Case law

School District of Philadelphia v. Post

262 F. Supp. 3d 178 · District Court, E.D. Pennsylvania · Jul 5, 2017

While we appreciate the difference between this case and those situations in which a school has clearly taken an educational opportunity away from a student, see, e.g., P.N. v. … We agree that “the record at best establishes that the District did riot consistently enforce its policy on clearances at [McCall],” and that no basis exists to find that the District’s enforcement of said policy against

MacK v. Folino

383 F. Supp. 2d 780 · District Court, E.D. Pennsylvania · Aug 16, 2005

Mosley, the estranged father of Johnson’s child, admitted to her on more than one occasion that he had participated in DeSilva’s murder. 5 Judge Hughes held two days of hearings to determine whether Johnson’s statement qualified … established federal law as determined by the Supreme Court. 28 U.S.C. § 2254 (d)(1).

Eagle-Picher Industries, Inc. v. United States

657 F. Supp. 803 · District Court, E.D. Pennsylvania · Mar 18, 1987

Since to qualify as a maritime tort the wrong must have borne some relationship to “traditional maritime activity,” Executive Jet Aviation v. … In Perini, the Court did not clearly establish whether it eschewed the jurisdictional analysis because it determined that the scope of LHWCA was not dependent on the existence of admiralty jurisdiction (as the distinction

Becker v. ARCO Chemical Co.

15 F. Supp. 2d 600 · District Court, E.D. Pennsylvania · Jun 29, 1998

Contrary, to ARCO’s contentions, Richter clearly does not establish a per se seven-year age difference rule. Instead, it directs courts to examine the age difference in light of the facts and circumstances of the ease. … Therefore, Becker established a prima facie ease.

McGrath v. City of Philadelphia

864 F. Supp. 466 · District Court, E.D. Pennsylvania · Sep 9, 1994

Clearly, the work period does not have to coincide with the pay period or with a particular day of the week. 29 C.F.R. § 553.230 (c); Birdwell, 970 F.2d at 806 . … The facts in the present case are clearly distinguishable from those in Brock . In the present case, the Commanders’ salaries are not the illusory salaries criticized in Brock , but rather are consistent.

JENKINS

District Court, E.D. Pennsylvania · May 1, 2026

To establish a prima facie case of disability discrimination, a plaintiff must demonstrate that (1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to … Jenkins also argues that he can establish his FMLA retaliation claims under the mixed-motive framework established in Price Waterhouse v. Hopkins, 490 U.S. 228 (1989). See DI 28 at 10-12.

Long v. International Union of Electrical, Radio & MacHine Workers, Local 141

544 F. Supp. 1375 · District Court, E.D. Pennsylvania · Aug 25, 1982

An employee qualifying for sick leave is entitled to receive $100 per week from an insurance carrier for up to one year from the last day worked. … My findings clearly refute plaintiff’s contention that she had no knowledge of the existence and meaning of the terms of the settlement.

Ripley v. Brethren Mutual Insurance

69 F. Supp. 3d 503 · District Court, E.D. Pennsylvania · Nov 25, 2014

Pennsylvania held that “under the unusual factual scenario presented” in that case, the policy language was “reasonably susceptible to more than one interpretation,” id. at 1147 — that is, that the neighbor’s relatives qualified … Clearly, the “mere fact” of past emotional ties is insufficient to support Brethren Mutual’s contention that Michael Ripley was a member of the Ripleys’ household within the meaning of the insurance policy.

Grove Press, Inc. v. City of Philadelphia

300 F. Supp. 281 · District Court, E.D. Pennsylvania · May 20, 1969

Grove did present testimony *289 here which was relevant to a determination of this issue, but this evidence was advanced in support of Grove’s contention that the film was so clearly not obscene that any state interference … The City emphasizes Gully’s oft-quoted language as the appropriate standard for determining the removability of a state action: “To bring a case within the statute, a right or immunity created by the Constitution or laws

MARINELLI v. SORBER

District Court, E.D. Pennsylvania · Sep 15, 2022

To establish an Eighth Amendment violation based on the conditions of confinement, a prisoner must establish that prison officials’ acts or omissions denied him “the minimal civilized measure of life’s necessities.” … Any amended complaint should clearly describe the factual basis for Marinelli’s claims against the relevant defendant or defendants and how each defendant was involved in the alleged denial of his constitutional rights.

Vecchione v. Wohlgemuth

377 F. Supp. 1361 · District Court, E.D. Pennsylvania · Jul 11, 1974

Section 424 establishes two classes of civilly admitted or committed mental patients. The first consists of all patients adjudged incompetent by a court of appropriate jurisdiction. … In the instant case, on the other hand, the respective interests of the parties to plaintiff’s assets are significantly different, with the balancing clearly tipping in plaintiff’s favor.

Ramos v. Barnhart

513 F. Supp. 2d 249 · District Court, E.D. Pennsylvania · Mar 30, 2007

Kowalski observed that while Ramos is “sensitive to how people treat her,” Ramos can follow instructions and communicate clearly. (Id.) Ramos resumed her mental health treatment in January 2005. … The Third Circuit has clarified that “it is well established that sporadic or transitory activity does not disprove disability.” Smith v. Califano, 637 F.2d 968, 971-72 (3d Cir.1981).

Reaction Molding Technologies, Inc. v. General Electric Co.

588 F. Supp. 1280 · District Court, E.D. Pennsylvania · Jul 18, 1984

Clearly, plaintiff is entitled to damages under § 2-703, which *1291 provides seller’s remedies for breach of contract. … Clearly, the parties’ terms conflict with one another and the question I must determine is whose terms govern.

VU v. KOTT

District Court, E.D. Pennsylvania · May 31, 2024

Count III: Discrimination and Hostile Work Environment under Title VII In order to state a Title VII Discrimination claim, a plaintiff must plead “(1) [s]he is a member of a protected class; (2) [s]he was qualified for … A claim under §1985 requires “intent to deprive of equal protection, or equal privileges and immunities, means that there must be some racial, or perhaps otherwise class- based, invidiously discriminatory animus behind the

LESLIE

District Court, E.D. Pennsylvania · Apr 8, 2026

In the latter case, the burden rests on the plaintiff to establish jurisdiction. Jd. … A claim is dismissed under Rule 12(b)(1) only if it “clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or is wholly insubstantial and frivolous.” Gould Elecs.

Rivera v. Goode

540 F. Supp. 2d 582 · District Court, E.D. Pennsylvania · Mar 25, 2008

The Superior Court’s decision to the contrary was “an unreasonable application of clearly established federal law.” Williams, 529 U.S. at 409 , 120 S.Ct. 1495 . c. … Taylor, 529 U.S. 362, 391 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) ("It is past question that the rule set forth in Strickland qualifies as 'clearly established Federal law, as determined by the Supreme Court of the United

FINIZIE v. MCDONOUGH

District Court, E.D. Pennsylvania · Sep 30, 2022

Finizie from the position despite being qualified for the position.64 Ms. … to disbelieve the claim the employer honestly sought the best qualified candidate.109 Ms.

MINOR v. JOHN DOE 1

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

State Police, 71 F.3d 480, 482 (3d Cir. 1995) (to state a claim for false arrest and related false imprisonment under the Fourth Amendment, a plaintiff must allege facts establishing that he was arrested without probable … . § 1915A(b)(1), or that “seeks monetary relief from a defendant who is immune from such relief,” id. § 1915A(b)(2).

Deyo v. Eck

District Court, E.D. Pennsylvania · Sep 27, 2023

In the end, “whether a prosecutor is entitled to absolute immunity depends on whether [they] establish[] that [they were] functioning as the state’s ‘advocate’ while engaging in the alleged conduct that gives rise to the … The Younger requirements are clearly met in this case. First, the publicly available docket for Deyo’s criminal case indicates that the proceeding is still pending.

Baby Neal v. Casey

821 F. Supp. 320 · District Court, E.D. Pennsylvania · Apr 22, 1993

Section 627(a)(2) requires that in order for a state to qualify to receive funding above a specified level, such state must: ha[ve] implemented and is operating to the satisfaction of the Secretary— (A) a statewide information … These sections examined in the context of the entire Adoption Act clearly do not grant individuals a private right of enforcement.