Case law

O'BRIEN v. City of Philadelphia

837 F. Supp. 692 · District Court, E.D. Pennsylvania · Nov 22, 1993

The plaintiff can establish a prima facie case by showing: (1) that he or she is a member of a protected class; (2) that he or she was qualified for the job but was nevertheless rejected for the position; and (3) that non-members … If the plaintiff is able to establish such a prima facie case, the burden of production shifts to the defendant to clearly set forth a legitimate, non-discriminatory reason for the discharge.

Shieh v. Lyng

710 F. Supp. 1024 · District Court, E.D. Pennsylvania · Apr 4, 1989

The deadlines established in the January 28, 1986 meeting were set forth in a memo to plaintiff from Dr. Thayer. … There was clearly a mismatch between plaintiff and Dr.

Fekade v. Lincoln University

167 F. Supp. 2d 731 · District Court, E.D. Pennsylvania · Apr 3, 2001

Fekade’s filing an EEOC claim clearly constitutes a statutorily protected activity, and the decision not to renew her contract amounts to an adverse employment action. … Even if the approval of that decision by Donaldson and the University’s Judicial Committee qualified as the actual adverse employment action, however, there is no evidence of record to establish a causal connection between

Shiffler v. Equitable Life Assurance Society of the United States

663 F. Supp. 155 · District Court, E.D. Pennsylvania · Feb 6, 1986

That is, plaintiff does not dispute that such insurance law, if applied, clearly “relates to” the plan and thus would seem to be preempted by this provision. … Section 1132 establishes several causes of action to promote enforcement of ERISA.

HUMPHRIES v. U.S. DEPARTMENT OF HOUSING & URBAN DEVELOPEMENT

District Court, E.D. Pennsylvania · Dec 4, 2024

Congress, however, may choose to waive that immunity. Id. “Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.” FDIC v. … Under that Section, “[n]o otherwise qualified individual with a disability in the United States . . .

Reyher v. Grant Thornton, LLP

262 F. Supp. 3d 209 · District Court, E.D. Pennsylvania · Jul 6, 2017

Thus, although Lawson did not directly address the situation at issue in this case, the Lawson majority clearly contemplated that section 1514A would not extend to an individual such as Reyher, who engaged in whistleblowing … I make no ruling as to whether internal reporting is sufficient to establish a Dodd-Frank anti-retaliation claim, because, in this case, I find that the motion to dismiss should be granted even if reporting interally qualified

Cox v. SEPTA

District Court, E.D. Pennsylvania · Dec 26, 2024

Whether Former Chief Nestel is Entitled to Qualified Immunity Because the Court has granted summary judgment for Defendants on Plaintiff’s equal protection claims, it need not reach the question of whether Chief … Nestel is entitled to Qualified Immunity.

Applications Research Corp. v. Naval Air Development Center

752 F. Supp. 660 · District Court, E.D. Pennsylvania · Dec 4, 1990

The only “bait and switch” that the key personnel clause forbids is one in which a contractor proposes highly qualified staff in order to receive a high evaluation score, but then uses minimally qualified personnel to staff … 0001, therefore stated clearly that it permitted an awardee to charge to NADC as direct contract costs the expenses incurred in relocating and recruiting initial staff.

Equal Employment Opportunity Commission v. International Union of Elevator Constructors, Local Union No. 5

398 F. Supp. 1237 · District Court, E.D. Pennsylvania · Jul 3, 1975

current an open list for the employment of workmen qualified to perform the duties required. … experience in the industry) to qualify for the higher paying job of mechanic.

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.

Jones v. ABN Amro Mortgage Group, Inc.

551 F. Supp. 2d 400 · District Court, E.D. Pennsylvania · Apr 10, 2008

An agency relationship may be established by the grant of either actual or apparent authority. … Plaintiffs Have Not Made a Prima Facie Case for a Violation of RES-PA’s Qualified Written Request Provisions RESPA requires mortgage loan servicers who receive a “qualified written request” (“QWR”) for action or information

Democratic Party of United States v. National Conservative Political Action Committee

578 F. Supp. 797 · District Court, E.D. Pennsylvania · Dec 12, 1983

Schmitt, which establishes that section 9012(f) is unconstitutional, strips away the good faith immunity of its officials under Harlow v. … Goff, 275 U.S. 503 , 48 S.Ct. 155 , 72 L.Ed. 395 (1927), aff’g, 12 F.2d 396 (2d Cir.1926) (giving absolute immunity to federal prosecutors). 18 .

Kortyna v. Lafayette College

47 F. Supp. 3d 225 · District Court, E.D. Pennsylvania · Sep 19, 2014

Title I clearly applies in this case. But for the employee-employer relationship, Dr. Kortyna and Lafayette would not be connected. … None of these cases is persuasive because none involve parties with established employer-employee relationships. See Dudley v. Hannaford Bros.

PENA v. United States

District Court, E.D. Pennsylvania · Dec 19, 2024

In conjunction with his purchase, Peña was required to fill out an application to establish that he qualifies to legally purchase a firearm in the state. Am. Compl. ¶ 20(c). … Jan. 27, 2014) (finding that the misrepresentation exception did apply where an IIED claim was founded upon misstatements, and the effect on plaintiff—in this case, the effect of her clearly proven reliance on those statements—was

Schuylkill Haven Trust Co. v. United States

252 F. Supp. 557 · District Court, E.D. Pennsylvania · Mar 15, 1966

This decline in value, if any, cannot of itself qualify as a loss under Section 165. United States v. S. S. White Dental Mfg. Co., 274 U.S. 398 , 47 S.Ct. 598 , 71 L.Ed. 1120 (1927); Gulf Power Co. v. … The determination of what constitutes a loss under Section 165 of the Internal Revenue Code is clearly a federal question.

Save Ardmore Coalition v. Lower Merion Township

419 F. Supp. 2d 663 · District Court, E.D. Pennsylvania · Nov 9, 2005

The statutory language of the APA does not explicitly define what qualifies as “final” agency action. Hindes v. FDIC, 137 F.3d 148, 162 (3d Cir.1998). … But the record must clearly establish that after jurisdiction was challenged the plaintiff had an opportunity to present facts by affidavit or by deposition, or in an evidentiary hearing, in support of his jurisdictional

Mozur v. Orr

600 F. Supp. 772 · District Court, E.D. Pennsylvania · Jan 15, 1985

The Report of Physical Examination and Induction dated December 22, 1942 notes no serious medical problems and states that plaintiff was “physically and mentally qualified for general military service.” … Service medical records clearly document applicant’s mental condition existed pri- or to induction in the armed services and was not service-incurred. 4.

Lemon v. Sloan

340 F. Supp. 1356 · District Court, E.D. Pennsylvania · Apr 6, 1972

Clearly an unrestricted grant of funds by the state directly to church-related schools would constitute state support of religious instruction and worship in violation of the Establishment Clause. “ * * * General subsidies … In determining whether state payments under the Act are constitutional, we must examine the criteria which qualify an individual for receipt of the funds.

Pennsylvania v. Powers

311 F. Supp. 1219 · District Court, E.D. Pennsylvania · Mar 31, 1970

But the facts necessary to establish such a claim of retaliatory prosecution should be developed in the state tribunals in the first instance. … Also the sentence omitted clearly demonstates that the instant matter is unlike Dombrowski since the petitioner does not attack any statute. .

United States v. Improto

542 F. Supp. 904 · District Court, E.D. Pennsylvania · Jul 8, 1982

It is only necessary to prove so much thereof as establishes, prima facie, that there has been a violation of the statute involved.” Bath, supra, quoting United States v. … Fearful of their own culpability, these individuals sought and eventually were granted immunity.