Case law

United States v. Kemp

365 F. Supp. 2d 618 · District Court, E.D. Pennsylvania · Jan 21, 2005

At the final stage, the materials have clearly entered the public realm. … The secrecy of grand jury proceedings is well established in American law. See U.S. v.

GIBSON v. JOHNSON AND JOHNSON

District Court, E.D. Pennsylvania · Aug 15, 2023

Letizio as a defendant sued in his individual capacity, or whether a defense of qualified immunity can apply here. See Davis v. Malitzki, 451 F. … App’x 228, 232 (3d Cir. 2011) (“Qualified immunity is an affirmative defense available to government officials who are sued in their personal capacities for money damages.”). Plaintiff’s claim against Dr.

McMullan v. Thornburgh

508 F. Supp. 1044 · District Court, E.D. Pennsylvania · Mar 4, 1981

That report, made to Deputy Secretary Welch and dated April 24, 1979, focused specifically on the system of local registrars established by Act No. 66. … Rather than subsidize these activities with public funds, we are replacing some of them with qualified Republicans.’ ” At a later point in the article the reporter reports that, “Thornburgh was confident the Elrod decision

Clarke v. Lane

267 F.R.D. 180 · District Court, E.D. Pennsylvania · Mar 31, 2010

No clearly defined standard exists to determine whether class counsel is qualified, but the court must confirm that the proposed attorneys can “handle” the representation. See New Directions Treatment Servs. v. … This inquiry requires a court to determine whether the proposed class counsel is " 'qualified, experienced, and generally able to conduct the proposed litigation.' ” Paone v.

American Civil Liberties Union v. Gonzales

478 F. Supp. 2d 775 · District Court, E.D. Pennsylvania · Mar 22, 2007

The COPA Commission was established by Congress as part of the COPA legislation. … Thus, I conclude that COPA is clearly unconstitutionally vague. 2. COPA Is Overbroad 47.

Kinder Morgan Bulk Terminals, Inc. v. United Steel, Paper & Forestry, Rubber Manufacturing, Energy, Allied Industrial & Service Workers International Union

9 F. Supp. 3d 507 · District Court, E.D. Pennsylvania · Apr 4, 2014

facie case of discrimination by showing that he was a qualified individual with a disability. … In the administration of this Contract, the Company and Union shall provide reasonable accommodation to qualified individuals with a disability ...

TIMOTHY LEE GRIER v. CHRISTOPHER HALL

District Court, E.D. Pennsylvania · Sep 3, 2024

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. First, the criminal proceedings against Grier are still pending.

Merisant Co. v. McNeil Nutritionals, LLC

515 F. Supp. 2d 509 · District Court, E.D. Pennsylvania · Mar 2, 2007

This generic discriptor clearly indicates to the consumer that the product is in the category of artificial sweeteners. … , would have challenged McNeil “to find a unique value proposition that will clearly set the brand apart from others”).

Gaskin v. Pennsylvania

389 F. Supp. 2d 628 · District Court, E.D. Pennsylvania · Sep 16, 2005

. §§ 12131-12134 , by excluding otherwise qualified students from access to public programs solely because of their disability. Defendants denied these allegations. … Monitoring standards will be clearly communicated to school districts. (d)Triggers (levels of performance at which PDE will intervene and require corrective action) will be clearly communicated to school districts.

In re Wellbutrin XL Antitrust Litigation

133 F. Supp. 3d 734 · District Court, E.D. Pennsylvania · Sep 23, 2015

Adelman is not qualified to offer expert opinion and has used unreliable methodologies. Dr. Adelman, however, is a qualified expert offering appropriate expert testimony. … The FDA guidance does not clearly define "processing agent.” See In re Wellbutrin XL Antitrust Litig., 2012 WL 1657734 at *9-11. .

In Re Linerboard Antitrust Litigation

497 F. Supp. 2d 666 · District Court, E.D. Pennsylvania · Jul 30, 2007

According to Professor White, "use of actual values of such variables [could] have [had] the effect of absorbing part or all of the effect of the alleged conduct and is therefore clearly inappropriate." … The rule provides as follows: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge

Jupiter Painting Contracting Co. v. United States

87 F.R.D. 593 · District Court, E.D. Pennsylvania · Jun 30, 1980

Clearly the taxpayer has the better of the argument. … Clearly the exemptions do not create any evidentiary privilege of their own force. Denny v. Carey, 78 F.R.D. 370, 373 (E.D.Pa.1978).

Rogers v. Bucks County Domestic Relations Section

773 F. Supp. 768 · District Court, E.D. Pennsylvania · Jul 12, 1991

The defendants object to class certification and have presented several affirmative defenses, including the bar of the Eleventh Amendment, the defendants’ capacities to be sued, and sovereign immunity. … As the United States Supreme Court has stated To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

BUTLER v. CITY OF ALLENTOWN

District Court, E.D. Pennsylvania · May 19, 2022

“A dismissal under the in forma pauperis statute . . . qualifies as an adjudication on the merits carrying preclusive effect for purposes of any future in forma pauperis actions raising the same claim.” Gimenez v. … Accordingly, Butler has not met his burden of establishing a basis for jurisdiction over any state law claims.

Johnston v. Love

165 F.R.D. 444 · District Court, E.D. Pennsylvania · Mar 7, 1996

As the advisory committee’s notes observe, however, Rule 6 was adopted partly on the basis of Harris’s suggestion that it would be valuable to establish general rules to govern habeas corpus cases, 394 U.S. at 300 n. 7, 89 … For instance, Judge Rueter’s R & R finds that an immunity agreement had been concluded between Griffin and federal officials, and that the existence of this agreement was not disclosed to Johnston's defense attorney.

Harris v. O'Connor Truck Sales, Inc.

153 F. Supp. 2d 584 · District Court, E.D. Pennsylvania · Mar 28, 2001

The exemption on which O’Connor relies clearly extends only to “the requirements of this section,” meaning section 7134. Id. § 7134(e)(1). … Harris has therefore not pleaded facts sufficient to establish the existence of a conspiracy to violate any provision of the statute. See 75 Pa. Cons.Stat. § 7136.

SAMPLE v. U.S. OFFICE OF PERSONNEL MANAGEMENT

District Court, E.D. Pennsylvania · Feb 17, 2022

Because Plaintiff is presently a GS-13, clearly this would have constituted a monetary raise. … It remains disputed whether Hidalgo is older or younger than Plaintiff, but they are clearly close in age.

Kelly v. International Business MacHines Corp.

573 F. Supp. 366 · District Court, E.D. Pennsylvania · Oct 13, 1983

*369 was ineligible for benefits since she was not totally disabled within the meaning of the Plan; and (3) even if disabled plaintiff did not have the requisite five years of service necessary to qualify for benefits under … Based on this testimony, plaintiffs disability clearly occurred before she had been with IBM for at least five years.

United States v. Fina

405 F. Supp. 267 · District Court, E.D. Pennsylvania · Dec 5, 1975

Accordingly, all of the above factors are sufficient to establish the reliability of informant no. 1. - Defendants also contend that, even though the reliability of informants no. 3 and no. 5 was established, the reliability … Agent Stokes’ affidavit clearly satisfies that requirement. The Stokes affidavit reveals a history of physical surveillance and utilization of informants.

MCINTYRE v. WALLACE

District Court, E.D. Pennsylvania · Sep 23, 2021

Yodis apparently reviewed the video and, after he returned, allegedly said that the video clearly showed that McIntyre did not assault Wallace. See id. … official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.”).