Case law

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.

PEELE v. OBERLANDER

District Court, E.D. Pennsylvania · Aug 24, 2023

Id, § 20911(4)(A) (emphasis added), An offender qualifies as a tier III sex offender if either of these conditions is satisfied. … Peele qualifies as a tier III sex offender because rape is comparable to aggravated sexual abuse or sexual abuse.

Popkin v. Eastern Air Lines, Inc.

253 F. Supp. 244 · District Court, E.D. Pennsylvania · Mar 25, 1966

Plaintiffs thereafter obtained a Writ of Mandamus in the Court of Appeals on the ground that as the fiduciary plaintiffs liad not qualified under Massachusetts -law, the District of Massachusetts was not a court in which … Kirkpatrick, 349 U.S. 29 , 75 S.Ct. 544 , 99 L.Ed. 789 (1955) established that the discretion to be exercised in transferring a case was broader than that exercised under forum non conveniens. Jurgelis v.

Merisant Co. v. McNeil Nutritionals, LLC

242 F.R.D. 315 · District Court, E.D. Pennsylvania · Apr 12, 2007

Forty-four (44) interviews were discarded because the respondents denied having been interviewed or appeared not to have qualified. … Long, Unfair Competition and the Lan-ham Act 326 (1993) (“Generally, in order to be given probative weight, the survey must be designed so that the responses clearly are based on the content of the advertisement and not simply

C. v. FOUNDATIONS BEHAVIORAL HEALTH

District Court, E.D. Pennsylvania · Aug 24, 2021

The Complaint, however, clearly premises its claim of discrimination on more than Otabil’s physical abuse. … Here, Defendants contend only that Plaintiffs have failed to allege facts sufficient to establish the fourth element of their Section 504 claim.

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.

Marcone v. Penthouse International, Ltd.

533 F. Supp. 353 · District Court, E.D. Pennsylvania · Feb 22, 1982

There is no question that the above statements are capable of defamatory *358 meaning in that they clearly impute that Mr. Marcone committed a crime. … Defendant’s Claim of Qualified Privilege Penthouse claims that the statements relating to Frank Marcone contained in the article “The Stoning of America” were privileged under the common law of Pennsylvania as a fair and

Atkinson v. Lafayette College

653 F. Supp. 2d 581 · District Court, E.D. Pennsylvania · Sep 9, 2009

Atkinson’s job duties, she clearly went beyond those job duties and engaged in conduct that is ‘protected’ under Title IX. (Pi’s Resp. Mot. Summ. J. 17.) … Through May of 1998, Plaintiff clearly engaged in extensive advocacy for Title IX compliance.

United States v. Byrne

422 F. Supp. 147 · District Court, E.D. Pennsylvania · Oct 12, 1976

Frank Moyer, an agent with the United States Treasury Department, Bureau of Alcohol, Tobacco and Firearms (ATF), who was qualified as a firearms expert, testified that wholesalers do not customarily pack firearms in grease … Since the weapons were relevant and material to the case, any possible prejudicial effect of these items (and the defendants have not alleged any prejudice) clearly was outweighed by their probative value.

Motor Carriers Labor Advisory Council v. Trucking Management, Inc.

711 F. Supp. 216 · District Court, E.D. Pennsylvania · Apr 5, 1989

Plaintiffs cite no precedent for the proposition that a qualified employee benefit trust fund may be held liable for antitrust damages or that a court may impose some type of injunctive relief on a qualified employee benefit … There simply is no legal basis for allowing plaintiffs to claim that qualified benefit trust funds can be held liable for antitrust violations of contributing employers and employer trustees.

First State Orthopaedics v. Concentra, Inc.

534 F. Supp. 2d 500 · District Court, E.D. Pennsylvania · Oct 16, 2007

The Court finds class counsel to be sufficiently experienced and well-qualified to prosecute the claims on behalf of the entire class. … The initial hurdles to establishing Con-centra’s liability are factual in nature.

United States v. Pungitore

965 F. Supp. 666 · District Court, E.D. Pennsylvania · May 20, 1997

The crime which qualified Mr. Pungitore to be admitted, as Mr. DelGiorno later testified, involved the attempted murder of Mr. Vento, in which Mr. Pungitore fired shots into Mr. Vento’s car. … The decision of whether to make a motion falls clearly within the realm of “attorney decisions.” See Weatherwax II, 77 F.3d at 1435 .

Ortiz v. City of Philadelphia Office of the City Commissioners Voter Registration Division

824 F. Supp. 514 · District Court, E.D. Pennsylvania · May 28, 1993

The official registration application card of an elector who has registered may qualify as a reinstatement of his registration or a removal notice. … The official registration application card of an elector who has registered may qualify as a reinstatement of his registration or a removal notice.

United States v. Maack

59 F. Supp. 2d 448 · District Court, E.D. Pennsylvania · Jul 19, 1999

Maack committed no violent offenses, and while he clearly abused alcohol and possibly other substances, there is no serious suggestion that this caused his alleged mental incapacity. … Maack is in fact such an addict, the testimony of Doctors Turner and Berman simply did not establish that Mr. Maack lacked the capacity to control his illegal, fraudulent behavior.

Allen v. Holiday Universal

249 F.R.D. 166 · District Court, E.D. Pennsylvania · Mar 18, 2008

Allen is at least minimally qualified to fairly and adequately represent the interests of the class. 2. … Given Plaintiffs’ counsel’s prior experience representing consumer classes in this District and in others, the Court concludes that counsel is adequate and qualified to represent the Class.

HARRELL v. PEOPLESHARE LLC

District Court, E.D. Pennsylvania · Mar 24, 2025

Under the burden-shifting framework, Harrell “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 … Like Geraci, Boykins is clearly distinguishable from the facts at issue here.

MALINSKY v. FBI

District Court, E.D. Pennsylvania · Oct 20, 2023

Meyer, 510 U.S. 471, 475 (1994) (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Epshteyn v. Police Dep’t of Upper Providence Twp., 615 F. … ran into people in the witness protection program seven years ago and his suggestion that he, too, has unspecified “classified information,” (ECF No. 4), the relevance of which to this case is entirely unclear, do not establish

In re Domestic Drywall Antitrust Litigation

300 F.R.D. 234 · District Court, E.D. Pennsylvania · May 15, 2014

If the subpoenaed nonparty demonstrates a “clearly defined and serious injury” for a claim of protection under Rule 45(d)(3)(B), an additional step is required. … Accordingly, the investigative files qualify for protection under Rule 45(d)(3)(B). D.

Askew v. R.L. Reppert, Inc.

902 F. Supp. 2d 676 · District Court, E.D. Pennsylvania · Sep 28, 2012

The Third Circuit has not determined if contribution and indemnification remedies qualify as the appropriate equitable relief envisioned in Harris Trust. See Ruggieri v. … Iqbal, 556 U.S. 662, 684 , 129 S.Ct. 1937, 1953 , 173 L.Ed.2d 868, 887 (2009), states clearly that the “facial plausibility” pleading standard set forth in Twombly applies to all civil suits in the federal courts.

United States v. Furey

491 F. Supp. 1048 · District Court, E.D. Pennsylvania · May 14, 1980

It is doubtful that legislative intent could be more clearly spelled out. … This was clearly an issue for the jury.