Case law

Medical Mutual of Ohio v. SmithKline Beecham Corp.

291 F.R.D. 93 · District Court, E.D. Pennsylvania · Jun 19, 2013

. *98 In 2011, I denied two separate GSK motions for summary judgment, one on causation, and one on Noerr-Pennington immunity. See 798 F.Supp.2d 619 (E.D.Pa.2011) and 795 F.Supp.2d 300 (E.D.Pa.2011), respectively. … As discussed above, the settlement award represents a substantial amount and clearly demonstrates the value of class counsel’s efforts. This factor supports approval of the requested fee. 4.

O'NEILL v. Sears, Roebuck and Co.

108 F. Supp. 2d 433 · District Court, E.D. Pennsylvania · Jul 28, 2000

O’Neill’s recitation of the conversation was not quite as damning at trial, we again conclude that the testimony, if believed by the jury, was sufficient to qualify as direct evidence of discrimination, warranting a Price … Here, the plaintiff provided ample evidence to establish Mr.

Lehigh Valley R. Co. v. Peaslee

47 F. Supp. 55 · District Court, E.D. Pennsylvania · Oct 8, 1942

Thereafter, under treaty statutes, a Mixed Claims Commission was established. … On the other hand, the claim upon its face does not show clearly such lack of validity as to entitle the plaintiff to summary judgment thereupon.

ROSADO v. DUGAN

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

His allegations here are particularly hard to follow but do not begin to establish a procedural due process claim. See Verdier v. Borough, 796 F. Supp. 2d 606, 629 (E.D. … Haskins, 966 F.2d 292, 295 (7th Cir. 1992) (concluding dismissal based on qualified immunity was not warranted when an officer held his gun to a nine-year old’s head and threatened to pull the trigger, and the nine-year

McSparran v. Pennsylvania Railroad Company

258 F. Supp. 130 · District Court, E.D. Pennsylvania · Aug 5, 1966

There is no logical reason why it should not be established by proof like other relevant facts.” 25 . … the act of 1937 to his personal representative. * * ' * By providing that executors or administrators may commence and prosecute all personal actions which the decedent might have commenced and prosecuted, the act of 1937 clearly

GONZALEZ v. STANFORD-ADAMS

District Court, E.D. Pennsylvania · Mar 3, 2025

. § 1915(e)(2)(B), which requires the Court to screen and dismiss the Complaint if it is frivolous, malicious, fails to state a claim, or seeks relief from an immune defendant. … Plaintiff does not articulate any sort of time frame or specify the substance of these complaints, does not set forth sufficient facts to allege that they complained about conduct violative of the FLSA, all of which precludes establishing

Smith v. Carolina Medical Center

274 F. Supp. 3d 300 · District Court, E.D. Pennsylvania · Aug 2, 2017

Sufficient facts to establish ‘a plausible ground for relief must be alleged.” Id. at 158. … These regulations “clearly demonstrate that compliance ... is a condition of participation and not a condition of payment as the regulations draw a line between the type of violations which are correctible and, if corrected

HURD v. PENNSYLVANIA DEPT OF CORRECTIONS

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

Furthermore, the Eleventh Amendment bars suits against a state and its agencies in federal court when the state has not waived that immunity, id., and the Commonwealth of Pennsylvania has not waived that immunity. … Allegations of medical malpractice and mere disagreement regarding proper medical treatment are insufficient to establish a constitutional violation. See Spruill v.

HERNANDEZ-SANTANA

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

He complains that if Little was qualified, he would not have had to have waited 67 days before being sent to the emergency room. (Id. at 4.) … “[I]t is well established that as long as a physician exercises professional judgment his behavior will not violate a prisoner’s constitutional rights.” Pearson v.

Bolton v. Tesoro Petroleum Corp.

549 F. Supp. 1312 · District Court, E.D. Pennsylvania · Nov 2, 1982

In most cases, the Court’s discretion must be exercised with a recognition that the plaintiff’s choice of forum “should not be lightly disturbed,” and that the burden is on the party moving for transfer to establish that … Bosemer, 374 F.Supp. 754 (E.D.Pa.1974), this factor cannot alone prevent a transfer where the convenience of the parties and witnesses and the interests of justice clearly favor transfer.

WALKER v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Aug 14, 2020

This limitation is based on the well-established principle that municipalities “are not vicariously liable under § 1983 for their employees’ actions.” … she is absolutely immune.

Baez v. The Hill at Whitemarsh

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

Under the McDonnell Douglas test, “the plaintiff must first establish a prima facie case of discrimination by showing that: (1) s/he is a member of a protected class; (2) s/he was qualified for the position s/he sought … To establish pretext, Ms.

United States v. Osidach

513 F. Supp. 51 · District Court, E.D. Pennsylvania · Mar 30, 1981

The burden of proof shall be upon the person who seeks to establish his eligibility under this Act. … Our recent decisions have not departed from this long-established rule.

American College of Obstetricians & Gynecologists, Pennsylvania Section v. Thornburgh

552 F. Supp. 784 · District Court, E.D. Pennsylvania · Dec 10, 1982

. (¶ 176) Hospitals do qualify. … The claim does no more than state an establishment clause challenge which has been rejected by the courts.

IN RE: HANAWAY

District Court, E.D. Pennsylvania · May 14, 2026

First, Appellant asserts that the Bankruptcy Court erred as a matter of law by denying the Motion to Convert without analysis or consideration of the Third Circuit’s established factors for deciding such a motion. … The right to convert is not absolute; rather, it is conditioned upon the petitioner’s ability to qualify as a “debtor” under the chapter to which she seeks to convert. See Marrama v.

AZZARELLI

District Court, E.D. Pennsylvania · Jun 15, 2026

A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Benefit Life Co. v. … No. 8 (April 25, 2025 Order dismissing case with prejudice on immunity grounds); Clark v. TD Bank, No. 25-881 (E.D. Pa.), Doc.

Wolfington v. Reconstructive Orthopaedic Associates II, P.C.

275 F. Supp. 3d 584 · District Court, E.D. Pennsylvania · Sep 29, 2017

The Complaint had clearly alleged further payments had been made by electronic payment from Plaintiff to Defendant. … Defendant has no immunity from litigation, but it is clear that groundless lawsuits against medical providers increase the cost of medical care, and increased expenses of medical providers have contributed to the drastic

Reading Co. v. City of Philadelphia

823 F. Supp. 1218 · District Court, E.D. Pennsylvania · May 11, 1993

[liability may be established].’ ”); United States v. … Clearly then, hazardous wastes are a subset of solid wastes.

Peterman v. Sakalauskas

978 F. Supp. 2d 439 · District Court, E.D. Pennsylvania · Oct 10, 2013

Muldowney, the plaintiff established that he had “suffered some injuries to his back and shoulder” but failed to “establish that [those] injuries resulted in such substantial interference with any bodily function as to permit … Mazlin fails to specifically state that Plaintiff's injuries “constituted an ‘impairment of body function' or ‘serious impairment’ such that it would prevent her from engaging in her daily activities or qualify her impairment

McField ex rel. Ray v. Philadelphia Housing Authority

992 F. Supp. 2d 481 · District Court, E.D. Pennsylvania · Jan 17, 2014

Freestone, 520 U.S. 329, 340 , 117 S.Ct. 1353 , 137 L.Ed.2d 569 (1997) (“Section 1983 imposes liability on anyone who, under color of state law, deprives a person ‘of any rights, privileges, or immunities secured by the Constitution … This section clearly speaks in terms of general policy, and it has consistently been held not to create a private right. See, e.g., Reynolds v. PBG Enterprises, No. 10-4373, 2011 WL 2678589 , at *7-8 (E.D.Pa.