Case law

Denenberg v. Am. Family Corp. of Columbus, Ga.

566 F. Supp. 1242 · District Court, E.D. Pennsylvania · Jun 29, 1983

Although Pennsylvania law affords absolute immunity for defamatory statements contained in pleadings, if relevant to the proceeding in which they are made, Greenberg v. Aetna Ins. … Co., 427 Pa. 511 , 235 A.2d 576 (1967), cert. denied, 392 U.S. 907 , 88 S.Ct. 2063 , 20 L.Ed.2d 1366 (1968), statements about them made outside the judicial proceedings are subject to a qualified privilege only; the burden

Hedges Enterprises, Inc. v. Continental Group, Inc.

81 F.R.D. 461 · District Court, E.D. Pennsylvania · Feb 6, 1979

Hedges’ allegations that the proposed class numbers in the thousands clearly satisfies this requirement, Cohen v. … Proof of a conspiracy to establish a “base” price would establish at least the fact of damage, even if the extent of the actual damages suffered by the plaintiffs would vary. See, e. g., Bogosian v.

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.

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

PEPITONE v. TOWNSHIP OF LOWER MERION

District Court, E.D. Pennsylvania · Aug 10, 2020

Servs. of City of New York, 436 U.S. 658, 694 (1978), and municipalities have no immunity of their own, Owen v. City of Indep., Mo., 445 U.S. 622, 638 (1980). See also Connick v. … State executive officials receive qualified immunity for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

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.

Bogosian v. Gulf Oil Corp.

621 F. Supp. 27 · District Court, E.D. Pennsylvania · Apr 1, 1985

Nevertheless, it is clearly the duty of the trial judge to determine the amount of fees and costs to be allowed out of the settlement fund. … Binns, an eminently qualified trial attorney, was called into the fray by plaintiffs’ counsel sometime in 1984. He expended a total of 249.55 hours. His normal billing rate for 1984 was $250 per hour.

United States v. Alberici

618 F. Supp. 660 · District Court, E.D. Pennsylvania · Aug 9, 1985

And since Ditizio was the witness who placed Alberici in the fraudulent scheme to burn the Jerry Lewis Theatre, an acknowledged failure of Ditizio’s memory would clearly be favorable to Alberici. … While this does not establish that the particular statements made to the government in August 1981 were known to the defense, it does establish that the defense knew that Fardella had, in the past, made statements to the

M.M. v. School District of Philadelphia

142 F. Supp. 3d 396 · District Court, E.D. Pennsylvania · Nov 3, 2015

To establish an-ADA claim, plaintiff must show that (1) he is disabled; (2) he is a qualified individual with a disability; 'and (3) he has suffered an adverse action because of that disability. N.P. v. … Here, the issues clearly were intertwined and related and cannot be separated. Lastly, Ms.

United States v. Serubo

460 F. Supp. 689 · District Court, E.D. Pennsylvania · Sep 1, 1978

In this case, clearly all the summonses were issued before the IRS recommended prosecution to the Justice Department on November 9, 1977. … Agent Gilbert, who was assisting the Strike Force attorney, qualifies under this definition.

Associated Metals & Minerals Corp. v. M/V LOTILA

845 F. Supp. 257 · District Court, E.D. Pennsylvania · Dec 23, 1993

Asoma retained the services of Jukka Suksi, who testified at the trial and was qualified as an expert in the packaging, handling and ocean transport of steel. … This kind of sampling is in accordance with well-established surveyor practices. Based upon the joint survey, Fowley prepared a meticulous claim for the damaged coils (Plaintiffs Exhibit 7).

In Re Unisys Corp. Retiree Medical Benefits Erisa Litigation

837 F. Supp. 670 · District Court, E.D. Pennsylvania · Oct 13, 1993

The Eleventh Circuit reversed, holding that “[t]he two provisions cannot both be given full effect, and the contract’s language does not establish which one should be qualified.” Id. at 703 . … The first component of the claim is clearly without merit.

In Re Greenley Energy Holdings of Pennsylvania

102 B.R. 400 · District Court, E.D. Pennsylvania · Jul 5, 1989

Ciarimboli, as the director of operations for Greenley, providing a rate of $59 per hour. 4 Fifty-nine dollars per hour is obviously lower than what Joseph Ciarimboli could command as a consultant in the marketplace and is clearly … The contract funds thus qualify as being money turned over to the estate upon which trustee’s commissions may be based pursuant to section 326(a).

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. GEISINGER HEALTH

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

antagonism coupled with timing to establish a causal link.” … The Court is persuaded by this line of cases and agrees that the plain language of the statute clearly shows that the 300-day rule applies to the EEOC.

HOSBACH v. COMMISSIONER OF THE SOCIAL SECURITY SOCIAL SECURITY ADMINISTRATION

District Court, E.D. Pennsylvania · Nov 13, 2019

She stated that her RA and compromised immune system adversely impact her ability to work. R. 494. … Clearly the ALJ considered Plaintiff’s “gap” in treatment a determining factor in assessing credibility and Plaintiff’s RFC.

King Drug Co. of Florence, Inc. v. Cephalon, Inc.

88 F. Supp. 3d 402 · District Court, E.D. Pennsylvania · Jan 28, 2015

Defendants argue that this statement clearly dictates that a “large and unjustified” analysis must occur prior to application of the rule of reason. … The burden-shifting framework I have adopted does not qualify as a quick-look approach because the plaintiff still maintains the initial burden — establishing anti-competitive effects through market power and evidence of

KEEL v. WILLIAMS

District Court, E.D. Pennsylvania · Nov 1, 2019

Keel also heavily relies on exhibits that are not clearly relevant to each other or to Mr. Keel’s allegations. … Stat. § 5524 (establishing two-year statute of limitations). immunity from claims based on their role in pursuing a prosecution on behalf of the Commonwealth.); Jmbler v.

MAZIE v. UNITED STATES

District Court, E.D. Pennsylvania · Aug 25, 2025

A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Ben. Life Co. v. … The fact that Mazie’s claims premised on the Supremacy Clause and the Tenth Amendment are so clearly untenable obviates the need to engage in a “rigorous inquiry” of whether a Bivens cause of action could be implied here

Bauer v. Sielaff

372 F. Supp. 1104 · District Court, E.D. Pennsylvania · Mar 4, 1974

However, we find that plaintiff did not establish that he had repeatedly or even specifically requested such material. … After plaintiff looked over the misconduct report a couple of times, he said it was true in part, although he repeatedly tried to give a qualifying explanation of parts of it.

Post v. St. Paul Travelers Insurance

593 F. Supp. 2d 766 · District Court, E.D. Pennsylvania · Jan 7, 2009

Mercy’s written notification of their plan to sue Post for malpractice qualified as a “demand for damages” as the nature of the claim clearly inferred Mercy’s intent to seek damages against Post, even if damages were not … These factors establish that the sanctions petition proceedings became “involved” in Mercy’s malpractice claim as soon as Mercy joined the petition.