Case law

Eastern Paralyzed Veterans Ass'n of Pennsylvania Inc. v. Sykes

676 F. Supp. 597 · District Court, E.D. Pennsylvania · Aug 14, 1987

Departures from particular requirements of these standards by the use of other methods shall be permitted when it is clearly evident that equivalent access to the facility or part of the facility is thereby provided. 49 C.F.R … Part 27, established separate, independent criteria for compliance with the regulation, and both sets of requirements must be satisfied. DOT Memorandum at p. 13.

William Goldman Theatres, Inc. v. Loew's, Inc.

54 F. Supp. 1011 · District Court, E.D. Pennsylvania · Apr 8, 1944

Another established practice is block booking. … Pullman Co., D.C., 50 F.Supp. 123, 134 , the Circuit Court Judges of the Third Circuit sitting as an Expediting Court held that “Monopoly be- . ing clearly established any number * * * of its baleful practices need not be

BOOKARD v. THE ESTEE LAUDER COMPANIES, INC.

District Court, E.D. Pennsylvania · Mar 11, 2020

For a written indemnity agreement to waive an employer’s immunity under the Pennsylvania statute, “[t]he intent to indemnify against claims by employees of the alleged indemnitor . . . must clearly appear from … It is not clear, however, that these differences establish a true conflict.

In re Knowlton & Co.

196 F. 837 · District Court, E.D. Pennsylvania · May 24, 1912

When the Gardner firm became a partner in the Philadelphia firm, the sum total of what it brought into the Philadelphia association had already been pledged — if I may so say — to objects defined by well-established legal … The proof of this claim amounts in effect to an endeavor to retake a portion of tlie price paid by them for their release and immunity from further liability.”

Fuller v. Harding

699 F. Supp. 64 · District Court, E.D. Pennsylvania · Sep 6, 1988

The standard for addressing these constitutional limitations were established in International Shoe Co. v. Washington, 326 U.S. 310 , 66 S.Ct. 154 , 90 L.Ed. 95 (1945). … It is also obvious that defendant Harding, through this contact, has not attempted to purposely avail himself of the privileges and immunities of the Commonwealth.

Gorman v. Bail

947 F. Supp. 2d 509 · District Court, E.D. Pennsylvania · May 23, 2013

While being arrested and formally charged with a felony qualifies as such an extraordinary circumstance, Gilbert v. … Evanson, 615 F.3d 197 (2010), which clearly stand for the proposition that police officers may not ignore exculpatory evidence.

Barran v. Johnson

192 F. Supp. 3d 585 · District Court, E.D. Pennsylvania · Jun 28, 2016

.; or (B) showing that the materials [that the moving party has cited] do not establish the absence... of a genuine dispute.” Fed.. R. Civ. P. 56(c)(1). … Nonetheless, as noted repeatedly, the Act clearly states. that family-based immigration petitions should only be allowed where USCIS determines that the petitioner poses “no risk” to the alien beneficiary, and the assessment

Goodwin v. Pennridge Sch. Dist.

389 F. Supp. 3d 304 · District Court, E.D. Pennsylvania · May 31, 2019

Whether PSD was Deliberately Indifferent To establish that PSD's response to her allegations evinced "deliberate indifference," Goodwin must show its actions were "clearly unreasonable." … Even assuming the guidances were " 'thorough[ly] ... consider[ed]' and 'valid[ly] ... reason[ed]' about the meaning of" Title IX, they did not "clearly establish" specific new procedural rights for sexual harassment victims

BUCHANAN v. VANHORN

District Court, E.D. Pennsylvania · Feb 16, 2024

As Buchanan’s § 1983 claims against Judge Stone are based on acts she took in her judicial capacity while presiding over Buchanan’s criminal case for which she clearly had jurisdiction to act, the claims against Judge Stone … To state a claim for false arrest under the Fourth Amendment, a plaintiff must allege facts establishing that he was arrested without probable cause. See Orsatti v. N.J.

Love v. Law School Admission Council, Inc.

513 F. Supp. 2d 206 · District Court, E.D. Pennsylvania · Mar 9, 2007

Gordon was qualified as an expert in the area of ADHD, and to the extent that there is a co-morbidity with learning disabilities, he was qualified as an expert in learning disabilities. (Tr. 5 at 75 (Gordon).) … Clearly, reading, learning, and processing information are major life activities under the ADA. B.

Reading Company v. Pope & Talbot, Inc.

192 F. Supp. 663 · District Court, E.D. Pennsylvania · Mar 10, 1961

The vessel was being navigated by Captain Bamforth, an experienced, qualified and licensed coastal pilot. … The general rule, and the authorities therefor, are clearly stated in Lowery v. The Ellen S. Bouchard, D.C.N.D.N.Y.1955, 128 F.

Allen v. Atlantic Richfield Retirement Plan

480 F. Supp. 848 · District Court, E.D. Pennsylvania · Nov 29, 1979

Biesenkamp and learned that, in Biesenkamp’s opinion, Allen’s condition was severe enough to qualify him for early retirement on the basis of disability. … Clearly therefore, part of the fiduciary’s duty under § 1104 is to provide employees with a comprehensive explanation of the contents of the plan.

MILLER v. EVANS

District Court, E.D. Pennsylvania · May 25, 2023

. § 1915A(b)(1), or that “seeks monetary relief from a defendant who is immune from such relief,” id. § 1915A(b)(2). … The Eleventh Amendment bars suits against a state and its agencies in federal court when the state has not waived that immunity, id., and the Commonwealth of Pennsylvania has not waived that immunity. See 42 Pa.

In Re Beck Rumbaugh Associates, Inc.

114 B.R. 418 · District Court, E.D. Pennsylvania · May 3, 1990

Although this court’s review of questions of law is plenary, the court will not set aside the factual findings of the bankruptcy court unless the findings are clearly erroneous. … The bankruptcy court declared the attempted garnishment null and void because federal instru-mentalities are immune from state court garnishment.

Mills v. Temple University

869 F. Supp. 2d 609 · District Court, E.D. Pennsylvania · Apr 3, 2012

To establish a prima facie case of discrimination under the ADA, Mills must show that (1) she has a disability within the meaning of the ADA; (2) she is otherwise qualified to perform the essential functions of the job, with … Mills’s supervisors were aware of the situation and tolerated her refusal to file for more than seven months—a fact that is clearly inconsistent with the conclusion that filing was an essential function of Mills’s job.

MOSLEY v. BARTLE

District Court, E.D. Pennsylvania · Nov 7, 2023

‘“To establish a claim under § 1981, the plaintiff must allege (1) he is a member of a racial minority; (2) the defendant intended to discriminate against the plaintiff on the basis of race; and (3) the discrimination concerned … Making the decision not to dismiss an indictment is clearly an act intimately associated with the judicial phase of the criminal process, making Miller absolutely immune from Mosely’s § 1981 claim.

Johnson v. Federal Bureau of Investigation

118 F. Supp. 3d 784 · District Court, E.D. Pennsylvania · Aug 4, 2015

Pending or Prospective Enforcement Proceeding- The parties dispute whether proceedings in connection with a § 2255 motion qualify as law enforcement proceedings subject to Exemption 7(A). … “Under our public-domain doctrine, materials normally immunized from disclosure under FOIA lose their protective cloak once disclosed and preserved in a permanent public record.” Cottone v.

Mulgrew v. Sears Roebuck & Co.

868 F. Supp. 98 · District Court, E.D. Pennsylvania · Oct 5, 1994

A court must determine whether the party making the claim would be entitled to relief under any set of facts that could be established in support of his or her claim. Hishon v. … Being only thirty-eight at the time of his discharge, Mulgrew was a year and a half short of being able to qualify as a “protected class” under the PHRA.

Glasshofer v. Thornburgh

514 F. Supp. 1242 · District Court, E.D. Pennsylvania · May 22, 1981

Thus defendants have clearly provided plaintiffs with an opportunity to practice their religion. … Corp., 429 U.S. 252, 260-64 , 97 S.Ct. 555, 560-62 , 50 L.Ed.2d 450 (1977), they lack standing to challenge harassment of Jewish visitors in general because “a litigant may only assert his own constitutional rights and immunities

Travelers Home & Marine Insurance Co. v. Stahley

239 F. Supp. 3d 866 · District Court, E.D. Pennsylvania · Mar 3, 2017

related to their son’s intentional and criminal actions may constitute an “occurrence,” because from the parents’ perspective, “[the victims’] injuries were caused by an event so unexpected, undesigned and fortuitous” as to qualify … The use of the terms ‘any’ and ‘an’ in the exclusions clearly indicate that the insureds’ obligations under the policy. ..are joint, not several.”).