Case law

MARTINEZ v. THE UNITED STATES OF AMERICA

District Court, E.D. Pennsylvania · Feb 14, 2020

litigant’s claims against “‘All District Federal Judges’” – to the extent her claims were “even intelligible” – on the basis that they consisted of merely vague and conclusory accusations and did not include facts to establish … that her claims fall within the narrow exceptions to judicial immunity).

In Re Industrial Associates, Incorporated

155 F. Supp. 866 · District Court, E.D. Pennsylvania · Oct 8, 1957

this being the first notice he had that the Bank intended to set off the account against its indebtedness; offered in evidence a certificate of the Clerk of Court dated the 16th of November, 1956, showing that the receiver qualified … That result is without prejudice and simply requires the trustee to resort thereafter to some form of plenary suit *869 in order to establish his claim. In re Veelock Mfg.

Equal Employment Opportunity Commission v. Snyder Doors

844 F. Supp. 1020 · District Court, E.D. Pennsylvania · Jan 24, 1994

There are no written or clearly established policies at Snyder' Doors regarding discipline, performance evaluations, layoffs or rate of pay. Testimony of Howard Snyder. … David Powell was qualified to do the work that any of the other new employees were hired to do. Testimony of Howard Snyder.

In re Dunkle

8 F. Cas. 65 · District Court, E.D. Pennsylvania · Apr 19, 1871

The language of the agreement indicates no less clearly that if the excess had been the other way, Mr. … That “fraud without damage gives no cause of action, but both must concur,” may be considered an established rule or maxim of both law and equity.

Knuckles v. Prasse

302 F. Supp. 1036 · District Court, E.D. Pennsylvania · Jul 31, 1969

He is qualified as an expert in prison administration, penology, and corrections. 6. Defendant, Joseph R. … He is qualified as an expert in prison administration, penology, and corrections. 8.

Capps v. Mondelez Global LLC

147 F. Supp. 3d 327 · District Court, E.D. Pennsylvania · Nov 24, 2015

Under this framework, Capps must establish a prima facie case of discrimination. See Ross, 755 F.3d at 193 . … Capps also states in his motion that "It is a per se interference violation to consider prior FMLA-qualifying absenteeism in a decision to terminate an employee.” (Mem. Mot. For Partial Summ. J. at 14-15, ECF No. 47.)

In re Luscombe Engineering Co.

163 F. Supp. 706 · District Court, E.D. Pennsylvania · Jun 30, 1958

There was no future manufacturing contemplated in the second transaction, and in fact, by disposing of the tooling, it was clearly contemplated by both the trustee and Philco, as in the Chrysler transaction, that the trustee … The enactment of the Uniform Commercial Code in Pennsylvania, effective July 1, 1954, 12A P.S. § 1-101 et seq., provided a convenient method of establishing a lien on the goods more than a year before the bankruptcy.

Eaby v. Richmond

561 F. Supp. 131 · District Court, E.D. Pennsylvania · Mar 11, 1983

In a word, defendants Capin and Barrett’s contact with this district is far too attenuated to establish venue. Accordingly, their motion to dismiss will be granted. … Clearly, venue must be properly laid as to each defendant.

City of Phila. v. Sessions

309 F. Supp. 3d 289 · District Court, E.D. Pennsylvania · Jun 6, 2018

Under Section 1225(b)(2) an alien seeking admission who "is not clearly and beyond a doubt entitled to be admitted…shall be detained" pending removal proceedings. … The Court held in Jennings that the language of Section 1225(b)(2) authorizes unlimited detention pending removal proceedings of aliens seeking admission who are not clearly admissible.

Behalf v. Am. Airlines Grp., Inc.

366 F. Supp. 3d 673 · District Court, E.D. Pennsylvania · Apr 2, 2019

Defendants' financial condition, compared to that of plaintiff, clearly allows them to afford more easily the inconveniences associated with travel. … Plaintiff in this case also alleges additional allegations, including violations of § 4318 of USERRA because the Global Profit Sharing Plan qualifies as an employee benefit pension plan.

MacNeal v. Columbine Exploration Corp.

123 F.R.D. 181 · District Court, E.D. Pennsylvania · Dec 1, 1988

Clearly, one of the purposes of the class action is to “provide a mechanism for people with small claims to redress their grievances.” Id. … Clearly, the Wyoming Class Members have an interest in the outcome of this action: a judgment rendered in favor of the MacNeal Group would adversely impact the Wyoming Class Members.

La Fata v. Raytheon Co.

302 F. Supp. 2d 398 · District Court, E.D. Pennsylvania · Jan 30, 2004

In addition to experiencing a termination, La Fata must establish that the circumstances of his termination constituted an event qualifying for severance under the Severance Pay Policy. … Clearly Raytheon and RECI have not discharged, 35 fined, suspended, expelled, or disciplined plaintiff, La Fata.

Tingley-Kelley v. Trustees of the University of Pennsylvania

677 F. Supp. 2d 764 · District Court, E.D. Pennsylvania · Jan 6, 2010

and there are almost always legitimate reasons for favoring one well-qualified applicant over another. … See Back, 365 F.3d at 122 (noting that defendant was not immune from plaintiffs allegations simply because in the year Back was hired, 85% of teachers at the school were women, and 71% of these women had children because

EASLEY v. WETZEL

District Court, E.D. Pennsylvania · Jul 23, 2024

“clearly was not fit to complete any surgery,” and “actually forgot what he was supposed to do.” (Id. ¶¶ 179-180, 184). … in which that immunity has been specifically waived are concerned. 42 Pa.

PHILLIPS v. WEINMAN

District Court, E.D. Pennsylvania · Feb 27, 2025

In Younger, 401 U.S. 37, the United States Supreme Court “established a principle of abstention when federal adjudication would disrupt an ongoing state criminal proceeding.” Yang v. … The Younger requirements are clearly met in this case for the claims against Weinman and the City of Reading.

J. E. Brenneman Co. v. Schramm

473 F. Supp. 1316 · District Court, E.D. Pennsylvania · Aug 6, 1979

This allegation in the complaint clearly indicates that the Administrator obtained from the grantee the “assurance” required by the regulation. … Morton : [A] mere “interest in a problem,” no matter how longstanding the interest and no matter how qualified the organization is not sufficient by itself to render the organization “adversely affected” . 405 U.S. at 738

ZAHLER

District Court, E.D. Pennsylvania · Feb 11, 2026

The termination letter further establishes that Dejavoo terminated Plaintiff from his employment with Dejavoo. See Exhibit AB to Compl. … Plaintiff has likewise failed to allege any other qualifying predicate act.

Klitzner Industries, Inc. v. H. K. James & Co.

535 F. Supp. 1249 · District Court, E.D. Pennsylvania · Apr 1, 1982

Rosenbaum’s testimony establish the requirement of access. See Nimmer on Copyright § 13.02[A] at 13-9 to 13-10 (1981). … Section 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a) proscribes not only acts that would technically qualify as trademark infringement, but also unfair competitive practices involving actual or potential deception.

VINES v. MARLER

District Court, E.D. Pennsylvania · Jun 28, 2022

A misleading instruction from a prison official may qualify as a “misrepresentation” under Ross. Hardy v. Shaikh, 959 F. 3d 578, 587 (3d Cir. 2020). … Based on the records attached to the Second Kerr Affidavit, Plaintiff clearly knew the proper way to request an administrative remedy at the FDC, but did not do so in this case.

Sheridan Towing Co. v. Steamship Harold H. Jacquet

330 F. Supp. 486 · District Court, E.D. Pennsylvania · Aug 5, 1971

This it clearly has not done. … in abuse of the corporate fiction and the immunity that it carries. * * * ” Coryell v.