Case law

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.

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

Cellucci v. RBS Citizens, N.A.

987 F. Supp. 2d 578 · District Court, E.D. Pennsylvania · Dec 17, 2013

Nonetheless, Citizens Bank argues that Cellueci has not established a prima facie case of discrimination because she cannot show that she was qualified for the position of branch manager. … Citizens Bank has clearly met that burden here, providing evidence that Cellucci’s employment was terminated due to her ongoing performance deficiencies.

McDevitt v. Gunn

182 F. Supp. 335 · District Court, E.D. Pennsylvania · Apr 1, 1960

Commandant of the Coast Guard, certifying that plaintiff is qualified to act as master on steam towing vessels of 300 gross tons or less navigating on rivers and as first-class pilot on all vessels navigating on the Schuylkill … The courts repeatedly have held that the power to grant a preliminary injunction is “a very far reaching power, never to be indulged in except in a case clearly demanding it.” Murray Hill Restaurant v.

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 .

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 . . .

United States v. Fischer

245 F. 477 · District Court, E.D. Pennsylvania · Sep 27, 1917

This is said, having in mind that evidence of this character may be so clearly worthless as to call for its rejection. … The same distinction has its influence in deciding whether a witness had qualified as an expert.

Zysk v. FFE MINERALS USA INC.

225 F. Supp. 2d 482 · District Court, E.D. Pennsylvania · Dec 14, 2001

As applied to ADEA cases, the plaintiff establishes a prima facie case of discriminatory failure to promote by showing that (1) he is over 40, (2) he is qualified for the position in question, (3) he suffered an adverse employmént … However, just as use of such criteria does not establish discrimination, cloaking such criteria with an appearance of objectivity does not immunize an employment decision from a *498 claim of discrimination.

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

Doyle v. United States

358 F. Supp. 300 · District Court, E.D. Pennsylvania · Mar 30, 1973

The well-established proposition of federal estate tax law was stated in Morgan v. … Clearly, the decedent was the main object of the testator’s bounty. *309 With these two rules in mind — (1) that the power must be clearly limited, and (2) that the power must be given its broadest meaning and “good faith

Medina v. Beers

65 F. Supp. 3d 419 · District Court, E.D. Pennsylvania · Nov 5, 2014

By its plain terms, however, this section has nothing to do with whether an alien under TPS may qualify for adjustment of status by the Attorney General. … By enacting § 1254a(f), Congress clearly indicated that it did not intend to erect such a bar, as it provided lawful nonimmigrant status to all TPS beneficiaries.

United States v. Perkins

596 F. Supp. 528 · District Court, E.D. Pennsylvania · Feb 13, 1984

Here, both Gray and Gureghian were granted immunity by the government. … This statement was clearly admissible against Perkins as an admission by a party opponent under Rule 801(d)(2)(A) and was offered by the government only against Perkins to show his knowledge and state of mind.

Death Row Prisoners v. Ridge

948 F. Supp. 1258 · District Court, E.D. Pennsylvania · Oct 17, 1996

Such suits are deemed to be against officials and not the States or their agencies, which retain their immunity against all suits in federal court. … The question presented to the Court was whether plaintiffs could seek the requested relief under § 1983 even though the federal habeas statute clearly provided a specific federal remedy.

Azriel v. Frigitemp Corporation

397 F. Supp. 871 · District Court, E.D. Pennsylvania · Jul 29, 1975

Plaintiff qualifies as one who may invoke diversity jurisdiction pursuant .to the provisions of 28 U.S.C. § 1332 (a)(2). … Clearly, based on these facts, the Southern District of New York is a proper forum in which the action could have been brought originally by plaintiff.

ARISTILDE

District Court, E.D. Pennsylvania · Jan 23, 2026

, id., and the Commonwealth of Pennsylvania has not waived that immunity. … Sept. 29, 1989) (“It is well established that the police powers constitutionally permit regulation of vehicles traveling the public roadways.”), aff’d, 908 F.2d 961 (3d Cir. 1990).

United States v. Colletta

602 F. Supp. 1322 · District Court, E.D. Pennsylvania · Feb 21, 1985

Doe, _ U.S. _, 104 S.Ct. 1237 , 79 L.Ed.2d 552 (1984), even if the assistance furnished by the defendant to the agent were to be regarded as compelled, the resulting Fifth Amendment immunity would go only to his authentication … And Doe clearly establishes that there is no Fifth Amendment privilege inherent in records voluntarily prepared in the course of a business, as were these records. Doe, supra, 104 S.Ct. at 1241-42 .

Epps v. Cortese

326 F. Supp. 127 · District Court, E.D. Pennsylvania · May 24, 1971

. §§ 2201-2202 seeking to redress alleged deprivations, under color of state law, of rights, privileges and immunities secured by the Federal Constitution. … These proceedings clearly are not quasi criminal in nature nor are they in aid of any criminal proceeding.

Regalbuto v. City of Philadelphia

937 F. Supp. 374 · District Court, E.D. Pennsylvania · Dec 12, 1995

Under Rule 12(c), judgment will only be granted if it is clearly established that no material issue of fact remains to be resolved and that the movant is entitled to judgment as a matter of law. … an State or Territory, or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

GAYLE

District Court, E.D. Pennsylvania · Jun 30, 2026

“[W]hether a prosecutor is entitled to absolute immunity depends on whether she establishes that she was functioning as the state’s ‘advocate’ while engaging in the alleged conduct that gives rise to the constitutional … Defendants Blake and Baratta are clearly subject to immunity from Gayle’s claims, which are based on their prosecution of the criminal case against him.

Schanne v. Addis

898 F. Supp. 2d 751 · District Court, E.D. Pennsylvania · Sep 27, 2012

The nonmoving party must then “make a showing sufficient to establish the existence of [every] *755 element essential to that party’s case, and on which that party will bear the burden of proof at trial.” … The bare possibility that the proceeding might be instituted is not to be used as a cloak to provide immunity for defamation when the possibility is not seriously considered. Restatement (Second) Torts § 588 cmt.