Case law

United States Ex Rel. Hunt v. Merck-Medco Managed Care, L.L.C.

336 F. Supp. 2d 430 · District Court, E.D. Pennsylvania · Sep 23, 2004

False Claims Act Claims The Government provides subsidized health insurance to its employees and their families through the FEHBP, established by Congress in 1959. 5 U.S.C. § 8901 et seq. … However, as evidenced by its 55-page Motion to Dismiss, Medco has clearly received notice sufficient to allow it to scour its own history of conduct and muster a defense.

FINIZIE v. MCDONOUGH

District Court, E.D. Pennsylvania · Aug 9, 2023

Finizie’s unsupported subjective belief the Department did not hire her for retaliatory reasons falls short of establishing pretext.66 An employee cannot establish pretext by claiming they were more qualified for the … Finizie does not clearly articulate how the Department discriminated against her based on her age.

Malmed v. Thornburgh

478 F. Supp. 998 · District Court, E.D. Pennsylvania · Sep 21, 1979

Exhibit P-8 sets forth the rules which establish a detailed procedure for a formal hearing where it is warranted. … Similarly, the plaintiffs do not qualify as a suspect class. See San Antonio School District v. Rodriguez, 411 U.S. 1 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 (1973).

Bumpus v. Uniroyal Tire Co. Division of Uniroyal, Inc.

385 F. Supp. 711 · District Court, E.D. Pennsylvania · Dec 2, 1974

The trial date was clearly known more than one month in advance. … There would be very few cases upon which a Judge would be qualified to sit if this were ground for recusation.” 1 .

VILAYPHUNH v. SAUNDERS

District Court, E.D. Pennsylvania · Aug 19, 2025

. § 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 Ben. Life Co. v.

BOLTON v. PHILA. CITY COMMISSIONERS

District Court, E.D. Pennsylvania · Apr 7, 2020

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question; (3) he suffered an adverse … Although a plaintiff need not establish a 3 Although the Amended Complaint has superseded the initial Complaint filed in this matter (see Shahid, 666 F.

TALBERT v. DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · Jul 31, 2023

.”58 The Commonwealth has not waived its immunity.59 We dismiss Mr. … Talbert pleads he filed a lawsuit—which qualifies as protected activity.

Northeast Women's Center, Inc. v. McMonagle

670 F. Supp. 1300 · District Court, E.D. Pennsylvania · May 8, 1987

For predicate acts, the plaintiff lists robbery and Hobbs Act extortion, both of which qualify as racketeering activity pursuant to 18 U.S.C. § 1961 (1). … Clearly, a person may always be held civilly liable for the consequences of his unlawful, violent acts.

DeAngelo v. DentalEZ, Inc.

738 F. Supp. 2d 572 · District Court, E.D. Pennsylvania · Sep 2, 2010

Under this framework, to establish a prima facie case of Title VII gender discrimination under Title VII, a plaintiff must demonstrate that “(1) she was a member *585 of a protected class, (2) she was qualified for the position … Such a result clearly would undermine the entire purpose of requiring a plaintiff to file an administrative complaint in the first place. Therefore, DentalEZ’s motion for summary judgment on Ms.

Osmun

District Court, E.D. Pennsylvania · Apr 28, 2026

To establish a prima facie case of disparate treatment under the ADA, Osmun must show: “(1) she is a disabled person within the meaning of the [ADA]; (2) she is otherwise qualified to perform the essential functions of … Clearly the County has overwhelmingly done that here, as the record is replete with evidence establishing Osmun was terminated due to her disclosure of confidential information, as discussed above.

GRASTY v. DAVITA, INC. D/B/A DAVITA SOUTH BROAD STREET DIALYSIS

District Court, E.D. Pennsylvania · Jul 25, 2024

To establish a prima facie claim of disability discrimination under the ADA, “a plaintiff must show (1) that he is disabled within the meaning of the ADA, (2) that he is otherwise qualified for the job, with or without … Kan. 2015) (“The policy language clearly indicates that progressive discipline is not required in all cases.”)

General Accident Insurance v. Fidelity & Deposit Co.

598 F. Supp. 1223 · District Court, E.D. Pennsylvania · Oct 25, 1984

Thus, the question is whether General Accident, in whose shoes Fidelity purports to stand, qualifies as an “other payor” under 4-207. … Of course, if the allegations clearly established that the drafts at issue were either paid over forged signatures or had been altered, then the relevant period under 4-406 would be only one year. 6 .

Powell v. Pennsylvania Railroad

166 F. Supp. 448 · District Court, E.D. Pennsylvania · Mar 7, 1958

In that case the plaintiffs, seeking to enforce an order of the Adjustment Board, were clearly not those who had prosecuted the grievance. … years. 1 Establishing a legal liability does not of itself bring any fund into being.

Macauley v. Estate of Nicholas

7 F. Supp. 3d 468 · District Court, E.D. Pennsylvania · Mar 25, 2014

To the extent that Macauley alleges any predicate acts outside of mail, wire, or bank fraud, they do not qualify as racketeering activity under § 1961. … Acts of fraud, forgery or identity theft punishable under state laws are clearly not racketeering activity.

Texas Co. v. Atlantic Refining Co.

255 F. 417 · District Court, E.D. Pennsylvania · Mar 15, 1918

If it is clearly baseless, however honest it may be, there is no justification for refusing to plaintiff the judgment to which he is entitled. … We have, however, qualified the statement made because of the opposing theory presented by the affidavit of defense.

Gallagher v. Green

146 F. Supp. 3d 652 · District Court, E.D. Pennsylvania · Nov 10, 2015

Defendants also contend that Plaintiff fails to establish a claim for malicious abuse of process. Finally, Corporal Armstrong argues that Plaintiff fails to establish an illegal search claim against her. … The police officers clearly had probable cause to arrest and charge Plaintiff. Accordingly, the false arrest and false imprisonment claims asserted in Count 1 will b.e dismissed against the Commonwealth Defendants. IY.

TALBERT v. TAUBENBERGER

District Court, E.D. Pennsylvania · Nov 23, 2022

Talbert] must establish ‘(1) that there was an arrest; and (2) that the arrest was made without probable cause.’”55 Mr. … Talbert must demonstrate: (1) “he is a qualified individual with a disability,” (2) “who was precluded from participating in a program, service, or activity, or otherwise subject to discrimination,” (3) “by reason of his

Lukens Steel Co. v. Kreps

482 F. Supp. 736 · District Court, E.D. Pennsylvania · Jan 7, 1980

The $7.5 million Creusot-Loire infusion clearly constituted an augmentation of Phoenix’s working capital. … AVAILABILITY OF SUPPORT FOR THE VACUUM DEGASSING PROJECT Section 202(b)(4) of the Act, 42 U.S.C. § 3142 (b)(4) requires that an applicant be unable to obtain private financial support in order to qualify for EDA assistance

FULLER v. NARKIN

District Court, E.D. Pennsylvania · Aug 11, 2022

I denied a motion to dismiss on the basis of qualified immunity, ECF 47, a ruling that was affirmed on appeal. ECF 54. But following the successful dismissal of the appeal, Fuller parted ways with his attorneys. … immunity or municipal immunity arguments. 17

In Re Mushroom Direct Purchaser Antitrust Litigation

514 F. Supp. 2d 683 · District Court, E.D. Pennsylvania · Apr 25, 2007

It.is not enough that a typical member qualify, or even that most of [the cooperative defendant’s] members qualify.” Id. at 822-23 , 98 S.Ct. 2122 . In Case-Swayne Co. v. … “Concerted action is established where two or more distinct entities have agreed to take action against the plaintiff.