Case law

HEPP v. FACEBOOK, INC.

District Court, E.D. Pennsylvania · Aug 3, 2020

However, the Third Circuit has also held that “a mere unsupported allegation that the defendant ‘transacts business’ in an area is ‘clearly frivolous”’ for purposes of determining whether jurisdictional discovery is warranted … Interactive websites and social media platforms are entitled to immunity under § 230(c) for content provided by third parties.

Henry v. Heyison

4 B.R. 437 · District Court, E.D. Pennsylvania · Jan 10, 1980

The bankrupt was clearly deprived of the fresh start that Perez mandated. … The order will further require the defendant to restore operating privileges to all members of plaintiff’s class who are otherwise qualified. 1 .

Fisher Bros. v. Mueller Brass Co.

102 F.R.D. 570 · District Court, E.D. Pennsylvania · Jul 6, 1984

The definition of the class is sufficient to identify clearly who is and is not in the class. … The court is satisfied that the class definition clearly identifies the class members.

TAYLOR

District Court, E.D. Pennsylvania · Apr 16, 2026

Richardson, 905 F.3d 239, 250 (3d Cir. 2018) (quasi-judicial immunity covers acts authorized by court order)); Roland v, Phillips, 19 F.3d 552, 556 (11th Cir. 1994) (quasi-judicial immunity protects law enforcement officials … It is the plaintiff's burden to establish diversity of citizenship. Gibbs y. Buck, 307 U.S. 66, 72 (1939); see also Quaker State Dyeing & Finishing Co., Inc. v.

Markocki v. Old Republic National Title Insurance

254 F.R.D. 242 · District Court, E.D. Pennsylvania · Dec 9, 2008

This question is unarguably applicable to all borrowers who purchased policies during the relevant time period, and clearly satisfies the commonality requirement. … Conversely, Defendant argues that none of the criteria established in Rule 23(b) is fully satisfied, which would preclude class certification. *250 A.

Philadelphia Housing Authority v. American Radiator & Standard Sanitary Corp.

50 F.R.D. 13 · District Court, E.D. Pennsylvania · Apr 6, 1970

Consequently the implica-, ti on drawn by plaintiffs from Judge Goodrich’s middleman-consumer distinction is clearly erroneous. … The Court stated in relevant part: “In other words, you must put a limit somewhere on the point where persons qualify as parties under that section of the Act.

JOHNSON v. KORSZNIAK

District Court, E.D. Pennsylvania · May 17, 2023

The DOC and its employees, thus, “share[] in the Commonwealth’s Eleventh Amendment immunity.” Lavia, 224 F.3d at 195. However, “[a] State’s immunity from suit is not absolute.” … Second, sovereign immunity does not apply where the State consents to suit, voluntarily invokes federal court jurisdiction, or otherwise clearly declares its intent to submit itself to federal jurisdiction, i,e., waiver

United States v. Brown University

805 F. Supp. 288 · District Court, E.D. Pennsylvania · Sep 2, 1992

In October 1986, Princeton began awarding $1,000 “research grants” to highly qualified undergraduates without regard to need. … The evidence adduced at trial clearly established that the awarding of financial incentives in the form of aid by institutions of higher education is a traditional feature of student recruitment.

BUTLER v. DJINDJIEV

District Court, E.D. Pennsylvania · Mar 19, 2020

“[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 the constitutional … Because Butler’s allegations are not clearly pled, he has not alleged that he was arrested or prosecuted without probable cause.

RORVIK

District Court, E.D. Pennsylvania · Jul 15, 2026

App’x 725, 730 (3d Cir. 2021) (per curiam) (noting that “[a] privately retained attorney clearly does not act under color of state law, and . . . that ‘no color of state law attache[s] to the functions of court-appointed … Kann, 926 F.2d 1396, 1405 n.16 (3d Cir. 1991) (plaintiff cannot rely exclusively “upon his own suspicion and speculation” to establish a conspiracy claim).

WANG v. OVERMYER

District Court, E.D. Pennsylvania · Mar 12, 2021

Hoyer’s entrance wound testimony made suicide and homicide equally plausible, clearly-established Strickland case law mandated that trial counsel expand the scope of his forensic investigation … While Wang does not dispute that Hoyer is a more qualified forensic pathologist than Turvey, who is a reconstruction expert, Hoyer is not necessarily more qualified than Turvey to

Trustees of the National Elevator Industry Pension v. Lutyk

140 F. Supp. 2d 407 · District Court, E.D. Pennsylvania · Apr 13, 2001

In short, genuine issues of material fact exist with respect to 1) whether unpaid contributions qualify under the terms of the parties’ agreements as plan assets, as is required to impose liability on defendant Lutyk as a … It is clearly established in the Third Circuit that a corporate officer cannot be held personally liable for unpaid contributions to an ERISA fund without piercing the corporate veil. See Solomon v.

Borough of Morrisville v. Delaware River Basin Commission

399 F. Supp. 469 · District Court, E.D. Pennsylvania · Jul 31, 1975

In order to qualify for an exemption, a user must establish that it had a permit authorizing the volume of water sought to be exempted as of the Compact’s effective date, and that the user had physical facilities at that … [emphasis added], which clearly negates plaintiffs’ argument that these costs can only be lawfully taxed against states.

Alco Industries, Inc. v. Wachovia Corporation

527 F. Supp. 2d 399 · District Court, E.D. Pennsylvania · Nov 5, 2007

Aleo does not argue that Wolf is qualified to select a prudent portfolio; rather, it argues that his comparator portfolios are clearly “plausible” from the face of the 1999 investment policy statement and the general observation … Alco’s motion Aleo moves for summary judgment, claiming that the undisputed facts establish that Wachovia breached its duty of prudent investment and thereby damaged Aleo as specified in Wolfs report.

Halderman v. Pennhurst State School & Hospital

446 F. Supp. 1295 · District Court, E.D. Pennsylvania · Mar 17, 1978

The manner and mechanisms of such investigations shall be developed and established by the plan referenced in paragraph 11. 13. … Both the individual and the area in which he or she resides must be certified in order for the institution to qualify for funds.

In re Kellett Aircraft Corp.

94 F. Supp. 103 · District Court, E.D. Pennsylvania · Nov 22, 1950

Such an estimate, by a person thus qualified, is, it seems to me, a proper basis for determining value, and the master’s finding is not clearly erroneous. … But the validity of the indebtedness has not been established.

Terminal Warehouse Co. v. Pennsylvania R.

7 F. Supp. 484 · District Court, E.D. Pennsylvania · May 8, 1934

Before the damages now claimed could have been established, it would have been necessary to show not merely that the preferential contract had been made by the carrier, but also that it had been used by the favored warehouseman … The plaintiff clearly admitted this. The complaint is that -the jury computed damages which the plaintiff admitted could not be computed.

AZZARELLI

District Court, E.D. Pennsylvania · Apr 17, 2026

that she is a “qualified individual with a disability.” … No. 8 (April 25, 2025 Order dismissing case with prejudice on immunity grounds); Clark v. TD Bank, No. 25-881 (E.D. Pa.), Doc.

Barnes v. American Tobacco Co. Inc.

984 F. Supp. 842 · District Court, E.D. Pennsylvania · Oct 17, 1997

When the rights of a party are clearly established by defined principles of law, equity should not change or unsettle those rights. Equity follows the law. First Federal Sav. & Loan Ass’n of Lancaster v. … Rather, it is well-established that a chancellor in equity must follow clearly fixed and established principles of law.” Wade v. S.J. Groves & Sons Co., 283 Pa.Super. 464, 472 , 424 A.2d 902 (1981).

Oxford Investments, L.P. v. City of Philadelphia

21 F. Supp. 3d 442 · District Court, E.D. Pennsylvania · May 15, 2014

Twp. of Stowe, 769 F.Supp.2d 803, 823 (W.D.Pa.2010) (“recovering alcoholics and drug addicts can sometimes qualify as handicapped individuals under the FHA, provided that they are not currently using illegal drugs.”) … Such an analysis clearly conflicts with the Supreme Court’s directive to conduct individualized disability assessments and is fatal to all of Oxford’s FHA claims. Cf.