Case law

Hyman Companies v. Brozost

964 F. Supp. 168 · District Court, E.D. Pennsylvania · Mar 12, 1997

Defendants counter that Plaintiff cannot establish that Brozost will breach his ethical or fiduciary obligations as an attorney, and that Brozost does not possess trade secrets. … fairly clear, and this clarity is at first reinforced by the Rule’s comment: “When a lawyer has been directly involved in a specific transaction, subsequent representation of other clients with materially adverse interests clearly

WESTMORELAND

District Court, E.D. Pennsylvania · Jun 12, 2026

“Section 1983 provides a civil remedy for the ‘deprivation of any rights, privileges, or immunities secured by the Constitution and laws.’” Halsey v. … App’x 725, 730 (3d Cir. 2021) (noting that “[a] privately retained attorney clearly does not act under color of state law, and . . . that ‘no color of state law attache[s] to the functions of court-appointed counsel.’”

United States v. Bass

864 F. Supp. 2d 353 · District Court, E.D. Pennsylvania · Jun 6, 2012

That defendant filed the October 19, 2010, Motion improperly is irrelevant, as Rule 15(c)(1)(B) clearly anticipates technical defects in the original pleading by including the clause “or attempted to be set out.” 3 The Court … Not Have Discovered the Facts Underlying the Challenge to the New Jersey Conviction in the Exercise of Due Diligence As noted above, the Supreme Court in Johnson held that the vacatur of a predicate state conviction may qualify

Hirschfeld v. Apfel

159 F. Supp. 2d 802 · District Court, E.D. Pennsylvania · Feb 26, 2001

Where the claimant establishes an inability to perform his or her prior work, the burden shifts to the Commissioner to show that the claimant can perform other substantial gainful work that exists in the national economy. … Heckler, 739 F.2d 1320, 1322 (8th Cir.1984)) (“A claimant’s daily activities is one factor to be considered in evaluating the credibility of a claimant’s subjective allegations of pain.”). 5 Consequently, the record clearly

S. C. Loveland Co. v. Lavino Shipping Co.

37 F. Supp. 386 · District Court, E.D. Pennsylvania · Sep 19, 1939

Cox qualified as an expert, and Loveland, the defendant, > of course, is in the lighterage business. … Clearly, the concentration of weight to starboard incre’ased progressively, causing a progressively increasing listing, finally destroying the conditions of equilibrium entirely, and giving the lighter a momentum which turned

United States v. Szehinskyj

104 F. Supp. 2d 480 · District Court, E.D. Pennsylvania · Jul 24, 2000

For example, Rule 803(16) provides an exception for “statements in a document in existence twenty years or more the authenticity of which is established.” … [a] qualified witness, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. Dr.

MOORE v. RUSSELL

District Court, E.D. Pennsylvania · Aug 25, 2023

2021) (permitting claim against defendant in his individual capacity to proceed even though “[plaintiff] did not check the box indicating a desire to sue [that defendant] in his individual capacity” where allegations clearly … When attempting to establish a claim under section 1983, a plaintiff must allege and prove that a “person” deprived the plaintiff of a constitutional right while acting under color of state law. See West v.

Hesling v. Avon Grove School District

428 F. Supp. 2d 262 · District Court, E.D. Pennsylvania · Apr 18, 2006

Facts Edward and Christine Hesling have two children with learning disabilities, who qualify for special education services under the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. § 1400 et seq. … Falzett reached the same conclusion where the plaintiffs sought both damages and tuition reimbursement: The fact that the Falzetts are seeking tuition reimbursement means that, unlike the plaintiffs in W.B., .the Falzetts are clearly

MOSKOWITZ v. NESHAMINY SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Sep 13, 2022

Moskowitz’s favor, as the Court must do for the non-movant at summary judgment, his attendance (and departure) record could constitute regular and reliable attendance for purposes of establishing that he is a qualified … Moskowitz otherwise alleges that ESS failed to help him find another position, the record clearly establishes that this too was impossible because he rejected the other permanent placements that ESS had available (at Everitt

WEISS v. THE PENNSYLVANIA HOSPITAL OF THE UNIVERSITY OF PENNSYLVANIA

District Court, E.D. Pennsylvania · Feb 26, 2021

However, Defendants assert that Plaintiff has failed to establish that she is qualified to perform the essential functions of her echo tech job and proposed an unreasonable accommodation as a matter of law, so she has … The Third Circuit has established that Plaintiff has the burden of establishing that she is a qualified individual, and the employer has the burden of showing a particular job function is an essential function.

SMITH v. HUMPHRYS - COVERSPORTS

District Court, E.D. Pennsylvania · Jul 26, 2024

Plaintiff Adaira Smith is an African American woman.5 Smith was hired by DCH, a manufacturer and wholesaler of canvas and industrial protective covers, as a Utility Employee6 on September 20, 2021.7 Although never clearly … action; (3) Plaintiff was qualified for her position; and (4) Plaintiff was terminated under circumstances that can support an inference of intentional discrimination.51 44 Anderson v.

BRAUN v. PHILADELPHIA INQUIRER LLC

District Court, E.D. Pennsylvania · May 6, 2025

Benefits Established by the Settlement Agreement: 1. … They appear well-qualified to weigh the risks and benefits of continued litigation as compared to the relief provided by the Settlement. (Id.)

SIMMS v. FERGUSON

District Court, E.D. Pennsylvania · Jul 29, 2021

The standard for application of these principles is well and firmly established. … Here, the grounds underlying Plaintiffs’ claims against the defendants is clearly not prospective in nature.

ROBINSON

District Court, E.D. Pennsylvania · Jun 1, 2026

And we may not grant a motion for judgment on the pleadings “unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Id. … P. 12(c), as HUD has not “clearly establishe[d] that no material issue of fact remains to be resolved and that [it] is entitled to judgment as a matter of law.” Wolfington, 935 F.3d at 195 (citation omitted). V.

Bailey v. United Airlines, Inc.

101 F. Supp. 2d 311 · District Court, E.D. Pennsylvania · Jun 13, 2000

Accordingly, United notified Bailey that he was no longer qualified to work as a first officer. … During his deposition testimony, Bailey clearly stated that in an attempt to gamer advocates to support his effort to have the Board change its decision, he called one of his instructors the night before he left for San Francisco

VONDERHEIDE v. THE HARRISBURG AREA COMMUNITY COLLEGE

District Court, E.D. Pennsylvania · Oct 23, 2019

Vonderheide established the Website. Crill Aff. at ¶ 1. 11. Mr. … Sullivan, “[l]ibel can claim no talismanic immunity from constitutional limitations; it must be measured by standards that satisfy the First Amendment. . . .

Suber v. Guinta

927 F. Supp. 2d 184 · District Court, E.D. Pennsylvania · Feb 28, 2013

establishment’s license. … The Third Circuit stated that “the plaintiffs’ Equal Protection ... claims may proceed on the theory that, although there were numerous establishments in Wilkes-Barre that clearly constituted common nuisances under Pennsylvania

ORAFIDIYA

District Court, E.D. Pennsylvania · Sep 1, 2026

Otherwise Qualified to Participate “An otherwise qualified individual is a person who can meet all of a program’s requirements in spite of a disability, with or without reasonable accommodation … Police Dep’t., 604 F. 2 Although undated, the alleged misrepresentation that Plaintiff requested to postpone the Fundamentals 3 examination was clearly made before the other dated misrepresentations.

Weathers v. Sch. Dist. of Phila.

383 F. Supp. 3d 388 · District Court, E.D. Pennsylvania · Apr 8, 2019

The Procurement Manual states that the purpose of a competitive procurement process "is to ensure that bid solicitations are awarded on the basis of a competitive process designed to select qualified vendors to provide goods … Similarly, "[a]ll factors or criteria that will be used to evaluate proposals must be clearly set forth in the RFP," and "[t]he RFP shall clearly define all evaluation factors or criteria in order of importance, including

Sube v. City of Allentown

974 F. Supp. 2d 754 · District Court, E.D. Pennsylvania · Sep 27, 2013

Sube’s Second Amended Complaint clearly establishes that he was retaliated against unlawfully.” 49 The anti-retaliation provision of the ADA provides that [n]o person shall discriminate against any individual because such … Loudermill, 470 U.S. [532] at 542, 105 S.Ct. [1487] at 1493, 84 L.Ed.2d [494] at 504 [ (1985) ], clearly established that, absent extraordinary circumstances, certain employees were entitled to a hearing prior to termination