Case law

NELSON v. GOBRANDS, INC.

District Court, E.D. Pennsylvania · Sep 20, 2021

It is clearly contrary to public policy to immunize large corporations from liability by allowing them to preclude all class action litigation or [] arbitration. … Plaintiffs also fail to present evidence or argument to establish substantive unconscionability.8 (Id.)

ELMEGREEN v. MERCK & CO., INC.

District Court, E.D. Pennsylvania · Dec 1, 2021

Zostavax is not designed to produce immunity by causing a mild case of shingles but rather to prevent shingles by effecting immunity before an outbreak of shingles takes place. … the subject plaintiff.2 Rule 702 of the Federal Rules of Evidence provides that: A witness who is qualified

MACDONALD v. TPG HOTELS AND RESORTS, INC.

District Court, E.D. Pennsylvania · Aug 20, 2025

Furthermore, any ambiguity must be construed against the party seeking immunity, and that party also has the burden of proving each of the prerequisites to enforcement. … The word “reasonable” appearing twice in the sentence precludes the Court from reading it to be a qualifier term also attached to liabilities and claims.

McQuilken v. a & R DEVELOPMENT CORP.

576 F. Supp. 1023 · District Court, E.D. Pennsylvania · Dec 5, 1983

As a sovereign, the United States is immune from suit except as it consents to be sued, and the terms of that consent define the Court’s jurisdiction. United States v. … Rule 23 thus “clearly envisions class actions on any common issues,” and the fact that some issues require individual treatment cannot, in itself, foreclose certification. Hon.

Philadelphia Training Center Corp. v. Georgia

822 F. Supp. 239 · District Court, E.D. Pennsylvania · May 12, 1993

PTC contends that the mandatory language in this section that a LLR “shall” make FSLs to students who are “otherwise unable to obtain loans” clearly expresses Congress’ intent that LLRs such as Georgia must make FSLs to students … [the Stafford Loan Program and] to establish minimum standards with respect to sound management and accountability of ...

DOMAN v. MERCK & CO INC

District Court, E.D. Pennsylvania · Dec 1, 2021

Zostavax is not designed to produce immunity by causing a mild case of shingles but rather to prevent shingles by effecting immunity before an outbreak of shingles takes place. … the subject plaintiff.2 Rule 702 of the Federal Rules of Evidence provides that: A witness who is qualified

Walter v. Palisades Collection, LLC

480 F. Supp. 2d 797 · District Court, E.D. Pennsylvania · Mar 28, 2007

Clearly, any actions taken by Mr. Walter or his counsel to initiate or litigate the case sub judice cannot form the basis for RICO liability. … Whether reliance is necessary to establish proximate cause continues to be unsettled law.

Niedzialowski v. Merck & Co., Inc.

District Court, E.D. Pennsylvania · Dec 1, 2021

Zostavax is not designed to produce immunity by causing a mild case of shingles but rather to prevent shingles by effecting immunity before an outbreak of shingles takes place. … the subject plaintiff.2 Rule 702 of the Federal Rules of Evidence provides that: A witness who is qualified

BUSH v. MERCK & CO., INC.

District Court, E.D. Pennsylvania · Dec 1, 2021

Zostavax is not designed to produce immunity by causing a mild case of shingles but rather to prevent shingles by effecting immunity before an outbreak of shingles takes place. … the subject plaintiff.2 Rule 702 of the Federal Rules of Evidence provides that: A witness who is qualified

Sansone v. Merck & Co., Inc.

District Court, E.D. Pennsylvania · Dec 1, 2021

Zostavax is not designed to produce immunity by causing a mild case of shingles but rather to prevent shingles by effecting immunity before an outbreak of shingles takes place. … the subject plaintiff.2 Rule 702 of the Federal Rules of Evidence provides that: A witness who is qualified

Brodo v. Bankers Trust Co.

847 F. Supp. 353 · District Court, E.D. Pennsylvania · Apr 6, 1994

To qualify for DIDMCA preemption, Champion must have made a loan to plaintiff “secured by a first lien on residential real property.” 12 U.S.C. § 1735f-7a(a)(1). … Plaintiff does not allege that Bankers satisfies the first condition, and Bankers clearly does not satisfy the second. Champion, not Bankers, was the entity initially payable on plaintiffs loan.

Steele v. Boeing Co.

399 F. Supp. 2d 628 · District Court, E.D. Pennsylvania · Nov 7, 2005

To qualify for benefits, Aetna must be provided with credible evidence of a significant functional impairment. … Disability benefits under the Plan are not automatic, and Steele bore the burden of demonstrating that he qualified for benefits. (AETNA39, 76, 101, 123).

Williams v. Osser

326 F. Supp. 1139 · District Court, E.D. Pennsylvania · May 10, 1971

enough to qualify as first-class cities. … At least with respect to the “two-year non-vote purge” (§ 623-40) and the 50-day registration cut off (§ 623-17), this action clearly seeks injunctive relief against state officers to restrain the enforcement and execution

Iban J. Frias Aquino v. Lifeguard Home Care Agency, Inc.

District Court, E.D. Pennsylvania · Jul 31, 2026

Only if a plaintiff establishes that she: (1) “is a member of a protected class”; (2) “is qualified for the position”; (3) she “suffered some form of ‘adverse employment action’ sufficient to evoke the protection of Title … Life Guard concedes that, “generally, [Frias-Aquino] was qualified to perform the job of caretaker,” but maintains that she “was not, however, qualified to perform the job duties related to Patient [M] as she was unable

Aamco Automatic Transmissions, Inc. v. Tayloe

82 F.R.D. 405 · District Court, E.D. Pennsylvania · Apr 19, 1979

The uncontested affidavits establish the necessity for expert analysis and consultation, and that Mr. Paro was the best qualified person available to perform the required services. … The statute of limitations would clearly bar many of the class members’ initial purchase claims.

THELMA v. School Dist. of Philadelphia

559 F. Supp. 2d 600 · District Court, E.D. Pennsylvania · Jun 10, 2008

In first grade, the District identified James as a student qualified for special services in the area of speech and language. ( Id. ¶ 32 .) … "In order to establish a violation of § 504 of the Rehabilitation Act, a plaintiff must prove that (1) he is `disabled' as defined by the Act; (2) he is `otherwise qualified' to participate in school activities; (3) the school

Dille Family Trust v. Nowlan Family Trust

207 F. Supp. 3d 535 · District Court, E.D. Pennsylvania · Sep 16, 2016

Plaintiff has also pled numerous facts concerning its own established use of the mark in that marketplace, as well as facts suggesting that this use was widely recognized. … Although Plaintiff does not clearly articulate a theory of its false designation of origin claim, and cites to cases concerning both passing-off and reverse passing-off claims in its brief, see Pl.’s Br. at 20-22, the only

United National Insurance v. Indian Harbor Insurance

160 F. Supp. 3d 828 · District Court, E.D. Pennsylvania · Feb 8, 2016

Part I clearly establishes that the policy insures Penn-America for wrongful acts, and Exclusion (H) confirms that coverage. … Further, even if Romoff were qualified to testify on Penn-America’s intent at the Jackson settlement, her testimony is not relevant to allocation.

ZARROW

District Court, E.D. Pennsylvania · Aug 10, 2026

§ 1915(e)(2)(B) requires the Court to screen the Complaint and dismiss it if it is frivolous, malicious, fails to state a claim for relief, or seeks damages from an immune defendant. … A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Benefit Life Co. v.

Radio Music License Committee, Inc. v. SESAC, Inc.

29 F. Supp. 3d 487 · District Court, E.D. Pennsylvania · Jun 26, 2014

As a last resort, SESAC argues that copyright law, by definition, establishes a legal monopoly to artistic works. (Def. Brief, at 26.) … RMLC can establish the illegality of these practices through evidence of SESAC’s conduct that is common to its members. (Compl. at 23-25.)