Case law

Vazquez v. Rossnagle

163 F. Supp. 2d 494 · District Court, E.D. Pennsylvania · Feb 16, 2001

Once the defendant had established that there was probable cause for an arrest, however, he did not need to confirm his finding of probable cause through additional investigations. In Merkle v. … Because the Court holds that there was no constitutional or state-law violation, the Court does not have to reach the question whether Officer Rossnagle would be entitled to qualified immunity.

Ezold v. Wolf, Block, Schorr & Solis-Cohen

157 F.R.D. 13 · District Court, E.D. Pennsylvania · Apr 28, 1994

Considering the large numbers of women who have entered the legal profession over the past few years and the comparatively small number of female partners, Ezold clearly raised a significant issue of public concern. … plaintiff demonstrates that ‘[s]he was sufficiently qualified to be among those persons from whom a selection, to some extent discretionary, would be made.’

Woodson v. City of Philadelphia

54 F. Supp. 2d 445 · District Court, E.D. Pennsylvania · Jun 26, 1999

Moreover, plaintiffs’ interpretation must be qualified, as Boiler agrees that he did not speak with the principal on the day in question. … Consequently, the court does not rule on defendants’ claims regarding immunity under state law for state causes of actions.

United States v. Rankin

1 F. Supp. 2d 445 · District Court, E.D. Pennsylvania · Mar 26, 1998

A court’s involvement in a prior proceeding, however, ordinarily does not qualify as an extrajudicial source of bias or prejudice. … Clearly such actions had the natural and probable effect of interfering with the due administration of justice.

HAMMOND v. ACERNO

District Court, E.D. Pennsylvania · Apr 23, 2025

entitled to qualified immunity for his participation in [plaintiff’s] prosecution.”); Dorsey v. Burns, No. CV 22-431(RMB-EAP), 2024 WL 3964254, at *3 (D.N.J. … Aug. 28, 2024) (finding it need not resolve defendants’ qualified immunity argument because the court had already declined to imply a new Bivens cause of action).

O'CONNELL v. County of Northampton

79 F. Supp. 2d 529 · District Court, E.D. Pennsylvania · Dec 20, 1999

a fair report of the committee's findings and thus are protected by a qualified privilege. 12 In other words, the "gist" of the articles is substantially the same as the content of the committee's report. … ordinance, regulation, custom, or usage, of any State ... subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivations of any rights, privileges, or immunities

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.

Kemmerer v. ICI Americas, Inc.

842 F. Supp. 138 · District Court, E.D. Pennsylvania · Jan 4, 1994

The court went on to decide that unilateral contract principles that have been applied to qualified or funded pension plans apply to Top Hat plans, which are unfunded and not qualified. … This would be in direct violation of established federal common law principles of contract interpretation established under ERISA.

Lindenbaum v. City of Philadelphia

584 F. Supp. 1190 · District Court, E.D. Pennsylvania · Apr 18, 1984

In the present case, the claims of *1200 the Kaplan plaintiffs clearly fulfill these requirements. … Defendants conclude that such an interpretation is rational since it is grounded in the definitions established by a rational state legislative scheme.

Glanzman v. Metropolitan Management Corp.

290 F. Supp. 2d 571 · District Court, E.D. Pennsylvania · Nov 5, 2003

To proceed under the McDonnell Douglas framework, a plaintiff must first show that (1) she is over 40, (2) she is qualified for the position in question, (3) she suffered an adverse employment decision, and (4) she was replaced … Here, there is evidence that (1) the plaintiff was 64 years old at the time she was fired and thus clearly fell within the protected class of those over 40 years of age; (2) she was qualified for the position in question,

In re Penn Central Transportation Co.

347 F. Supp. 1354 · District Court, E.D. Pennsylvania · Jun 23, 1972

The essence of the Trustees’ present argument seems to be the assertion that, since the bonding company quite clearly is not liable on its bond, this Court should be the tribunal to say so. … The New York courts are certainly better qualified than this Court to determine the issues of state law and state appellate procedure involved.

Tri-Realty Co. v. Ursinus College

124 F. Supp. 3d 418 · District Court, E.D. Pennsylvania · Aug 24, 2015

These allegations are sufficient to establish an injury in fact. … Under Ursinus’s approach, parties that remediate previously contaminated groundwater would be immune from CWA liability for no discernible reason, even if their actions perhaps exacerbate the problem by introducing contamination

COOK v. Tustin

District Court, E.D. Pennsylvania · Jul 18, 2024

immunity. … to qualified immunity.

Kynett v. United States

201 F. Supp. 609 · District Court, E.D. Pennsylvania · Feb 1, 1962

Clearly a taxpayer has no vested interest in the tax law as it exists at any particular time. … That assumes, of course, that had she waited she would have followed the form clearly set forth in the 1951 Act.

NGUYEN v. JOHNSON

District Court, E.D. Pennsylvania · May 8, 2025

She determined that Nguyen had not established factual innocence sufficient to overcome the limitations period. Id. … City of Philadelphia, 181 F.3d 339, 356 (3d Cir. 1999) (noting that “a prosecutor acting in an investigative or administrative capacity is protected only by qualified immunity) (citation omitted); Fogle v.

CARPENTERS PENSION AND ANNUITY FUND v. Banks

271 F. Supp. 2d 639 · District Court, E.D. Pennsylvania · Jul 18, 2003

under 29 U.S.C. § 186 (c)(5) that qualifies as an “employee benefit plan” within the meaning of 29 U.S.C. § 1002 (2-3). … Interestingly, the most recent submission from Carpenters acknowledges that “[i]n this case, the Complaint does not clearly allege that the necessary constructive trust should be placed over the res which is traceable to

Holber v. Suffolk Construction Co. (In re Red Rock Services Co.)

522 B.R. 551 · District Court, E.D. Pennsylvania · Dec 8, 2014

The Bankruptcy Court’s ruling on this issue is not clearly erroneous. 2. Change Order No. … The Bankruptcy Court did not clearly err when it relied on this evidence. .

Miles v. Boeing Co.

154 F.R.D. 117 · District Court, E.D. Pennsylvania · Mar 4, 1994

The contents of the personnel file of plaintiff’s replacement is clearly within the scope of Rule 26(b), and goes to the issue of pretext. Orbovich v. Macalester College, 119 F.R.D. 411, 414 (D.Minn.1988). . … In a Title VII case, a plaintiff may establish a prima facie case of discriminatory motive, or racial discrimination, by demonstrating the following: 1) that he belongs to a racial minority; 2) that he applied and was qualified

LIGGINS-MCCOY v. WILLIAMS

District Court, E.D. Pennsylvania · Jul 1, 2021

Senator Williams argues that Plaintiff’s age discrimination claim should be dismissed because she failed to plead facts that would plausibly establish that Defendant engaged in that conduct. … Plaintiff in her complaint pled that she was (1) over 40 (59) at the time the adverse employment was taken; (2) that an adverse employment action was taken (she was fired); (3) that she was qualified for her position (

Wilbur v. Stockholders

29 F. Cas. 1189 · District Court, E.D. Pennsylvania · Jul 1, 1878

But even this immunity of the stockholders does not extend to capital paid in which has afterwards been paid back to them. … The intended application of the provision clearly was to capital requiring an assess- *1193 meat in order to make it payable.