Case law

National Maritime Union of America v. National Labor Relations Board

375 F. Supp. 421 · District Court, E.D. Pennsylvania · May 6, 1974

Whether Greyhound, as the Board held, possessed sufficient control over the work of the employees to qualify as a joint employer with Floors is a question which is unaffected by any possible determination as to Floors’ status … The Act is clearly remedial and not jurisdictional. We therefore conclude that § 10 of the A.P.A. does not provide an independent jurisdictional basis in the instant action.

The Susan G. Owens

23 F. Cas. 447 · District Court, E.D. Pennsylvania · Jul 1, 1848

But the qualified power of the master under the law maritime, while it is much more lin> ited in some respects, is in others more ample, or at least less dependent. … I cannot find anywhere the warrant for so marked a departure from the established policy of the maritime law.

United States v. Richlyn Laboratories, Inc.

827 F. Supp. 1145 · District Court, E.D. Pennsylvania · Oct 1, 1992

Regular and continuing training of all employees and personnel in current good manufacturing practices by qualified individuals is also expected. 21 C.F.R. 211.25. … The record clearly indicates that the violations discovered by the FDA’s inspection team in April and June of this year are not isolated incidents, nor are product mix-ups such as the one which occurred in August.

DOLLEH v. SUGARHOUSE HSP GAMING, L.P.

District Court, E.D. Pennsylvania · Sep 30, 2024

Plaintiff’s burden to establish a prima facie case is not an onerous one. Id. at 646. … The weight of the authority in the Third Circuit, as well as other Circuits, clearly establishes that a leave of absence for an indefinite duration is not a reasonable accommodation.)

Farr & Bailey Mfg. Co. v. International Nav. Co.

94 F. 675 · District Court, E.D. Pennsylvania · Apr 28, 1899

The immunity from risks of a described character, when due diligence has been used, cannot be so extended as to cause the statute to say that the owner, when he has been duly diligent, is not only exempted in accordance with … But it has not been suggested that such a duty exists under ordinary circumstances, and I do not clearly see what other duty of management the master can be said to neglect.

United States v. Smith

319 F. Supp. 2d 527 · District Court, E.D. Pennsylvania · May 26, 2004

See Smith, 455 U.S. at 217 n. 7, 102 S.Ct. 940 (”[S]urely one who is trying as an honest man to live up to the sanctity of his oath is well qualified to say whether he has an unbiased mind in a certain matter.”) … United States, 347 U.S. 227, 229 , 74 S.Ct. 450 , 98 L.Ed. 654 (1954) ("The presumption [of prejudice] is' not conclusive, but the burden rests heavily upon the Government to establish, after notice to and hearing of the

Staghi v. National RR Passenger Corp.

407 F. Supp. 2d 671 · District Court, E.D. Pennsylvania · Dec 30, 2005

Nor has Amtrak argued that it is immune from liability under § 703(h) of the Civil Rights Act, relating to bona fide seniority systems. 3 Thus, to succeed on its motion for judgment on the pleadings, Amtrak must show that … The Plaintiffs’ complaint and response to Defendant’s motion clearly identify the “specific employment practice” challenged in this lawsuit as Amtrak’s promulgation and enforcement of PERS-4: “[Pjlaintiffs properly limit

KARDOSH v. CHESTER COUNTY

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

The claims against Judges Mincarelli, Rovito, and Ryan were dismissed with prejudice based on judicial immunity. (See Kardosh I, ECF No. 6 at 7-8.) … “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.”

Hayes v. OHIO NATIONAL FINANCIAL SERVICES, INC.

642 F. Supp. 2d 456 · District Court, E.D. Pennsylvania · Aug 13, 2009

Phillips does nothing to establish that the term “expiration” encapsulates a substantive right distinct from the term “policyholder records.” … Thus, even if I were to accept plaintiffs' portrayal of the American Agency system — which I do not — I would still find that the instant case falls short of qualifying as an example. 10 .

EUSA Pharma (US), Inc. v. Innocoll Pharmaceuticals Ltd.

594 F. Supp. 2d 570 · District Court, E.D. Pennsylvania · Jan 26, 2009

EUSA has shown a threat of immediate harm because Innocoll clearly intends to begin the OLSS immediately and not to recognize EUSA’s Option once that occurs. … Thus, I find that EUSA has established that the balance of equities tips in its favor. D.

MCCURDY v. WETZEL

District Court, E.D. Pennsylvania · Oct 16, 2020

the claim is legally or factually frivolous.6 A claim is legally frivolous “where ‘[none] of the legal points [are] arguable on their merits.”7 A claim is factually frivolous “where the claim’s ‘factual contentions are clearly … An Eighth Amendment violation occurs when a “sufficiently serious” deprivation exists, establishing deliberate indifference to inmate health or safety.44 Deliberate indifference is commonly equated to recklessness, meaning

Medevac MidAtlantic, LLC v. Keystone Mercy Health Plan

817 F. Supp. 2d 515 · District Court, E.D. Pennsylvania · Aug 31, 2011

Under 42 U.S.C. § 1983 , plaintiffs may seek relief against anyone who, under color of state law, deprives them of rights, privileges, of immunities secured by the Constitution and federal laws. 49 In Count I, Medevac brings … The requirement that payment to providers be “timely” is qualified: payment must be timely made “consistent with” or “in the same manner” as provided under section 1396a(a)(37)(A).

HOFFMAN v. KARPOVICH

District Court, E.D. Pennsylvania · Jun 1, 2022

The litigant seeking to proceed in forma pauperis must establish that the litigant is unable to pay the costs of suit. See Walker v. … DiBella and McLaughlin failed to state a cause of action for malicious prosecution because their attendance at trial did not qualify as a Fourth Amendment seizure.”

Frazier v. City of Philadelphia

927 F. Supp. 881 · District Court, E.D. Pennsylvania · Jun 6, 1996

Based on these considerations and the fact that the police department’s policy was apparently qualified so that arrestees with physical limitations would not have their hands cuffed behind their backs, I conclude the police … It is well established that John Doe pleadings cannot be used to circumvent statutes of limitations. See, e.g., Cox v. Treadway, 75 F.3d 230, 240 (6th Cir.1996); Barrow v.

PAN v. TEMPLE UNIVERSITY HOSPITAL, INC.

District Court, E.D. Pennsylvania · Sep 11, 2024

Pan did establish a prima facie case, summary judgment would be warranted. … Pan expressly agreed to extend immunity to Temple in connection with reports to medical boards.

United States v. Purcell

667 F. Supp. 2d 498 · District Court, E.D. Pennsylvania · Oct 30, 2009

When asked if defendant’s case was one which would qualify for the Ashcroft Memorandum’s exception to the filing requirement for § 851 Informations, Perricone replied, “Not as I saw it, no.... … The government argues that “any internal memoranda, notes or writings reflecting the government’s intentions, mental impressions, or deliberations with respect to this case clearly fall within the work product doctrine.”

MCDOWELL v. DEPARTMENT OF HUMAN SERVICES

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

. § 1915(e)(2)(B)(i), because McDowell’s claims were barred by absolute judicial immunity. See McDowell v. Robreno, No. 22-4404, 2022 WL 17487736, at *2 (E.D. Pa. … allegations and dismiss those claims whose factual contentions are clearly baseless . . . .” Id. at 327.

Sourovelis v. City of Philadelphia

103 F. Supp. 3d 694 · District Court, E.D. Pennsylvania · May 12, 2015

Although the specific facts of Malley concerned the immunity afforded a police officer whose request for a warrant allegedly caused an unconstitutional arrest, the Court’s rejection of this “no causation” argument applies … The facts in the Amended Complaint clearly and plausibly allege that it is the Task Force of the D.A.’s Office that runs Courtroom 478. Am. Compl. ¶¶ 99-109.

Fahrner v. Gentzsch

355 F. Supp. 349 · District Court, E.D. Pennsylvania · Dec 5, 1972

The ■ continued reaffirmation by the Third Circuit of the use of pendent jurisdiction in diversity cases argues persuasively in favor of our conclusion that Gregory’s claim is part of the same case for which jurisdiction clearly … Rule 17, the court felt, contained an ambiguity concerning whether under 17 (c) capacity to sue would exist irrespective of state law or that 17(c) was qualified by 17 (b) and state law would at least have to be considered

Solter v. Health Partners of Philadelphia, Inc.

215 F. Supp. 2d 533 · District Court, E.D. Pennsylvania · Aug 6, 2002

Nonetheless, in order to qualify for federal assistance, a participating state must submit to the Secretary and have approved “a plan for medical assistance.” … Such remedies are for Congress to state or to clearly imply, not for us to infer.” Id. at 1093 .