Case law

Hanrahan v. Britt

174 F.R.D. 356 · District Court, E.D. Pennsylvania · Feb 11, 1997

Counsel are clearly qualified and experienced, having previously served as counsel in extensive class litigation in this district. The Court also concludes that there are no conflicts among members of the class. … The fourth, fifth and sixth factors direct the Court to analyze the risks of not establishing liability, not establishing damages or not maintaining the class action through the trial.

DOE 1 v. PERKIOMEN VALLEY SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Feb 7, 2022

Berardelli, 900 F.3d at 117.42 Under either the ADA or Section 504, a plaintiff must establish: (1) that he or she is a qualified individual with a disability; (2) that he or she will be excluded from participation in … Pa. 1998) (“[i]t is clearly in the interest of the public to enforce the mandate of Congress under the Americans with Disabilities Act.”).

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.

Brooks v. City of Philadelphia

747 F. Supp. 2d 477 · District Court, E.D. Pennsylvania · Oct 5, 2010

Title IX Defendants assert that the evidence fails to establish a claim under Title IX as the School District was not deliberately indifferent. … Defendants argue that plaintiff at most establishes a failure to act, since in the Complaint they actually reference a failure to supervise.

SEB Inv. Mgmt. AB v. Endo Int'l, PLC

351 F. Supp. 3d 874 · District Court, E.D. Pennsylvania · Dec 10, 2018

Without that information, the statements were clearly misleading. … It was also qualified because it used the words "when used as intended in appropriate patients."

Lark v. Beard

495 F. Supp. 2d 488 · District Court, E.D. Pennsylvania · Jul 3, 2007

’ that “turned out to be difficult to the point of unworkable,” Miller-El II, 125 S.Ct. at 2324 , the Coux't in Batson recognized that this standard had resulted in “prosecutors’ peremptory challenges [becoming] largely immune … R.Evid. 406 advisory committee note (describing conduct that qualifies as habit as *503 “semi-automatic”).

A.J. v. MASTERY CHARTER HIGH SCHOOL

District Court, E.D. Pennsylvania · Sep 15, 2022

“[T]here is a high bar to establish liability for deliberate indifference under Title IX[.]” Hall v. Millersville Univ., 22 F.4th 397, 407 (3d Cir. 2022). … Because we find that no reasonable jury could find that Defendants’ conduct was extreme and outrageous, we do not reach Defendants’ argument that they are entitled to immunity under Pennsylvania’s Tort Claims Act, 42

Plechner v. Widener College, Inc.

418 F. Supp. 1282 · District Court, E.D. Pennsylvania · Jul 29, 1976

Moreover, later accreditation would not have the effect of qualifying these students. … White said that if DLS were to merge with an established institution, accreditation would be “almost assured.”

Lane v. CBS Broadcasting Inc.

612 F. Supp. 2d 623 · District Court, E.D. Pennsylvania · Apr 28, 2009

Regardless of whether Mendte was convicted, the Plaintiff can establish these claims by establishing that Mendte’s conduct meets the elements of a violation of the state statutes.” (Id. at 17 (emphasis in original).) … Since Mendte’s conduct clearly violates § 1030, Plaintiff could certainly pursue civil remedies under § 1030(g). However, Plaintiff is not required to do so.

In Re Texas Eastern Transmission Corp. PCB Contamination Insurance Coverage Litigation

870 F. Supp. 1293 · District Court, E.D. Pennsylvania · Jul 9, 1992

In addition to establishing the Texas courts’ definition of “accident” and “occurrence,” these cases clearly establish that Texas law determines an insured’s intention “objectively” and not “subjectively.” … Thus, prejudice has clearly been established concerning the Pennsylvania claim.

HARRISON-EL v. BUCKS COUNTY CRIMINAL JUSTICE CENTER

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

First, it is well-established that federal civil rights claims against a courthouse are not cognizable under § 1983, which permits suit against a “person” only. See Elansari v. … Harrison -El’s claims cannot proceed, because malicious prosecution claims or other claims that clearly challenge a litigant’s conviction or sentence are barred by Heck v.

White v. Salisbury Township School District

588 F. Supp. 608 · District Court, E.D. Pennsylvania · Mar 22, 1984

Clearly, due process rights attach to procedures, such as suspensions, which infringe upon a student’s right to public education. … While the establishment of such rules might prove helpful to both students and disciplinarians, their publication is not mandated.

Verizon Pennsylvania, Inc. v. Pennsylvania Public Utility Commission

380 F. Supp. 2d 627 · District Court, E.D. Pennsylvania · Aug 3, 2005

The Middle District reached the merits only after finding that the PUC was not entitled to Eleventh Amendment immunity. … The PUC asserts that the doctrine of sovereign immunity protects the commission itself from being sued in federal court and that, therefore, only its individual officers are proper defendants.

In Re Watts

93 B.R. 350 · District Court, E.D. Pennsylvania · Nov 30, 1988

Application of this rule to the discrimination provision of § 525 would clearly lead to such a result in the present case. … If an entitlement similar to welfare benefits would be considered “property” for Fourteenth Amendment purposes, it should qualify as “property” under § 541(a)(1) as well.

Wolk Law Firm v. U.S. Nat'l Transp. Safety Bd.

392 F. Supp. 3d 514 · District Court, E.D. Pennsylvania · Jun 18, 2019

As to whether the cell phone video at issue qualifies as a CVR recording, the NTSB argues that it interprets the statute to include "videos of the interior of the cockpit taken with a cell phone." Id. … As to whether the cell phone video at issue qualifies as a CVR recording, the NTSB argues that it interprets the statute to include "videos of the interior of the cockpit taken with a cell phone." Id.

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.

In re Long

15 F. Cas. 812 · District Court, E.D. Pennsylvania · May 14, 1868

If he had a resulting beneficial interest, or an interest which was at first conditional or qualified, and if the condition was afterwards fulfilled, ^r the qualification removed, the property became beneficially his own, … This dismissal of Price from the establishment occurred some time after his bill of sale of 1859 to Aliss Walker.

United States v. Gambone

167 F. Supp. 2d 803 · District Court, E.D. Pennsylvania · Sep 4, 2001

That portion of the instructions very clearly discussed only a portion of the proof necessary to establish a § 7206(2) charge. … The instructions were therefore not clearly erroneous, and Defendants are not entitled to a new trial on this ground. B.

Hummel v. Brennan

83 F.R.D. 141 · District Court, E.D. Pennsylvania · Jul 9, 1979

Therefore, the plaintiffs bear the burden of establishing that each of the requirements of Rules 23(a) and (b) have been satisfied as to the proposed class. … Representativeness Fed.R.Civ.P. 23(a)(4) requires that there be an adequate class representative, which is to be based on two factors: (1) plaintiffs’ attorney must be qualified, experienced and able to vigorously conduct

West Branch Novelty Co. v. Bloom

31 F. Supp. 673 · District Court, E.D. Pennsylvania · Feb 9, 1940

The pivot, the stop, and the partial housing of the hinge in Weber’s patent are all old elements, and the patent itself appears to me clearly to be nothing more than an *682 aggregation. … Weber testified that he did not know the prior art while working at his patent, but his ignorance does not aid him in his effort to establish its validity; he is presumed by the law to “know the prior art”: See Deller’s Walker