Case law

Glass v. City of Philadelphia

455 F. Supp. 2d 302 · District Court, E.D. Pennsylvania · Oct 10, 2006

Haugen, 543 U.S. 194, 198 , 125 S.Ct. 596 , 160 L.Ed.2d 583 (2004), the Supreme Court described that the defense of qualified immunity is unavailable when: (1) the constitutional right at issue is clearly established and … Tate, 361 F.3d 772, 778 (3d Cir.2004) (holding that "the right of an arrestee to be free from the use of excessive force in the course of his handcuffing clearly was established” for purposes of a qualified immunity inquiry

Austin v. Pennsylvania Department of Corrections

876 F. Supp. 1437 · District Court, E.D. Pennsylvania · Jan 17, 1995

body systems, including the hemic, lymphatic and reproductive systems, and by its biological effects and the fear it inspires in others, clearly limits those infected in major life activities. … Risks of Establishing Liability Although the Court must weigh the relative strengths and weaknesses of each side to determine the risks of establishing liability, it should “not decide the merits of the case or resolve unsettled

Teamsters Local 623 v. United Parcel Service, Inc.

786 F. Supp. 509 · District Court, E.D. Pennsylvania · Mar 17, 1992

Arbitration is clearly the preferred method for resolving disputes between a union or an employee and the employer. … How the exact language of Section 9 should be interpreted is clearly a matter for the arbitrator.

Abdul-Latif v. County of Lancaster

990 F. Supp. 2d 517 · District Court, E.D. Pennsylvania · Jan 7, 2014

So she looked in her policy book to see what it takes to qualify. My dog gets his first check Friday. Id. Ex. H (Doc. No. 40-13). Mr. … Plaintiffs statements to her co-workers qualify as protected opposition. First, the statements clearly identify the English only policy by name and her opposition is clear by calling the policy “bullshit.”

Quality Stone Veneer, Inc. v. Selective Insurance Co. of America

229 F. Supp. 3d 351 · District Court, E.D. Pennsylvania · Jan 23, 2017

The resulting damage, according to the Court, was a natural and foreseeable result of the faulty workmanship, which does not qualify as an “accident.” … Such allegations do not contain the level of fortuity to qualify as an “occurrence.”

Grant v. Cohen

630 F. Supp. 513 · District Court, E.D. Pennsylvania · Nov 5, 1985

No named plaintiff in the present action is immune from such a standard. … Action’s complaint clearly seeks relief on its own behalf.

Dalton v. McCourt Electric LLC

112 F. Supp. 3d 320 · District Court, E.D. Pennsylvania · Jul 7, 2015

The first requirement, whether the witness is qualified as an expert, has been interpreted liberally to encompass “a broad range of knowledge, skills, and training.” In re Paoli R.R. … Wald clearly described his prior experiences with loose-connection damage, and he laid out the reasons why the instant situation “does not look like one would expect it to look like if it were a loose terminal connection.

Reed v. Philadelphia Housing Authority

372 F. Supp. 686 · District Court, E.D. Pennsylvania · Mar 8, 1974

Plaintiff’s failure to establish that any defendant deprived him of a federally secured right. 2. Plaintiff’s failure to establish that the security guard defendant was acting under color of state law. 3. … Clearly, Matthews was “clothed with the authority of state law”, and such power and authority as he possessed was “by virtue of state law”.

GRAVES

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

Watson to transport the Child to Father’s Delaware home.11 The Pennsylvania Superior Court affirmed Judge Cohen on September 30, 2022, finding he properly weighed Pennsylvania’s statutory custody factors, clearly … vicariously liable for the conduct of its employees.43 The City can only be liable if its policy or custom caused the alleged constitutional violation.44 A “policy” is made when a “decisionmaker” with “final authority to establish

Village Improvement Ass'n of Doylestown v. Dow Chemical Co.

655 F. Supp. 311 · District Court, E.D. Pennsylvania · Mar 6, 1987

The plaintiff also contends that this action should be remanded to state court on the ground that it does not qualify for removal under 28 U.S.C.A. § 1441 (c) (West 1973), the only section of the removal statute under which … The plaintiff in a letter received by Dow the day before it filed its removal petition, i.e., December 29, 1986, clearly stated that it would not waive the late filing of the petition.

AM. COLLEGE OF OBSTETRICIANS, ETC. v. Thornburgh

552 F. Supp. 791 · District Court, E.D. Pennsylvania · Dec 10, 1982

. (¶ 176) Hospitals do qualify. … The claim does no more than state an establishment clause challenge which has been rejected by the courts.

SEITZ v. EAST NOTTINGHAM TOWNSHIP

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

township’s actions do not “shock the conscience”; (2) Plaintiffs do not have a property interest in the disputed area; (3) the substantive due process claim is time-barred; and (4) individual Defendants are protected by qualified … immunity.

Adams v. Law Offices of Stuckert & Yates

926 F. Supp. 521 · District Court, E.D. Pennsylvania · May 8, 1996

Each side must still establish that no genuine issue of fact exists and that it is entitled to judgment as a matter of law. United States v. Hall, 730 F.Supp. 646, 648 (M.D.Pa.1990) (citing Home for Crippled Children v. … Moreover, as we noted above, an isolated action, such as the posting of a reminder next to a word processor, is clearly insufficient to qualify for the good faith defense.

HOYLE v. WRIGHT

District Court, E.D. Pennsylvania · Apr 4, 2023

State’s case.”30 “[W]hether a prosecutor is entitled to absolute immunity depends on whether she establishes that she was functioning as the state’s ‘advocate’ while engaging in the alleged conduct that gives rise to … prosecutorial immunity.32 3.

LYNCH v. BROOMALL OPERATING COMPANY LP

District Court, E.D. Pennsylvania · Dec 9, 2021

First, the Code requires the appointment of a full-time director of nursing services who shall be a “qualified licensed registered nurse.” 28 Pa Code §211.12 (b). … In Barker, in a transparent effort to defeat the well-established immunity of an employer under the Workers Compensation Act, the plaintiffs named as defendants non-diverse entities unrelated to the case.

United States v. Singh

224 F. Supp. 2d 962 · District Court, E.D. Pennsylvania · Oct 10, 2002

While the defendant clearly violated the law, the purpose behind Mr. … Furthermore, the Third Circuit has held that there is no requirement that the circumstances be extra-ordinary in order to qualify for a downward departure.

TAYLOR v. CO 1 DUNSTON

District Court, E.D. Pennsylvania · Aug 20, 2024

Furthermore, 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 for claims … However, neither deprivation qualifies as a constitutionally protected liberty interest. See Dist. Attorney’s Off. for Third Jud. Dist. v.

Citizens Insurance Co. of America v. Ung

2 F. Supp. 3d 622 · District Court, E.D. Pennsylvania · Feb 24, 2014

Judgment will be entered against a party who fails to sufficiently establish any element essential *627 to that party’s case and who bears the ultimate burden of proof at trial. See Celotex Corp. v. … Wallace, 997 F.Supp.2d 439 , 2014 WL 360181 (W.D.Va.2014), in support of its position, Wallace clearly is distinguishable.

Kirnon v. Klopotoski

620 F. Supp. 2d 674 · District Court, E.D. Pennsylvania · Dec 17, 2008

First, the Superior Court’s reasoning is not contrary to a clearly established federal law. … As quoted above, the Superior Court found that the evidence “clearly established” Kirnon’s guilt.

Second Earth Enterprises, Inc. v. Allstar Product Marketing Co.

717 F. Supp. 302 · District Court, E.D. Pennsylvania · Mar 6, 1989

Products or features which have not qualified for patent protection but which are functional are in the public domain, and are fair game for imitation and copying. … When the lighters or pens are sold, they are in blister cards or in packages with header cards that clearly display the name of the product.