Case law

Gordon v. Random House, Inc.

349 F. Supp. 919 · District Court, E.D. Pennsylvania · Oct 25, 1972

It establishes that he is a Jewish retailer selling merchandise to black customers in an area ravished by a black riot. … some destroyed, clearly involved him in a matter of legitimate public or general concern.

LEVITT v. United States

District Court, E.D. Pennsylvania · Feb 22, 2022

This waiver of immunity is not without bounds. … Although plaintiffs bear the burden of establishing that their claim falls within the FTCA, the Government bears the burden of establishing that the challenged conduct falls within the discretionary function exception.

PHINISEE v. GRAHAM-PARKER

District Court, E.D. Pennsylvania · Dec 27, 2021

Phinisee and A.P. could not establish the causal element of their negligence claim. … Section 2680 of the FTCA has established certain “exceptions” to this general waiver of sovereign immunity.

Stern v. Massachusetts Indemnity and Life Insurance Co.

365 F. Supp. 433 · District Court, E.D. Pennsylvania · Oct 12, 1973

regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities … Such pervasive control by the Commonwealth establishes its intimate involvement in the alleged discriminatory conduct of defendant Insurance Company.

American Medicorp, Inc. v. Humana, Inc.

445 F. Supp. 589 · District Court, E.D. Pennsylvania · Dec 19, 1977

We are not convinced, however, that even in the absence of these safeguards plaintiff has established the degree of irreparable harm, pendente lite, which would justify our granting a preliminary injunction; clearly, the … Thus, the impact of this merger on each Health Service Area is clearly relevant. D.

GALETTE v. AVENUE 365 LENDING SERVICES LLC

District Court, E.D. Pennsylvania · Jan 23, 2024

Galette had no lasting medical problems from the kidney cancer, the COPD and kidney surgery compromised her immune system. … Galette was not qualified to perform the essential functions of the Funding Specialist job in the context of her ADA claims, she likewise cannot satisfy the third element of an ADEA prima facie claim -- that she was qualified

WOZNIAK v. KIJAKAZI

District Court, E.D. Pennsylvania · Jan 18, 2024

Although Plaintiff met the medical requirements to qualify for SSI, id. at 68, she was found ineligible for SSI from February 2016 through January 2018, because she had excess resources. … The condition often accompanies other immune system disorders . . . .

CIGAR ASSOCIATION OF AMERICA, INC. v. CITY OF PHILADELPHIA

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

For a court to find implied preemption, “the General Assembly must clearly evidence its intent to preempt.” Hoffman Min. Co., Inc. v. … Angelides, those damages will still constitute irreparable injury because of the City’s Eleventh Amendment immunity.

Robinson v. Pottstown Area Rapid Transit, Inc.

District Court, E.D. Pennsylvania · Dec 22, 2022

She was qualified to drive interstate charters until June 2022. (Doc. No. 23-1 at ¶ 38; Doc. … Encinco, however, clearly overturns that former narrow-construction approach. Thus, employers are no longer bound to prove that an exemption is ‘plainly and unmistakably’ within the statute.”

PARKER v. DELOITTE CONSULTING LLP

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

Instead, Plaintiff argues that these mistakes “were not significant issues and clearly do not warrant termination.” (Doc. No. 43-2 at 32.) … To establish a prima facie case under the ADA, a plaintiff must show that she (1) is disabled, (2) otherwise qualified to perform the essential functions of the position, with or without reasonable accommodation, and

LAWSON

District Court, E.D. Pennsylvania · Aug 3, 2026

provides a civil remedy for the ‘deprivation of any rights, privileges, or immunities secured by the Constitution and laws.’” Halsey v. … As the Commonwealth has not waived its Eleventh Amendment immunity for lawsuits filed in federal court, see 42 Pa. Cons.

Federal Election Commission v. Arlen Specter '96

150 F. Supp. 2d 797 · District Court, E.D. Pennsylvania · Jul 26, 2001

Singer, Sutherland Statutory Construction § 47:33 (6th ed. 2000) (“Referential and qualifying words and phras *805 es, where no contrary intention appears, refer solely to the last antecedent. … Regardless of the weight accorded these materials, they clearly do not buttress Specter ’96’s argument regarding plain language.

Vaughan v. Boeing Co.

229 F. Supp. 3d 339 · District Court, E.D. Pennsylvania · Jan 19, 2017

Prima Facie Case To establish a prima facie case of discrimination under Title VII, a plaintiff must show that (1) he belongs to a protected class, (2) he was qualified for the position, (3) he was subject to an adverse employment … Moreover, unlike in the FOD-violator context, the record contains no data clearly establishing that white employees who took unauthorized overtime faced discipline.

FENCHAK

District Court, E.D. Pennsylvania · Apr 17, 2026

In this Commonwealth, protection for such communications is firmly established.”). … App’x 149, 152 (3d Cir. 2015) (“Werkheiser did not definitively answer the question whether Garcetti is applicable to elected officials’ speech, but it did hold that the law was not clearly established on this issue.”);

KISSINGER v. THE MENNONITE HOME

District Court, E.D. Pennsylvania · Nov 17, 2021

But this ignores well-established law that, compounded with testimony clearly demonstrating that Mennonite Home knew about Kissinger’s conditions, put the onus on Mennonite Home to, at minimum, request additional … Kissinger is therefore clearly otherwise qualified within the meaning of the ADA. c.

Barnes v. American Tobacco Co.

176 F.R.D. 479 · District Court, E.D. Pennsylvania · Aug 22, 1997

If this standard was applied under Rule 23(a)(4), courts would be hard-pressed to find any plaintiff who would qualify as an adequate representative. … Clearly, plaintiffs have identified many individual issues which may be implicated by the record of this case.

New Directions Treatment Services v. City of Reading

415 F. Supp. 2d 501 · District Court, E.D. Pennsylvania · Aug 19, 2005

To establish a violation of Section 504 of the Rehabilitation Act, Plaintiffs must prove that: (1) they are “handicapped individuals” under the Act; (2) they are “otherwise qualified” for the services sought; (3) they were … To establish a violation of Title II of the ADA, Plaintiffs must show that they: (1) are qualified individuals with a disability; (2) were excluded from participation in or denied the benefits of the services, programs, or

Ressler v. Aetna U.S. Healthcare, Inc.

180 F. Supp. 2d 660 · District Court, E.D. Pennsylvania · Nov 28, 2001

At the time of her termination, plaintiff Ressler was covered under an ERISA-qualified plan established by defendants (the “Plan”). … Healthcare, Inc. and Aetna, Inc. provide certain benefits to terminated employees under an ERISA-qualified severance benefit plan (the “Plan”).

Ward v. Integrity Trust Co.

17 F. Supp. 122 · District Court, E.D. Pennsylvania · Nov 24, 1936

The will was probated January 9, 1933, and the Integrity Trust Company qualified as executor. On March 1, 1933, the Lehigh National Bank suspended business. There is no averment that it ever reopened. … It will thus be seen that there are in the present bill averments sufficient, if supported by evidence at the trial, to establish a cause of action against the trust company upon the ground of a devastavit, and its motion

Colavito v. Apfel

75 F. Supp. 2d 385 · District Court, E.D. Pennsylvania · Oct 21, 1999

. § 416.913 (a), and therefore is not qualified to make medical assessment). … Consequently, this court finds that the A.L.J.’s finding that Plaintiff did not qualify under § 12.05(c) is supported by substantial evidence on the record as a whole.