Case law

Penco Products, Inc. v. WEC Manufacturing, LLC

974 F. Supp. 2d 740 · District Court, E.D. Pennsylvania · Sep 24, 2013

Because the precise nature of the relationship between Wholesale and WEC is in dispute, and the claim that WEC is the successor-in-interest is not clearly frivolous, 46 the Court will allow Penco to engage in jurisdictional … Dec. 1, 2004) (concluding that "substantial ... email communications” with, a corporation located in the forum may qualify as sufficient evidence of minimum contacts for the exercise of personal jurisdiction). .

Jacobs v. Lakewood Aircraft Service, Inc.

512 F. Supp. 176 · District Court, E.D. Pennsylvania · Apr 3, 1981

The court therefore held that the successor was not immune from liability. … Amsted Industries, Inc., 171 N.J.Super. at 266, 408 A.2d at 821 (the contract between the two corporations “clearly contemplate[d] the transfer of a viable, operating manufacturing company to the [successor]”); id. at 269

MELTON v. SEPTA, 5TH FLOOR-CLAIMS DEPARTMENT

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

The Court will dismiss Plaintiff’s ADA and RA claims without prejudice, only to the extent that Plaintiff can clearly allege that (1) he is a qualified individual with a disability; (2) he was denied the benefits of SEPTA … Accordingly, he has not sufficiently alleged that the parties are diverse for purposes of establishing the Court’s jurisdiction over any state law claims he intends to pursue. IV.

In Re Flonase Antitrust Litigation

815 F. Supp. 2d 867 · District Court, E.D. Pennsylvania · Sep 26, 2011

“The party invoking federal jurisdiction bears the burden of establishing these elements.” Lujan, 504 U.S. at 561 , 112 S.Ct. 2130 . … Business records of regularly conducted activity are self-authenticating if they are “accompanied by a written declaration of its custodian or other qualified person.... ” Fed. R.Evid. 902(11).

Simmons v. United States

120 F. Supp. 641 · District Court, E.D. Pennsylvania · Apr 7, 1954

Johnson, 1920, 254 U.S. 96 at page 100, 41 S.Ct. 47 , at page 48, 65 L.Ed. 155 ; 57 A.L.R. 437 (death by suicide), qualified Ritter v. Mutual Life Ins. … United States, D.C., 63 F.Supp. 629 , at page 632. “ * * * it is also well established that suit may not be maintained against the United States in any case not clearly within the terms of the statute by which it consents

Hess v. Ward

497 F. Supp. 786 · District Court, E.D. Pennsylvania · Jul 9, 1980

HACC has established eligibility standards for admission and continued occupancy which include family size, income and asset requirements. … The regulation refers to the jurisdiction of the public housing authority, in this case HACC, whose jurisdiction is clearly county-wide.

Comité de Apoyo a los Trabajadores Agricolas v. Perez

45 F. Supp. 3d 477 · District Court, E.D. Pennsylvania · Sep 11, 2014

There would be no guarantee that new regulations would be beyond the reach of Bayou’s injunction or immune to other litigation. New rulemaking expenditures might prove to be duplicative or wasted. IV. … It was ruled that requiring only contractors to file for labor certifications is barred by the governing regulations issued by the Department of Homeland Security (DHS): "Together, these provisions clearly mandate that (1

Corrigan v. Methodist Hospital

234 F. Supp. 2d 494 · District Court, E.D. Pennsylvania · Nov 6, 2002

A court may also grant a new trial if the verdict was the result of erroneous jury instructions, was excessive or clearly unsupported by the evidence or was influenced by extraneous matters such as passion, prejudice, sympathy … Pursuant to that rule, If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill

United States Ex Rel. Kovalev v. Ashcroft

223 F. Supp. 2d 688 · District Court, E.D. Pennsylvania · Sep 27, 2002

The INS received a travel document for Kovalev on September 17, 2002, which establishes that Russia considers Kovalev to be either now, or has the right to qualify, as a Russian citizen, and in any event, Russia will allow … violated Relator’s due process rights, under a de novo standard, but should also review the INS’ exercise of discretion under the abuse of discretion standard, should defer to the factual findings made by INS unless they are clearly

Halderman v. Pennhurst State School & Hospital

154 F.R.D. 594 · District Court, E.D. Pennsylvania · Mar 28, 1994

The County’s and Commonwealth’s failure to prohibit excessive medication of class members clearly violates Paragraph A6 of the Court Decree. 37. … These findings indicate that the defendants are clearly in violation of Paragraph A4 of the Court Decree.

Kimmel v. Phelan Hallinan & Schmieg, PC

847 F. Supp. 2d 753 · District Court, E.D. Pennsylvania · Feb 28, 2012

They advance two grounds: (1) “the Kimmels have failed' to plead the requisite facts to establish that the debt at issue qualifies as a debt under the FDCPA,” Deutsche/ASC’s Mem. at 16; and (2) “Plaintiffs have failed to … Plaintiffs were *769 clearly restricted from using the property as a rental or a timeshare by the Second Home Rider, and rental and timeshare are the only practical business uses of a property located in a residential neighborhood

BRUNSON

District Court, E.D. Pennsylvania · Apr 2, 2026

To determine whether an omission is material, the Court must predict whether a reasonable judge would conclude that a corrected affidavit was insufficient to establish probable cause. Sherwood v. … Furthermore, the Commonwealth of Pennsylvania is immune from suit for money damages under the Eleventh Amendment and has not waived that immunity for lawsuits filed in federal court.

The Cloth Cases

5 F. Cas. 1068 · District Court, E.D. Pennsylvania · Feb 15, 1840

Tbe correspondence not only negatived tbe reality of tbe sales, as sucb, but showed clearly that tbe pretended prices in tbe custom-house invoices differed from .the valuations in other invoices referred to by tbe parties … In January, 1S39, the importer of the goods in question came to the United States, when it was arranged that the former establishment of the family should be broken up.

Jackson v. Southeastern Pennsylvania Transportation Authority

260 F.R.D. 168 · District Court, E.D. Pennsylvania · Aug 31, 2009

Such qualified individuals were then scheduled for the bus operator assessment. (Id. ¶¶ 11-12.) … Plaintiff can establish neither prong.

KOVALEV v. LABORATORY CORPORATION OF AMERICA

District Court, E.D. Pennsylvania · Jun 13, 2024

Labcorp asserts a reasonable jury could not find intent to inflict harmful or offensive bodily contact and the video shows neither words nor actions to establish an assault or battery. … The defendant police officer moved for summary judgment on qualified immunity. Judge Hunt in the district court denied the motion finding genuine issues of material fact precluding summary judgment.

Brown v. Laird

329 F. Supp. 242 · District Court, E.D. Pennsylvania · Jul 8, 1971

The record in this case clearly indicates that the board unanimously determined that the applicant did not qualify as a conscientious objector. The board found the following grounds for rejecting the application: 1. … It is well established that an applicant’s belief must be based on his own belief and not merely that of an organization of which he is a member. See United States v. Brown, 423 F.2d 751, 754 (3rd Cir. 1970).

CAGGIANO v. TEVA PHARMACEUTICALS USA INC.

District Court, E.D. Pennsylvania · Sep 9, 2020

The benefit arrangement must be: 1) a plan, fund, or program; 2) established or maintained; 3) by an employer or employee organization; 4) for the purpose of providing qualifying benefits; 5) to participants or beneficiaries … Clearly, Teva has failed to offer sufficient evidence to meet its burden of proof in this matter.

Archibald McNeil & Sons Co. v. United States

1 F.2d 39 · District Court, E.D. Pennsylvania · Aug 1, 1924

We have thus qualified the latter statement, because the question of law in the view of the resourceful counsel for Ihe plaintiff is one to which the familiar doctrine of the law of accord and satisfaction applies. … No one -is bound to accept less than what the law pronounces to be his due, and his agreement to accept loss is clearly nudum pactum. The moment, however, a consideration is introduced, he is bound.

AMICA MUTUAL INSURANCE COMPANY v. DAS

District Court, E.D. Pennsylvania · Mar 30, 2021

First, as a modifier, “resident” may connote a qualifying relative who is physically present in the household address provided in an insurance policy. … “Occasional, sporadic, and temporary contacts are insufficient” to establish residency to establish residency under Pennsylvania. St. Paul Fire & Marine Ins. Co. v. Lewis, 935 F.2d 1428, 1431-32 (3d Cir. 1991).

Baker v. Horn

210 F. Supp. 2d 592 · District Court, E.D. Pennsylvania · May 31, 2002

According to the Third Circuit, Pennsylvania’s procedural rules clearly established that Bonds’ appeal was untimely. … Horn, the Third Circuit similarly concluded that it was not clearly established that Pennsylvania courts would refuse to consider a PCRA petition in a capital case that was' otherwise untimely under § 9545(b)’s one-year limitation