1013 · District Court, E.D. Pennsylvania · Nov 13, 1992

The facts in the instant case fall well short of establishing a Burton symbiotic relationship. … Accordingly, the Commonwealth’s involvement with the Ambulance Association does not qualify as state action under the close nexus test. D.

SAUNDERS v. BB&T BANK

District Court, E.D. Pennsylvania · Oct 20, 2020

a search incident to an arrest and Saunders has not clearly alleged his arrest was unlawful. … Letsinger, 889 F.2d 755, 761 (7th Cir. 1989) (“[J]udicial acts concerning the preparation and ultimate transfer of papers and transcripts to the appellate court qualify as judicial acts for which the grant of absolute immunity