Case law

Kocher v. MCDONOUGH

District Court, E.D. Pennsylvania · May 26, 2023

To do so, she must establish that: (1) she is a member of a protected class; (2) she is qualified for the position; (3) she suffered an adverse employment action; and (4) the action occurred under circumstances that give … Kocher engaged in clearly protected activity – filing an EEO complaint. See ECF 13-1; ECF 13-2.

International Election Systems Corp. v. Shoup

452 F. Supp. 684 · District Court, E.D. Pennsylvania · Apr 24, 1978

The terms of the 1967 proposed new contract and the circumstances surrounding *692 its drafting clearly recognized the continued existence of the 1955 contract as of that time. 13. … Information which is common knowledge, a matter of public record, or easily ascertainable does not qualify as a trade secret. Midland-Ross Corp. v.

A & H Sportswear Co. v. Victoria's Secret Stores, Inc.

57 F. Supp. 2d 155 · District Court, E.D. Pennsylvania · Jul 29, 1999

Even assuming that such instances of actual confusion did occur, they are clearly de minimis in light of the large volume of sales by the Plaintiffs. … Such disclaimer shall appear in a color which clearly distinguishes it from the background on which it is printed; c.

Hoffman v. Paper Converting MacHine Co.

694 F. Supp. 2d 359 · District Court, E.D. Pennsylvania · Mar 3, 2010

To establish a prima facie ease, a plaintiff need not *366 produce a prototype which presents a reasonable alternative design, but instead may rely on qualified expert testimony that a reasonable alternative could have been … Similarly here, the machine was clearly fit for its ordinary purposes as a printing press.

Molly L. Ex Rel. B.L. v. Lower Merion School District

194 F. Supp. 2d 422 · District Court, E.D. Pennsylvania · Apr 2, 2002

There clearly is no question as to whether the education was “free” or “public”; thus, the Court must determine whether the District’s proposed Section 504 Service Agreement provided an “appropriate” education. … education and, therefore, does not qualify for protection under IDEA. 4 .

Burton v. Ken-Crest Services, Inc.

127 F. Supp. 2d 673 · District Court, E.D. Pennsylvania · Jan 8, 2001

Section 107 of the PSLRA amended 18 U.S.C. § 1964 (c) by prohibiting “conduct that would have been actionable as fraud in the purchase or sale of securities” as a basis “to establish a violation of section 1962.” § 1964(c … Plaintiffs circuitous arguments clearly fail. First, Plaintiffs attempt to recast the acts as “theft” instead of securities fraud is meritless on its face.

COLORCON, INC. v. Lewis

792 F. Supp. 2d 786 · District Court, E.D. Pennsylvania · May 31, 2011

Thus, Colorcon has not established a likelihood of success on the merits of its breach-of-contract claim. ii. … As there are no open jobs at Sensient for which Lewis is qualified, she would likely have to be terminated.

Garnet Smith v. Wellpath, LLC, et al.

District Court, E.D. Pennsylvania · Mar 30, 2026

App’x 116, 118 (3d Cir. 2017) (per curiam) (“Where a plaintiff’s conduct clearly indicates that he willfully intends to abandon the case, or where the plaintiff’s behavior is so contumacious as 7 Huner also contends that … her status as the prison Health Care Administrator is not sufficient to establish the requisite personal involvement to state a constitutional claim under § 1983.

Williams v. Barr

379 F. Supp. 3d 360 · District Court, E.D. Pennsylvania · Apr 1, 2019

App'x 88 , 90-91 (3d Cir. 2011) (stating that under the Immigration and Nationality Act, "home confinement [is] a serious restriction of [the plaintiff's] liberty and qualifie[s] as imprisonment"); Beahm v. … The Government argues that 76% of states establish a maximum possible punishment for an offense like Williams' at "about one year or more." ( Id. ) Thus, the Government claims that 76% is clearly a consensus regarding the

Quaker City Motor Parts Co. v. Inter-State Motor Freight System

148 F. Supp. 226 · District Court, E.D. Pennsylvania · Jan 21, 1957

This power shall not be affected by .any other means of adjustment or prevention that has been or may be ■established by agreement, law, or (otherwise: * * *.’ 61 Stat. 146 , ■29 U.S.C. (1952 ed.) § 160(a), 29 U.S.C.A. § … to deny the consignee’s employees their right to decline to associate with their fellows in violation of 29 U.S.C.A. § 157 : “It rarely has been suggested that the constitutional freedom for speech and press extends its immunity

United States Gypsum Co. v. Schiavo Bros.

485 F. Supp. 46 · District Court, E.D. Pennsylvania · May 22, 1979

are “in general, an extremely difficult group with whom to deal . . . and that upon termination of a junkyard lease, the dealer[s] rarely, if ever, cleared the property of accumulated debris,” should not, without more, immunize … Neither claim was clearly articulated in the complaint.

MOORE v. DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · Jun 22, 2022

The Commonwealth of Pennsylvania has not waived that immunity. See 42 Pa. Cons. Stat. § 8521(b). … Taylor, 316 F.3d 257, 259 (3d Cir. 2003) (holding that a prisoner who claimed that he had shared a cell with constant smokers for many months stated a claim for a violation of a clearly established right), with Richardson

MANERI v. STARBUCKS CORPORATION STORE 15627

District Court, E.D. Pennsylvania · Oct 31, 2019

Clearly, Lolli is no more qualified to offer an opinion as to the correlation between the burn and the temperature of the tea than the jury would be. … Clearly, these measurements or tests are not technical or able to be repeated in any meaningful way.

Nautilus Ins. Co. v. 200 Christian St. Partners, LLC

363 F. Supp. 3d 559 · District Court, E.D. Pennsylvania · Jan 30, 2019

Unifund Corp. , 539 F.3d 218 , 221 (3d Cir. 2008) ("Under Rule 12(c), judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved ..." … App'x at 95 (assessing underlying complaint to determine if it alleges product-related tort claim so as to qualify for "occurrence" under Indalex ); Northridge Vill., LP v. Travelers Indem.

ANGELIS v. PHILADELPHIA HOUSING AUTHORITY

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

“[A] major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory … Plaintiff has sufficiently alleged that he has an ADA-qualifying disability.

BEIRD v. LINCOLN UNIVERSITY OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION

District Court, E.D. Pennsylvania · Sep 17, 2020

“To establish a prima facie FMLA retaliation claim, a plaintiff must demonstrate that ‘(1) she invoked her right to FMLA-qualifying leave, (2) she suffered an adverse employment decision, and (3) the adverse action was … Typically, “[t]o establish a prima facie case under the ADA, a plaintiff must show that [s]he (1) has a disability; (2) is a qualified individual; and (3) has suffered an adverse employment action because of that disability

Plasko v. City of Pottsville

852 F. Supp. 1258 · District Court, E.D. Pennsylvania · May 26, 1994

The Third Circuit has clearly held that, under the appropriate circumstances, a pretrial detainee’s suicide can give rise to a Section 1983 violation as an infringement of the Due Process Clause of the Fourteenth Amendment … Camic, 712 F.2d at 1146 (failure to check cells in accordance with established procedures does not evince deliberate disregard).

PICARDI v. PULMONARY CONSULTANTS, INC.

District Court, E.D. Pennsylvania · May 21, 2025

pay parity and improve the chances of recruiting new, qualified staff. … To establish a prima facie case of sex discrimination under Title VII, Plaintiff must show that (1) she was a member of a protected class, (2) she was qualified for the position, (3) she suffered an adverse employment

Ziegler v. Delaware County Daily Times

128 F. Supp. 2d 790 · District Court, E.D. Pennsylvania · Feb 5, 2001

Ziegler”) is a clearly not a reasonable reaction to Jelenic’s positive statement that he discharged Ziegler. … Ziegler” had not clearly been a questioning response to counsel's query.

Jeter v. Barnhart

239 F. Supp. 2d 586 · District Court, E.D. Pennsylvania · Jan 2, 2003

Establishing Eligibility for SSI In order to qualify for SSI, a claimant must show that he suffers from a disability as under the Social Security Act, which defines “disability” as: inability to engage in any substantial … Roby indicated that Jeter was able to communicate clearly and had the ability to carry out simple instructions. Tr. 273-74.