Case law

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.

Dugan v. Coastal Industries, Inc.

96 F. Supp. 2d 481 · District Court, E.D. Pennsylvania · May 2, 2000

The Federal Tort Claims Act sets forth the limited circumstances under which the United States waives its sovereign immunity from suit in federal court, and establishes certain exceptions to that waiver. … Contract were clearly concerned with safety and delegated in detailed fashion numerous safety-related duties, yet chose not to delegate to Coastal the readily apparent responsibility for monitoring and cleaning up spills

Bobroff v. Continental Bank (In Re Bobroff)

43 B.R. 746 · District Court, E.D. Pennsylvania · Jul 25, 1984

this case is whether a debtor’s action against a creditor and its agents for defamation and interference with contractual relations, arising out of events occurring following the filing of debtor’s bankruptcy petition, qualifies … Arnold (In re Morrissey), 717 F.2d 100 , 104 & n. 7 (3d Cir.1983) (apparently extending "clearly erroneous" standard of review as defined in Bankruptcy Rule 8013 to proceedings "related to" bankruptcy). 4 .

Brown v. Continental Casualty Co.

243 F. Supp. 2d 321 · District Court, E.D. Pennsylvania · Feb 11, 2003

Multiple specialists concluded that the subjective symptoms of sleep deprivation, pain and tender fibromyalgia trigger points clearly substantiated the severity of your condition as of April 9,1997. … Taylor-Brown suffers—some of which would not qualify for continued benefits but have been cited by her doctors as contributing to her disability; and (3) Ms.

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.

Walsh v. Consolidated Rail Corp.

937 F. Supp. 380 · District Court, E.D. Pennsylvania · May 22, 1996

been counseled about exercise, alcohol restriction, weight reduction, dietary salt restriction [etc.]_ Any reasonable physician, upon noting hypertension in a patient, would follow the accepted standard of medical care as clearly … The expert report raises genuine issues of material fact that, if viewed in a light most favorable to Walsh, establish a FELA claim for the beforementioned reasons.

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.

Cronin v. Oscar Mayer Corp.

633 F. Supp. 159 · District Court, E.D. Pennsylvania · Jan 8, 1986

This contract’s superseniority provision is clearly and expressly limited to layoffs and inapplicable to the permanent reduction of force in Department 121. … Section 24(e) does not expressly refer to Article 10, Section 3 but that provision clearly applies to both subsections of Section 24. . See Agreement, Article 9, Section 15.

CORBIN v. JAMES

District Court, E.D. Pennsylvania · Dec 29, 2022

The Commonwealth of Pennsylvania has not waived that immunity. See 42 Pa. Cons. Stat. § 8521(b). … The Younger requirements are clearly met in this case for the claims against the Allentown police officers.

HEREFORD v. BROOMALL OPERATING GP LLC

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.

SMITH 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.

Kuestner v. Health and Welfare Fund

972 F. Supp. 905 · District Court, E.D. Pennsylvania · Jun 18, 1997

The Court notes that defendant Morse argues that, as a matter of fact, his official responsibilities and actual power do not qualify him as a fiduciary. … No such claim could be set forth because the alleged fraud clearly "relates to" the denial of benefits and is therefore preempted under § 514(a) of ERISA if brought as a state law claim. 29 U.S.C. § 1144 (a); See Pilot Life

Constitution Bank v. DiMarco

836 F. Supp. 304 · District Court, E.D. Pennsylvania · Nov 8, 1993

At the Bank’s request, DiMarco, Jr. submitted a personal financial statement before qualifying for the loan. … Following such a showing, the non-moving party then bears the burden of proof for establishing the existence of every element essential to them case. Id. at 322 , 106 S.Ct. at 2552 .

Hoxha v. Levi

371 F. Supp. 2d 651 · District Court, E.D. Pennsylvania · May 25, 2005

Hoxha concedes that, provided the extradition treaty between the United States and Albania is valid, “the charges [murder] are listed as offenses which qualify as extraditable.” … The record clearly supports the finding that the treaty is valid, as the declaration of Robert E.

Lucas v. "Brinknes" Schiffahrts Ges. Franz Lange G.m.B.H. & Co.

387 F. Supp. 440 · District Court, E.D. Pennsylvania · Dec 30, 1974

within them or including a thing falling clearly without. … Since we find § 905(b) clearly constitutional, we necessarily find no “substantial ground for difference of opinion.”

GILLMORE v. LAMAS

District Court, E.D. Pennsylvania · Dec 10, 2021

Although personal involvement is clearly established through participation, it can also be shown through allegations of “actual knowledge and acquiescence,” when made with “appropriate particularity.” … In addition to the foregoing, as Superintendent of the facility, Defendant Lamas clearly had knowledge that her employees—Lieutenants Friend, Adams, White, K.

In re Processed Egg Products Antitrust Litigation

81 F. Supp. 3d 412 · District Court, E.D. Pennsylvania · Jan 26, 2015

Rausser is qualified in the field of economics. a. Whether Dr. … Finally, say Plaintiffs, even those defendants with these ostensibly immunized contracts also purchased eggs outside these contracts, meaning they would have been injured by the conspiracy regardless. Dr.

Yellen v. Teledne Continental Motors, Inc.

832 F. Supp. 2d 490 · District Court, E.D. Pennsylvania · Dec 6, 2011

JEVIC forecloses a plaintiffs capacity to use federal bankruptcy law to immunize itself against removal. … , 2011, Plaintiffs shall FILE a fee petition accounting for “just costs and any actual expenses, including attorney fees, incurred as a result of the removal,” supported by the requisite billing and expense records, and clearly

GALE v. TERRA

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

Because the Commonwealth has not waived its Eleventh Amendment immunity for lawsuits filed in federal court, see 42 Pa. Cons. … immunity because the law was not clearly established at the time of the search (citation omitted)); cf.