Case law

Lebowitz v. Forbes Leasing and Finance Corporation

326 F. Supp. 1335 · District Court, E.D. Pennsylvania · Apr 19, 1971

He rejected the notion that distress sales qualified as a time-honored procedure and, after examining the record, found no sufficient evidence of an “extraordinary situation * * * requiring special protection to a state or … Clearly, a due process violation should not depend upon the type of property being subjected to the procedure. 57 *1346 Jones Press Inc. v.

Joseph J. Lynch, Joseph B. Lynch v. Haverford Township, Chief John Viola, Lieutenant Lawrence Todd, Sergeant Robert McCreight, Code Director Joseph Celia, Township Manager David Burman, Delaware County District Attorney’s Office, Delaware County Mobile Crisis for Law Enforcement (MCLE), John Does 1-2

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

in part by the statute of limitations.65 Police Chief John Viola, Lieutenant Lawrence Todd, Sergeant Robert McCreight, Code Director Joseph Celia, and Township Manager David Burman further contend they are entitled to qualified … either when the Government violates an individual’s reasonable expectation of privacy or when the Government obtains information by physically intruding on persons, houses, papers, or effects.”92 “Trespass alone does not qualify

TOLBERT v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · Apr 4, 2022

It is well- established that states are not considered “persons” for purposes of § 1983. See Will v. Mich. Dep’t of State Police, 491 U.S. 58, 65-66 (1989). … 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.

Estate of Ware ex rel. Boyer v. Hospital of the University

73 F. Supp. 3d 519 · District Court, E.D. Pennsylvania · Dec 19, 2014

For example, Defendants failed to monitor his radiation exposure, as was clearly required. … Any conceivable state tort action which might remain available to a plaintiff following the determination that his claim could not qualify as a public liability action, would not be one based on ‘any legal liability’ of ‘

NOONAN v. KANE

District Court, E.D. Pennsylvania · Dec 1, 2020

Kane was entitled to qualified immunity on Counts I, IV, and V. … This Court had not reached defendants’ argument in their motion to dismiss that they are entitled to qualified immunity.

SWINTON v. WALK

District Court, E.D. Pennsylvania · Oct 3, 2024

A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Ben. Life Co. v. AEI Life, LLC, 800 F.3d 99, 105 (3d Cir. 2015). III. … “The Supreme Court has recognized that a constitutional right to effectively use the courts has been found in the Article IV Privileges and Immunities Clause, the First Amendment Petition Clause, the Fifth Amendment Due

PATTERSON v. QUIGLEY

District Court, E.D. Pennsylvania · Sep 6, 2019

immunity. … Because the Court finds Patterson failed to exhaust his administrative remedies within BCJ, the Court does not address qualified immunity. simple dead end.”

Gordon v. Kohl's Department Stores, Inc.

172 F. Supp. 3d 840 · District Court, E.D. Pennsylvania · Mar 28, 2016

The Plan works when you, your Spouse or Domestic Partner, an Authprized User of your Account, or a Higher Wage Earner in your Household experience a qualifying event. Defs.’ Mot. Exs. A, B, C. … The assignment is clearly described on the first page of the Private Label Agreement. The legal effects of the assignment of a contract are well established.

United States v. Corbitt

368 F. Supp. 881 · District Court, E.D. Pennsylvania · Sep 28, 1973

In the quest for an impartial and qualified jury, Negro and white, Protestant and Catholic, are alike subject to being challenged without cause. … Clearly, the conversation was not premised on any improper motive. It is also apparent that a mistrial would not have been warranted under the standards of United States v. Jorn, supra. See generally United States v.

Philadelphia Workforce Development Corp. v. KRA Corp.

156 F. Supp. 3d 616 · District Court, E.D. Pennsylvania · Jan 14, 2016

In support of its Post-Trial Motion, KRA argues that the Contracts “clearly and unambiguously establish the nature and methodology for compensating KRA.” KRA Br. at 8. … The e-mail proposes the establishment of “caps” on the amount each EARN Center could receive for performance benchmarks in FY 2010. J.A. 723.

ASTRAZENECA AB v. Mutual Pharmaceutical Co., Inc.

250 F. Supp. 2d 506 · District Court, E.D. Pennsylvania · Mar 14, 2003

Accordingly, the prosecution history excerpt relied upon by Defendant does not clearly establish that the inventor surrendered coverage “with reasonable clarity and deliberateness,” with respect to solutions in which the … Defendant argued during claim construction that the '081 patent only covers surfactants, and that PEG 400, which is a co-solvent, not a surfactant, does not qualify as a solubilizer.

Independence Public Media of Philadelphia, Inc. v. Pennsylvania Public Television Network Commission

813 F. Supp. 335 · District Court, E.D. Pennsylvania · Feb 10, 1993

Clearly, the court’s decisions in these cases did not turn, as defendants contend, upon whether the Pennsylvania legislature delegated “legislative power or authority” to the agencies involved, but whether the agencies exercised … Indeed, enjoining county officials could accomplish little when the MHMRA required the removal of mentally retarded residents from the state institution and the establishment of siaie-funded community living arrangements.

De Lage Landen Financial Services, Inc. v. Rasa Floors, LP

792 F. Supp. 2d 812 · District Court, E.D. Pennsylvania · Jul 28, 2011

Viewpoint and NCC clearly accepted the new telephone equipment leased through the Rental Agreements and Mr. … Perez’s position relative to DLL can be distinguished from Defendants, who are clearly commercial entities.

YARMEY v. UNIVERSITY OF PENNSYLVANIA

District Court, E.D. Pennsylvania · Nov 15, 2024

If the plaintiff meets his burden of establishing that he was otherwise qualified with or without an accommodation, the burden then shifts to the defendant to show that the plaintiff’s “requested accommodation would … Plaintiff Was Qualified Under the ADA and RA. The Parties dispute whether Plaintiff was qualified under the ADA and RA to complete the Pre-Health Program.

Muslim v. Frame

854 F. Supp. 1215 · District Court, E.D. Pennsylvania · Jun 10, 1994

Clearly, the conditions described do not involve the wanton and unnecessary infliction of pain. See Rhodes v. Chapman, 452 U.S. 337, 347 , 101 S.Ct. 2392, 2399 , 69 L.Ed.2d 59 (1981). … If plaintiff failed to receive these utensils, it was because he either failed to request such services or did not qualify as an indigent inmate. (McFadden Aff. ¶24).

GARCIA v. VERTICAL SCREEN, INC.

District Court, E.D. Pennsylvania · Mar 21, 2022

2016), in which the Superior Court of Delaware dismissed misappropriation of trade secrets claims as barred by the gist of the action doctrine because the defendant’s conduct was clearly … The Confidentiality Agreement is silent as to this immunity, so Vertical Screen has not complied with DTSA’s notice requirement.

Schwartz v. Dana Corp./Parish Div.

196 F.R.D. 275 · District Court, E.D. Pennsylvania · Aug 8, 2000

However, Plaintiff's reliance is misplaced, as the Pennsylvania Supreme Court clearly stated after Mclvor that "it is not possible to have an expectation of non-interception absent an expectation of privacy." … Furthermore, the need to establish liability and damages with respect to each class member would require a detailed factual inquiry to establish the circumstances and surroundings of each class member.

Windsor Communications Group, Inc. v. Havertown Printing Co. (In Re Windsor Communications Group, Inc.)

79 B.R. 210 · District Court, E.D. Pennsylvania · Sep 25, 1987

Secondly, and this is the reason for this letter, in a unilateral action for which Norcross-Rust Craft had given no written approval by a qualified officer, Havertown was placing itself in the advantageous position in relation … There are two (2) closely connected theories which serve as the basis of the aforementioned established rule that a creditor has no valid right to setoff when conversion has occurred.

Gentry v. Sikorsky Aircraft Corp.

383 F. Supp. 3d 442 · District Court, E.D. Pennsylvania · Apr 22, 2019

Friend for establishing the citizenship of the parties for purposes of diversity jurisdiction. … Pa. 2018) ("[D]ocuments qualifying as public records may be judicially noticed by courts."). In her supplemental brief on jurisdictional discovery, Ms. Gentry argues that (1) Mr.

Bucks County Cable TV, Inc. v. United States

299 F. Supp. 1325 · District Court, E.D. Pennsylvania · Mar 28, 1969

FACTS Plaintiff was organized to establish and operate a community antenna television system in various Bucks County communities. … Clearly, there may be good reasons for denying hearings to persons who object to new service and seek a waiver of the rules.