Case law

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

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

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

Dunn v. H. K. Porter Co.

78 F.R.D. 41 · District Court, E.D. Pennsylvania · Nov 17, 1977

Porter, qualified for benefits when they would have reached 65 and who were not receiving pensions as of January 1, 1976. . … Counsel for plaintiffs have argued that 20% should also establish the fee measure for the unrepresented class members.

WENDY ARIANA SPENCE v. YEADON BOROUGH

District Court, E.D. Pennsylvania · Sep 9, 2024

To that end, the statute was intended to “establish and maintain an effective and efficient emergency medical services system which is accessible on a uniform basis to residents . . . and to visitors.” … Id. §§ 8151(1), (2), (3), (5); see also id. §§ 8151(6)–(8) (providing full immunity from civil liability in specific circumstances).

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

Nicole K. by & Through Peter K. v. Upper Perkiomen School District

964 F. Supp. 931 · District Court, E.D. Pennsylvania · May 22, 1997

It is well-established that Title IX is enforceable through an implied private right of action. Cannon v. University of Chicago, 441 U.S. 677, 709 , 99 S.Ct. 1946, 1964 , 60 L.Ed.2d 560 (1979). … In practice, only termination from government employment clearly meets the standard. Id. at 701 , 96 S.Ct. at 1160-61 ; Campbell v.

Parents United for Better Schools, Inc. v. School District of Philadelphia Board of Education

978 F. Supp. 197 · District Court, E.D. Pennsylvania · Sep 12, 1997

Clearly, the school teacher in that situation could not have relied on the legislature’s and the State Board’s grant of educational authority to the local school district. … Similarly, if they object to required immunizations, they must put their objections in writing. 28 Pa.Code § 23.84(b). Such requirements do not rise to the level of coercion.

In Re Flonase Antitrust Litigation

798 F. Supp. 2d 619 · District Court, E.D. Pennsylvania · Jul 14, 2011

USA Petroleum Co., 495 U.S. 328, 334 , 110 S.Ct. 1884 , 109 L.Ed.2d 333 (1990) ("[An] injury, although causally related to an antitrust violation, nevertheless will not qualify as an `antitrust injury' unless it is attributable … Exxon Mobil Corp., 471 F.Supp.2d 20, 37 (D.D.C. 2007) ("When government action is the source of an alleged antitrust violation, the private party is immune because `the intervening government action breaks the causal chain

Bosche v. Secretary of Health, Education & Welfare

326 F. Supp. 733 · District Court, E.D. Pennsylvania · Apr 23, 1971

Their opinions and conclusions clearly demonstrate that the plaintiff is not able to perform substantial, gainful employment or activity. The reports and the conclusions of Dr. Kazlauskas and Dr. … (P. 60) Thus, the testimony of the vocational expert, based, as it is, upon assumed facts not supported by the record, does not establish the availability of employment for which the plaintiff is qualified and which he can

EASTERLING v. COUNTY OF DELAWARE

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

To establish an FMLA retaliation claim, the plaintiff must show that: (1) he invoked his right to FMLA-qualifying leave; (2) he suffered an adverse employment action; and (3) the adverse … There is ample evidence in the record that plaintiff clearly explained his reason for working at most twelve hours consecutively.

BLOOM v. MEDICAL DEPOT, INC.

District Court, E.D. Pennsylvania · Sep 30, 2025

Pa. 2010) (“The burden is on the proponent of the evidence—here the plaintiff—to establish admissibility by a preponderance of the evidence.”). … , and sufficiently and clearly explicates his conclusions and the bases for his opinions such that this Court can judge the reliability of his opinions.

Rothensies ex rel. United States v. Schoettle Co.

46 F. Supp. 348 · District Court, E.D. Pennsylvania · Aug 29, 1939

Great American Indemnity Company clearly overruled the decision in the Greene County case. Mr. … : ‘We willingly join with our sister states in their conclusion on this subject, especially as the Legislature by the Act of June 23, 1931, P.L. 1181 (8 P.S. §§ 146 and note, 147, 148), has now established our public policy

ROSE, JR. v. GUANOWSKY

District Court, E.D. Pennsylvania · Nov 17, 2021

Guanowsky “threatened” that if Rose exercised his First Amendment Rights by “contacting a White Man for help then the ‘N[*&&$^]’ man should be arrested for harassment when this retarded Defendant knows full well his remarks clearly … The Supreme Court has made clear that “a private entity may qualify as a state actor when it exercises ‘powers traditionally exclusively reserved to the state.’” See Manhattan Cmty. Access Corp. v. Halleck, 139 S.

Lehigh Valley Farmers v. Block

640 F. Supp. 1497 · District Court, E.D. Pennsylvania · Jul 17, 1986

API is also a federation of cooperatives, qualified under the Capper Volstead Act, 7 U.S.C. § 608b, as is Pennmarva. … In reversing the district court and sustaining the Secretary’s proposed Order, the Fourth Circuit stated it had been clearly established “That milk-wise the City and the counties have a community interest”, and that the plaintiffs

BROWN v. BRITTAIN

District Court, E.D. Pennsylvania · May 20, 2024

To establish the doctrine of equitable tolling, a litigant bears the burden of establishing two elements: “‘(1) that he has been pursuing his rights diligently, and (2) that some extraordinary circumstance stood in his … McQuiggin “establishes an exception to the statute of limitations, even where a petitioner may not qualify for an extension to the statute of limitations via equitable tolling.”

LLOYD v. MANBEL DEVCO I LP

District Court, E.D. Pennsylvania · Mar 4, 2025

To establish a violation of the Rehabilitation Act, a plaintiff must prove that she is (1) a ‘handicapped individual’ under the Act, (2) is ‘otherwise qualified’ for participation in the program, (3) was excluded from the … The law firm defendants here are immune. Even if they were not immune, Lloyd fails to state a claim for several reasons.

O'ROURKE v. COUNTY OF DELAWARE

District Court, E.D. Pennsylvania · Feb 5, 2020

D’Amico hired a 29-year-old woman “objectively less qualified.” Jd Ms. O’Rourke did not formally apply for the position. … Schleier, 515 U.S. 323, 336 (1995) (“Monetary remedies under the ADEA are limited to back wages, which are clearly of an ‘economic character,’ and liquidated damages, which we have already noted serve no compensatory function

United States v. Kensington Hospital

760 F. Supp. 1120 · District Court, E.D. Pennsylvania · Mar 13, 1991

They both argue that nothing in the original complaint alleges facts that could establish that either submitted any false claim to the government. … I do not share the defendants’ confidence that the evidence would so clearly establish that the responsible government officials possessed the material facts on November 4, 1986.

ZEHRING v. SORBER

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

Mar. 28, 2017) (“A single temporary inconvenience does not qualify as adverse.” (citations omitted)). … antagonism coupled with timing to establish a causal link.”