Case law

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 .

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.

Meunier v. Wyeth

352 F. Supp. 2d 533 · District Court, E.D. Pennsylvania · Dec 1, 2004

Bichon and clearly beyond the applicable one-year statute of limitations. See Ky. Rev. Stat. Ann. § 413.140 (l)(e). IV. … Bichon *544 until the date of the qualifying echocardio-gram. Plaintiff is correct that she could not opt out of the Settlement Agreement until she had a qualifying echocardiogram. Settlement Agreement § IV.D.3.

O.C. v. PARKLAND SCHOOL DISTRICT

District Court, E.D. Pennsylvania · May 14, 2025

So, without more, the Court concludes that merely having a “disability” does not qualify for protected-class status under § 2000d—a conclusion consistent with several District Court decisions in this Circuit. … The School District contends that it is immune from such claims pursuant to the Political Subdivision Tort Claims Act, 42 Pa. Cons. Stat. § 8541.

Whittle v. Schemm

402 F. Supp. 1294 · District Court, E.D. Pennsylvania · Nov 3, 1975

This principle is clearly stated in the landmark case of Kline v. Moyer, 325 *1297 Pa. 357, 364, 191 A. 43, 46 (1937), on which defendants rely. … John and Dorsey clearly show that the failure to charge on superseding cause did not harm defendants Knudsen and Schemm. Degrees of Negligence.

Penn Galvanizing Co. v. Lukens Steel Co.

59 F.R.D. 74 · District Court, E.D. Pennsylvania · Mar 12, 1973

Plaintiff clearly is entitled to discovery on this factual issue. … of Count I do in fact establish an unlawful tying arrangement.

United States v. Marshall

340 F. Supp. 117 · District Court, E.D. Pennsylvania · Mar 16, 1972

He was found physically qualified to serve in the Armed Forces. 6. On February 20, 1970, defendant was issued an Order to Report for Induction on March 20, 1970. 7. … DISCUSSION At the outset the Court must reluctantly note that the facts clearly indicate that this ease is burdened by an abundance of irregular conduct on the part of all participants to this litigation, commencing from

HAEUSSLER v. CHILD SUPPORT AGENCY OF BUCKS COUNTY

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

common usage and legislative intent of section 1983.73 The Child Support Agency of Bucks County, a subdivision of the Commonwealth, cannot qualify as a “person” under section 1983.74 … The Sheriffs are immune from damages claims in their individual capacities.

CUSTER v. GREEN

District Court, E.D. Pennsylvania · Dec 1, 2023

Furthermore, only a natural person may qualify for treatment in forma pauperis under 28 U.S.C. § 1915. See Rowland v. Cal. … The FTCA waives the United States’ sovereign immunity for claims for money damages sounding in state tort law. 28 U.S.C. § 2674 (waiving sovereign immunity to make the United States liable “in the same manner and to the

United States v. Eleven Vehicles

966 F. Supp. 361 · District Court, E.D. Pennsylvania · May 30, 1997

Herbert (“Herbert Affidavit”), upon which the seizure warrant was issued, was insufficient to establish probable cause for forfeiture. … Second, the claimants argument that there were no other qualified counsel available, is made without support. Claimants never demonstrated that qualified counsel was not available.

SmithKline Beecham Corp. v. Apotex Corp.

232 F.R.D. 467 · District Court, E.D. Pennsylvania · Dec 30, 2005

We will generally apply Third Circuit law, but turn to Federal Circuit precedent when our analysis “clearly implicat[es] substantive patent” issues. … We cannot find such communications meet the requirements for establishing the privilege____”).

Dicioccio v. Chung

232 F. Supp. 3d 681 · District Court, E.D. Pennsylvania · Jan 20, 2017

Salata received the services listed in § 409.10(a), he did not qualify as an inpatient under the CMS regulations because he was not “formally admitted” as one. … Stabilization Finally, PMMC argues that Plaintiff cannot establish the third element of an EMTALA claim because Mr.

In Re I. J. Knight Realty Corp.

366 F. Supp. 450 · District Court, E.D. Pennsylvania · Aug 17, 1973

What is presently Section 960 of the Judicial Code, 28 U.S.C. § 960 (1970), was enacted on June 18, 1934. 15 The purpose for its enactment is clearly stated in the report from the Committee on the Judiciary which accompanied … established rule not to extend their provisions, by implication, beyond the clear import of the language used, or to enlarge their operations so as to embrace matters not specifically pointed out.

Di Maggio v. O'BRIEN

497 F. Supp. 870 · District Court, E.D. Pennsylvania · Aug 14, 1980

Therefore, in accordance with established constitutional jurisprudence, a constitutional question will not be addressed if a statutory claim is dispositive. Ashwander v. … Thus the exercise of pendent jurisdiction in this case clearly promotes judicial economy and causes no undue hardship to the defendants.

Kindler v. Horn

291 F. Supp. 2d 323 · District Court, E.D. Pennsylvania · Sep 24, 2003

The Supreme Court has noted that “clearly established Federal law” un *344 der § 2254(d)(1) is the governing legal principle or principles set forth by it (the Supreme Court) at the time the state court renders its decision … A state court’s decision is “contrary to clearly established precedent” if the state court applies a rule that contradicts the governing law set forth in the Supreme Court’s cases or if the state court confronts a set of

Dike v. Penn Ins. & Annuity Co.

295 F. Supp. 3d 530 · District Court, E.D. Pennsylvania · Jan 10, 2018

Thus Texas is clearly the forum with a greater interest in this case. There is a two year statute of limitations for the negligence and negligent supervision claims. Tex. Civ. Prac. & Rem. Code § 16.003(a). … Please consult a qualified tax advisor regarding your own personal situation. (Def. Ex. A-1, Policy at 3.)

Lahaza v. Azeff

790 F. Supp. 88 · District Court, E.D. Pennsylvania · Mar 31, 1992

The mere fact that Lahaza believed that his continued employment in that job could harm his political candidacy is clearly insufficient to show involuntary resignation. … This is clearly not what was intended by Congress in the drafting of 42 U.S.C. § 1983 . Paul at 698-699 , 96 S.Ct. at 1159 .

Sayed-Aly v. Tommy Gun, Inc.

170 F. Supp. 3d 771 · District Court, E.D. Pennsylvania · Mar 16, 2016

The PHRA supplies a lengthy list of the types of establishments that constitute a “public accommodation, resort or amusement.” … reaches discrimination against an individual ’because he or she is genetically part of an ethnically and phy-siognomically distinctive sub-grouping of homo sapiens,’” but even a “distinctive physiognomy is not essential to qualify

Contractors Ass'n of Eastern Pennsylvania, Inc. v. City of Philadelphia

735 F. Supp. 1274 · District Court, E.D. Pennsylvania · Apr 5, 1990

In addition, Sanford Hines warned that establishing anything greater than a one percent set-aside when there is an insufficient number of qualified HBE’s to perform that work will only serve to promote fraud rather than the … It provides that to hid for the $4 million of contracts reserved for disadvantaged businesses, a firm must establish that it qualifies as a socially and economically disadvantaged business. 6 .

Alberton v. Commonwealth Land Title Insurance

299 F.R.D. 109 · District Court, E.D. Pennsylvania · Apr 24, 2014

Plaintiffs allege that Defendant did not adhere to the mandatory pricing scheme established by these sections by failing to charge the appropriate discounted rate for qualified purchasers of title insurance. B. … Cons.Stat. § 1926 (“No statute shall be construed to be retroactive unless clearly and manifestly so intended.”). Third, the 2005 Amendments had an effective date of August 1, 2005.