Case law

Jalen Z. v. School District of Philadelphia

104 F. Supp. 3d 660 · District Court, E.D. Pennsylvania · May 15, 2015

In order to establish that a violation of § 504 has occurred, a plaintiff must show that (1) the student was disabled; (2)(s)he was “otherwise qualified” to participate in school activities; (3) the school district received … However, this evaluation was performed by Kuntz and, as shown above, was qualified by her testimony. .

Williams v. Barnhart

399 F. Supp. 2d 640 · District Court, E.D. Pennsylvania · Nov 21, 2005

The ALJ found that “the evidence fails to establish that the child’s impairment(s) meets or medically equals a listed impairment” (Record 18). … However, the use of such standardized measures was clearly not precluded in this instance; Petitioner’s I.Q. scores exceeded the disability listing level.

Frankel v. Lull Engineering Company

334 F. Supp. 913 · District Court, E.D. Pennsylvania · Oct 22, 1971

Smith abrogated the earlier rule that a jury would not be permitted to determine causation where the evidence could establish a number of reasonably probable causes. … Lyons Transportation Lines, Inc., 432 Pa. 495 , 248 A.2d 313 (1968), holds that testimony by an expert qualified by words such as “possible” is, alone, insufficient to establish how an accident occurred, and the other, Laubach

Walton v. Lehman

570 F. Supp. 490 · District Court, E.D. Pennsylvania · Aug 25, 1983

The documentation of time expended which plaintiff’s counsel have filed does not clearly distinguish the amount of time spent on each of the several claims presented. … Absent a clearly expressed legislative intent to the contrary, statutory language must be recognized as *497 conclusive. Consumer Product Safety Commission v.

RETZLER v. MCCAULEY

District Court, E.D. Pennsylvania · Oct 18, 2019

There is no plausible assertion that the Neighbor Defendants qualify as state actors for purposes of § 1983. … activities taken in his judicial capacity and for which he is absolutely immune.

GRAHAM v. FEMA

District Court, E.D. Pennsylvania · Jan 3, 2025

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 … It is well established that private citizens have no constitutional right to compel law enforcement to arrest or prosecute an individual or entity who allegedly committed a crime. See Linda R.S. v.

WOODS v. SEPTA

District Court, E.D. Pennsylvania · Nov 21, 2023

. § 1915(e)(2)(B), which requires the Court to screen and dismiss the Amended Complaint if it is frivolous, malicious, fails to state a claim, or seeks relief from an immune defendant. … In general, to establish a prima facie case of employment discrimination, a plaintiff must show that: (1) he is a member of a protected class; (2) he was qualified for the position in question; (3) he suffered an adverse

Finberg v. Sullivan

461 F. Supp. 253 · District Court, E.D. Pennsylvania · Nov 21, 1978

Clearly, this is a “live” claim, albeit a modest one; it differs from its predecessor in amount, but not in kind. … These grounds included a quasi-judicial immunity from suit, abstention, failure to join an indispensable party, and failure to state a claim upon which relief can be granted. 7 .

United States v. Berberena

642 F. Supp. 2d 445 · District Court, E.D. Pennsylvania · Aug 16, 2007

Gambino, 864 F.2d 1064, 1070-71 (3d Cir.1988) ("Clearly, a defendant who establishes that his attorney rejected a plausible defense because it conflicted with the interests of another client establishes not only an actual … Rudovsky is an expert in criminal law and criminal procedure, and is well qualified to opine on the conflict of interest issues raised in this case. (N.T. Mar. 30, 2007 at 8). Between 1967 and 1971, Mr.

Al C. Rinaldi, Inc. v. Bach to Rock Music School, Inc.

279 F. Supp. 2d 624 · District Court, E.D. Pennsylvania · Aug 26, 2003

Obviously, a representation as qualified as this— and from a source about whose reliability we know nothing — does not constitute proof by clear and convincing evidence. … The advertisement clearly sent a signal that the pianos offered for sale were available at discount prices for a limited time. We believe that it therefore violates Paragraph 21.

Omnipoint Corp. v. Zoning Hearing Board of Pine Grove Township

20 F. Supp. 2d 875 · District Court, E.D. Pennsylvania · Sep 16, 1998

He explained how Omni qualifies for a special exception pursuant to the requirements of § 902(3) of the Zoning Ordinance. Id. at ¶ 17. Mr. … By denying Omni’s application to place a telecommunications tower on the property owned by Genth, Defendants’ actions clearly fall under the auspices of the TCA and abstention by this court would be improper. 4 See, e.g.,

WARDEN v. MCCAULEY

District Court, E.D. Pennsylvania · Oct 18, 2019

There is no plausible assertion that the Neighbor Defendants qualify as state actors for purposes of § 1983. … activities taken in his judicial capacity and for which he is absolutely immune.

Corona v. Barnhart

431 F. Supp. 2d 506 · District Court, E.D. Pennsylvania · May 10, 2006

However, “when the government’s *512 legal position ‘clearly offends established precedent ... its position cannot be said to be substantially justified.’ ” Washington, 756 F.2d at 961-62 ; accord Golembiewski v. … “[W]hen the government’s legal position ‘clearly offends established precedent ... its position cannot be said to be substantially justified.’ ” Washington, 756 F.2d at 961-62 ; Golembiewski, 382 F.3d at 724-25 .

Johnson v. Resources for Human Development

878 F. Supp. 35 · District Court, E.D. Pennsylvania · Feb 23, 1995

In June, 1993, Johnson was terminated by RHD and allegedly replaced by less experienced and less qualified white individuals. … The statistics sought would clearly indicate that defendant RHD has made it a practice to discriminate against black employees.

Hamiton v. Gugger

District Court, E.D. Pennsylvania · Oct 13, 2020

As we find he qualifies to proceed in forma pauperis, Congress requires we screen his complaint before incurring further costs including serving defendants. After reviewing Mr. … claim is legally or factually frivolous.20 A claim is legally frivolous “where ‘[none] of the legal points [are] arguable on their merits.”21 A claim is factually frivolous “where the claim’s ‘factual contentions are clearly

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

323 F. Supp. 364 · District Court, E.D. Pennsylvania · Sep 24, 1970

Because counsel appointed in the Order to represent the class was not qualified to represent nor a proper representative of the temporary class established by the Order; and 6. … Clearly, different principles govern at this stage of the proceedings.

BUTLER v. WILSON

District Court, E.D. Pennsylvania · Jul 18, 2023

Court to dismiss the Amended Complaint if it is frivolous, malicious, fails to state a claim for relief, or seeks damages from an immune defendant. … Feb. 24, 2023) (“Courts in the Third Circuit have repeatedly held that ‘constitutional claims brought against banks fail as a matter of law because banks and their employees do not qualify as state actors.’”)

PAPARO v. BOROUGH OF YEADON

District Court, E.D. Pennsylvania · Feb 2, 2024

McKibben, 700 A.2d at 492.18 18 Individual Defendants separately argue they are entitled to qualified immunity for Paparo’s constitutional claims at Counts II-V because “it cannot be said that any one of the four individual … As a genuine dispute exists regarding that discrimination for each Individual Defendant, qualified immunity for Paparo’s constitutional claims is inappropriate here.

ROBINSON v. INTEGRATED DEICING SERVICES

District Court, E.D. Pennsylvania · Jan 9, 2025

. § 1915(e)(2)(B), which requires the court to screen and dismiss the complaint if it is frivolous, malicious, fails to state a claim, or seeks relief from an immune defendant. … A plaintiff in an employment discrimination action may establish a prima facie case either through direct evidence of discrimination, Trans World Airlines, Inc. v.

Williams v. Pennsylvania Co.

367 F. Supp. 1158 · District Court, E.D. Pennsylvania · Nov 19, 1973

Parts Corp., 392 U.S. 134 , 88 S.Ct. 1981 , 20 L.Ed.2d 982 (1968), Timken Roller Bearing, supra, Kiefer-Stewart, supra, make it clear that common ownership or control does not provide separately incorporated companies with immunity … Rather, they say, we should permit “qualified representatives” to intervene and “adopt” the class action allegations.