Case law

Pullman Incorporated v. Volpe

337 F. Supp. 432 · District Court, E.D. Pennsylvania · Dec 14, 1971

SEPTA was established under the Metropolitan Transportation Authorities Act of 1963, 66 Pa.Stat.Ann. § 2001 et seq. … Addendum 4 indicates that DC motors were clearly within the comprehension of possible methods of providing the alternator power.

United States v. Richlyn Laboratories, Inc.

822 F. Supp. 268 · District Court, E.D. Pennsylvania · May 25, 1993

Rather, when the evidence presented by affidavit and other documentation clearly establishes the plaintiffs right to an injunction, a hearing need not be conducted. Id., at 729 citing, inter alia, American Can Co. v. … Regular and continuing training of all employees and personnel in current good manufacturing practices by qualified individuals is also expected. 21 C.F.R. 211.25.

HALL v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Aug 26, 2024

Passing muster at one time does not immunize him from later failing to do so. … To establish a prima facie claim of religious discrimination, a plaintiff must come forward with evidence that he was a member of a protected class, that he was qualified for the position

McDaniels v. City of Philadelphia

234 F. Supp. 3d 637 · District Court, E.D. Pennsylvania · Feb 13, 2017

Borough of Homestead, 381 F.3d 235, 243-44 (3d Cir. 2004) (holding that officer was entitled to qualified immunity, an issue of law that could not be decided by reference to Dr. McCauley's opinion). . Palm v. … Clabaugh, 20 F.3d 1290, 1294-95 (3d Cir. 1994) ("Rule 803(8) does not on its face require that the one who undertakes the investigation and authors the report be qualified as an expert before the report becomes admissible

Daniel Gwynn v. City of Philadelphia, James Dougherty, Michael Duffy, Dominic Mangoni, Paul McKelvie, Paul Raley, and Thomas Perks

District Court, E.D. Pennsylvania · Nov 26, 2025

Pa. 2022) (holding the city was not subject to municipal liability for rights that were not clearly established at the time of its employees’ actions), with Crosland v. City of Philadelphia, 676 F. … Pa. 2023) (holding the plaintiff need not show his rights were clearly established to state a claim for municipal liability because the clearly established law analysis relates to qualified immunity, not municipal liability

STRINGER v. COUNTY OF BUCKS

District Court, E.D. Pennsylvania · Oct 6, 2025

In response to the Complaint, Defendants filed a Motion to Dismiss on the basis of qualified immunity. ECF 44. On February 22, 2023, that motion was denied.3 ECF 47. … Following this review, the Court issued an order denying qualified immunity as to the BCCF officers involved in the incident depicted in Video 253. ECF 71 ¶ 4.

Bonilla v. City of Allentown

359 F. Supp. 3d 281 · District Court, E.D. Pennsylvania · Feb 13, 2019

Although "denied," clearly Bonilla admits the City's statement. … The Court clearly did not conclude that Bonilla had already stated a claim.

VALENTI v. FRANK

District Court, E.D. Pennsylvania · Jul 10, 2025

Amendment bars claims for damages against the PSP, a state agency that did not waive its sovereign immunity. To the extent Johnson was sued in his official capacity, he too was immune from suit.” … ) (permitting claim against defendant in his individual capacity to proceed even though “[plaintiff] did not check the box indicating a desire to sue [that defendant] in his individual capacity” where the allegations clearly

Kevaun Green, Sr. v. School District of Philadelphia

District Court, E.D. Pennsylvania · Jan 13, 2026

But Plaintiff has not established any “pattern of similar constitutional violations by untrained employees” that would establish that a failure to train amounted to deliberate indifference. … Mass. 2022) (“Most courts have rejected the argument that an IEP qualifies as a contract.”); Schafer v. Hicksville Union Free Sch. Dist., No. 06-CV-2531, 2011 WL 1322903, at *20 (E.D.N.Y.

United States v. Oliver

379 F. Supp. 2d 754 · District Court, E.D. Pennsylvania · Aug 2, 2005

Ineffective assistant of counsel for failing to object to the court’s jury instruction that two of the three elements of each count had been established, thus removing determination of the establishment of those elements … And you’ll have those in front of you to look at. 37 The uncontested evidence at trial clearly established that the jewelry stolen was personal property, as opposed to real property. Moreover, Ms.

Windsor Communications Group, Inc. v. Metropolitan Consolidated Industries, Inc. (In re Windsor Communications Group, Inc.)

96 B.R. 495 · District Court, E.D. Pennsylvania · Feb 10, 1989

Rather, I am inclined to believe the Runyans’ title was merely voidable; and they might well have been able to convey an indefeasible title if Crystal could qualify as a bona fide purchaser for value. … I express no view as to what *500 damages, if any, Crystal may be able to establish it has sustained.

Doe v. Casino

381 F. Supp. 3d 425 · District Court, E.D. Pennsylvania · Apr 11, 2019

Plaintiff alleges that she was objectively qualified for this position because (1) she had previous work experience as a Table Games Dealer, (2) she went to Dealer Training Academy at Bucks County Community College, and ( … In sum, Bibby clearly and unambiguously held that a claim of discrimination based on sexual orientation is not actionable under Title VII.

Hill v. O'BANNON

554 F. Supp. 190 · District Court, E.D. Pennsylvania · Dec 24, 1982

The Additional Safeguard Sought and the Risk of Erroneous Deprivation The additional safeguard sought by the class is a notice that sets forth clearly the eight specific categories of chronically needy recipients. … The testimony established that this would involve a large amount of computer time and impede timely implementation of constitutionally adequate notice to the class as a whole.

Green v. United States Steel Corp.

481 F. Supp. 295 · District Court, E.D. Pennsylvania · Aug 29, 1979

The putative class member would be required to establish his membership in the class. … Durant could have suffered legal harm if (a) she was clearly unqualified for the job, but (b) one of the company’s reasons for refusing to promote her was her race. Compare Patmon v.

Youssef v. Anvil International

595 F. Supp. 2d 547 · District Court, E.D. Pennsylvania · Jan 22, 2009

Nevertheless, Plaintiffs fails to establish a prima facie claim of hostile work environment. … qualified individuals.”

Lopez v. Art Kraft Containers, Corp.

660 F. Supp. 404 · District Court, E.D. Pennsylvania · May 20, 1987

The burden of proof is on the employer to establish an exemption. See Idaho Sheet Metal Works, Inc. v. … Since the lump sum payments at issue in this case are non-discretionary, and are given pursuant to a contract, they do not qualify for exclusion under § (e)(3).

BROWN v. MUHAMMAD

District Court, E.D. Pennsylvania · Jul 10, 2024

immunity. … But that’s not enough to establish action that one could fairly attribute to the state.

Dorfman v. First Boston Corporation

336 F. Supp. 1089 · District Court, E.D. Pennsylvania · Jan 13, 1972

To establish a § 15 claim, plaintiff must establish that the direct seller is liable under § 12 and that a control relationship existed between the direct seller and the defendant. Winter v. D. J. & M. … Therefore the offering circular does not qualify at that time as a statement made “regarding any security registered on a national securities exchange” and Dorfman does not qualify as a purchaser who can recover under § 9

Hudyka v. Sunoco, Inc.

474 F. Supp. 2d 712 · District Court, E.D. Pennsylvania · Jan 26, 2007

Sunoco relies solely on its sending the April 29, 2004 email to establish notice to Hudyka of the arbitration terms. … The email in Campbell generally described a new dispute resolution program, including that the last step of the process involved “arbitration by a qualified and independent arbitrator.” Id. at 547-48 .

RIDDICK

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

Dec. 13, 2024) (“To qualify for [the Ex Parte Young] exception, however, the official must have some connection with the enforcement of the allegedly unconstitutional act.” … It is the plaintiff's burden to establish diversity of citizenship. See Lincoln Ben. Life Co. vy.