Case law

SodexoMAGIC, LLC v. Drexel Univ.

291 F. Supp. 3d 681 · District Court, E.D. Pennsylvania · Feb 23, 2018

The Third Circuit has articulated the required elements to establish the attorney-client privilege under Pennsylvania law: (1) the asserted holder of the privilege is or sought to become a client; (2) the person to whom the … Nonetheless, to successfully assert the attorney-client privilege, the corporation "must clearly demonstrate that the communication in question was made for the express purpose of securing legal not business advice," AAMCO

Ernst v. Ace Motor Sales, Inc.

550 F. Supp. 1220 · District Court, E.D. Pennsylvania · Nov 12, 1982

Testimony must be rejected if it conflicts with physical facts “so clearly established that they cannot be erroneous.” Brett v. Phila. Transp. Co., 154 Pa.Super. 429, 430 , 36 A.2d 230, 230 (1944). … Assured clear distance ahead is the distance which a person can “clearly see.” Enfield v. Stout, 400 Pa. 6, 11 , 161 A.2d 22, 25 (1960); Unangst v. Whitehouse, et al., 235 Pa.Super. 458, 463 , 344 A.2d 695, 698 (1975).

Bowen v. Blaine

243 F. Supp. 2d 296 · District Court, E.D. Pennsylvania · Feb 6, 2003

Strickland framework Establishing ineffective assistance of counsel under the familiar standard stated in Strickland v. … Second, the petitioner may attempt to show that the state court’s adjudication of the petitioner’s claim resulted in either “a decision that was contrary to, or involved an unreasonable application of, clearly established

HART v. GORDON

District Court, E.D. Pennsylvania · Dec 9, 2024

On November 1, 2022, Detective Gordon answered Hart’s Amended Complaint, and included qualified immunity as an affirmative defense. ECF No. 29. … immunity.

JACKSON v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Dec 7, 2020

He also argues summary judgment is proper because Plaintiff cannot otherwise establish a claim for malicious prosecution. (Id. at 11-13). He lastly avers that qualified immunity bars Plaintiff’s claims. … immunity.

ZUBER v. SORBER

District Court, E.D. Pennsylvania · Jan 9, 2023

Zuber’s COVID-19 diagnosis alone is an insufficient basis upon which to establish a constitutional violation. … Finally, Zuber’s Eighth Amendment claims based on the deprivation of phone calls during his 14-day isolation do not qualify as an Eighth Amendment violation. See Castillo v.

County of Lancaster v. Philadelphia Electric Co.

386 F. Supp. 934 · District Court, E.D. Pennsylvania · Jan 3, 1975

It will not be necessary to discuss all the grounds since dismissal is clearly dictated by principles of res judicata. … Applying that test here, there is clearly identity of parties as to the County of Lancaster, Penn Manor School District and PECO.

McNeil Consumer Brands, Inc. v. U.S. Dentek Corp.

116 F. Supp. 2d 604 · District Court, E.D. Pennsylvania · Sep 22, 2000

To establish a claim of trademark dilution under the FTDA plaintiff McNeil must establish the following four elements: (1) its “Tylenol” mark qualifies as famous considering the eight factors listed in § 1125(c)(1); (2) DenTek … Clearly, “Tylenol,” which is a made-up word, fits into this category.

ACIE-GRIFFIN v. SECRETARY OF THE TREASURY

District Court, E.D. Pennsylvania · May 12, 2025

STANDARD OF REVIEW A plaintiff seeking leave to proceed must establish that he is unable to pay for the costs of his suit. , 886 F.2d … “[T]he United States, as sovereign, is generally immune from suits seeking money damages.” , 601 U.S. 42, 48 (2024) (citation omitted).

Chambers v. School District of Philadelphia Board of Education

827 F. Supp. 2d 409 · District Court, E.D. Pennsylvania · Oct 24, 2011

In order to establish liability for a violation of § 504, “a plaintiff must prove that (l)[s]he is ‘disabled’ as defined by the Act; (2)[s]he is ‘otherwise qualified’ to participate in school activities; (3) the school or … Testimony on either of these topics would be clearly inadmissible under Rule 802 and would, under any scenario, be of highly dubious relevance. 11 . As the Supreme Court noted in Alexander v.

Delaware River Basin Commission v. Bucks County Water & Sewer Authority

545 F. Supp. 138 · District Court, E.D. Pennsylvania · Jun 30, 1982

Moreover, the power of DRBC to promulgate Resolution 74-6 was not contested since it was clearly determined in Borough of Morrisville v. … Moreover, the remarks of Governor Lawrence discussed earlier suggest quite clearly that DRBC’s financing authority was limited so that those groups which had established positions in the Basin could continue to withdraw Basin

Chestnut Fleet Rentals, Inc. v. Hertz Corp.

72 F.R.D. 541 · District Court, E.D. Pennsylvania · Oct 20, 1976

Defendants readily admit that plaintiffs’ counsel are experienced, able and highly qualified to litigate a class action. 3 However, they vigorously argue that the plaintiffs’ claims are not “typical” of those in the proposed … Brown, 317 U.S. 341 , 63 S.Ct. 307 , 87 L.Ed. 315 (1943) (Governmental action immunity). . Eastern R.R. Conference v. Noerr Motor Freight, 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 (1961); United Mine Workers v.

FISCHMAN

District Court, E.D. Pennsylvania · Jun 3, 2026

The Discretionary Function Exception Immunizes the Government from Liability. … The United States Supreme Court established a two-part test to determine whether the discretionary function applies in any particular case. United States v. Gaubert, 499 U.S. 315, 322–23 (1991).

Gannaway v. Prime Care Medical, Inc.

150 F. Supp. 3d 511 · District Court, E.D. Pennsylvania · Dec 21, 2015

rights, privileges, or immunities secured by the Constitution or laws of the United States. … Next, to the extent that Plaintiff claims that Defendants McHenry and Detwiler falsified misconduct reports, such conduct does riot qualify as a constitutional violation.

Faloney v. Wachovia Bank, N.A.

254 F.R.D. 204 · District Court, E.D. Pennsylvania · Jun 25, 2008

The corporation “ ‘must clearly demonstrate that the communication in question was made for the express purpose of securing legal not business advice.’ ” Id. (quoting Aamco Transmissions, Inc. v. … The court reasoned the company’s concern with safety and desire to avoid potential liability did not “extend immunity to all documents generated by that concern.” Id.

Griffiths v. Cigna Corp.

857 F. Supp. 399 · District Court, E.D. Pennsylvania · Jun 27, 1994

on the grounds of local governmental immunity, thereby contending in essence that the trial court lacked jurisdiction to enter a judgment against the school district. … Defendant is especially enamored of Savko’s finding that the plaintiff had “failed to establish a prima facie ease of retaliation because she did not establish a causal connection between the filing of the discrimination

Tabor v. Miller

269 F. Supp. 647 · District Court, E.D. Pennsylvania · Jun 1, 1967

But in some few cases absence may be a policy, instead of the result of military service, and discretion is vested in the courts to see that the immunities of the Act. are not put to such unworthy use. Boone v. … The [letter] pretty clearly implied that he had not.” Boone v. Lightner, id., at p. 572, 63 S.Ct., at p. 1230 .

In re Tylenol (Acetaminophen) Marketing, Sales Practices & Products Liability Litigation

181 F. Supp. 3d 278 · District Court, E.D. Pennsylvania · Apr 19, 2016

The doctrine also includes a "sham exception” which provides that “activity ‘ostensibly directed toward influencing governmental action' does not qualify for Noerr immunity if it ‘is a mere sham to cover... an attempt to … Immunity from liability is necessary so as not to chill the exercise of that right.”); Congregation Anshei Roosevelt v.

Roach v. SCI Graterford Medical Dept.

398 F. Supp. 2d 379 · District Court, E.D. Pennsylvania · Nov 4, 2005

“Allegations of ‘inadvertent failure to provide adequate medical care’ or ‘negligent ... diagnosis’ fail to establish the requisite culpable state of mind.” Wilson v. … This process is also clearly described in the "Inmate Handbook" provided to the Court by plaintiff. (PL's Br. at App. E.) 3 . Plaintiff contends that his letter to Mr.

SPONE v. REISS

District Court, E.D. Pennsylvania · Mar 14, 2024

Should Plaintiff amend her Complaint, DA Weintraub is invited to renew any claims of qualified immunity. … However, Count II is currently too vaguely pleaded for this Court to attempt a qualified immunity analysis.