Case law

Quarles v. Lineberger

264 F. Supp. 2d 208 · District Court, E.D. Pennsylvania · May 6, 2003

Thus, the factual record establishes that the Court has no jurisdiction to hear this case. See Carpet Group Int’l v. … Thus, clearly, his second petition for PCRA relief was untimely unless it fell within one of the statutorily delineated exceptions. Ex. F. at 2-3.

ROHRBACH v. NVR, INC.

District Court, E.D. Pennsylvania · Mar 29, 2024

Shustack “as one of the most qualified and brightest at NVR.”9 During her deposition, Ms. Rohrbach recalled that “Mr. … Shustack was not, in fact, one of the “most qualified” project managers, NVR responds by citing Mr.

CMR D.N. Corp. v. City of Philadelphia

829 F. Supp. 2d 290 · District Court, E.D. Pennsylvania · Nov 4, 2011

KOZ status confers tax abatements at the state and local levels for qualified businesses that lease real property in the KOZ. … It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. 9 *299 Grayned v.

WILLIAMS v. SCHOOL DISTRICT OF PHILADELPHA

District Court, E.D. Pennsylvania · May 12, 2023

The District concedes that Williams is a member of a protected class and qualified for the position at issue—so the Court is left to decide whether he has established that he suffered an adverse employment action under … (Hr’g Tr. 7:2–12.)2 Because the process by which he was reassigned was clearly established, temporary and without any other change to his employment status, his reassignment was not so “serious and tangible” to constitute

DWIGHT v. KRASNER

District Court, E.D. Pennsylvania · May 9, 2025

In any event, even if he had named the City as a Defendant, Dwight has not clearly alleged a municipal policy or custom that led to a violation of his constitutional rights. … As the Commonwealth has not waived its Eleventh Amendment immunity for lawsuits filed in federal court, see 42 Pa. Cons. Stat. § 8521-22, it and its departments are immune from suits filed in federal court.

MCCRACKEN v. BLEI

District Court, E.D. Pennsylvania · Jan 26, 2022

Seeming to recognize the fact that these Defendants are private citizens and do not qualify as state actors for purposes of § 1983, McCracken asserts that these individuals conspired with a number of state actors, specifically … “The burden of establishing federal jurisdiction rests with the party asserting its existence.” Lincoln Ben. Life Co., 800 F.3d at 105 (citing DaimlerChrysler Corp. v.

EDWARDS v. RICE

District Court, E.D. Pennsylvania · Jun 8, 2022

Edwards has not established that she conducted an illegal search.” She has provided a sworn affidavit that she did not look into private areas of the property, and Mr. … Rice-Smith also argues that even if there was a violation, she is entitled to qualified immunity. The Court does not reach this arguinent because there is no dispute regarding whether a violation took place. H.

COLEMAN v. CHILDREN'S HOSPITAL OF PHILADELPHIA

District Court, E.D. Pennsylvania · Nov 8, 2023

To survive summary judgment, Plaintiff must first establish a prima facie case that: (1) she was disabled within the meaning of the ADA; (2) she was otherwise qualified for the job, with or without reasonable accommodations … Plaintiff’s FMLA retaliation claim fails because she has not established a causal relationship between her FMLA-qualifying leave and her termination.

PRATER v. AMERICAN HERITAGE FEDERAL CREDIT UNION

District Court, E.D. Pennsylvania · Dec 9, 2021

“To establish a prima facie case under the ECOA, a plaintiff must show that (1) she was a member of a protected class; (2) she applied for credit from the defendant; (3) she was qualified for the credit; and (4) despite … qualifying, she was denied credit.”

KIVETT v. NEOLPHARMA, INC.

District Court, E.D. Pennsylvania · Apr 21, 2022

Although Neolpharma did not sign any of the Lannett Agreements, the agreements do qualify as agreements between Neolpharma and Lannett because Neolpharma qualifies as Cediprof’s “Affiliate” under each of the Lannett … Ct. 2015) (burden to establish immunity under an exculpatory clause is on the party asserting it); , 182 A.3d 1011, 1027 (Pa. Super.

Mente Chevrolet Oldsmobile, Inc. v. Gmac

728 F. Supp. 2d 662 · District Court, E.D. Pennsylvania · Jul 23, 2010

Sabin, 452 Pa. 447 , 307 A.2d 845, 849 (1973) (“Clearly performance of that which one is already legally obligated to do is not consideration sufficient to support a valid agreement.”). … GMAC argues Woodward was not qualified to testify about out of trust dealerships. This Court qualified Woodward as an expert in automotive accounting and practices.

MILLS v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Mar 22, 2024

Moreover, there is sufficient evidence in the record to establish all three elements of “deliberate indifference.” … Third, such misconduct—falsely attesting to facts to justify probable cause—clearly deprives a citizen of their Fourth Amendment rights.

Halderman v. Pennhurst State School & Hospital

566 F. Supp. 185 · District Court, E.D. Pennsylvania · Jun 13, 1983

In order to qualify for 55% federal funding pursuant to the small ICF/MR program, a community facility must contain a minimum of four residents. … Nos. 1719, 1720, 1721 (filed December 29, 1982), and finds that the Hearing Master’s findings are not clearly erroneous. In fact the record before the Master is crystal clear.

KING DRUG COMPANY OF FLORENCE, INC. v. ABBOTT LABORATORIES

District Court, E.D. Pennsylvania · Mar 23, 2022

To prove its case, the FTC had to establish that: (1) the lawsuits filed by defendants against Teva and Perrigo were objectively baseless; (2) defendants subjectively intended to file such … The Court, however, noted that plaintiff had not received any relief, either injunctive, declaratory, or, because of defendants’ qualified immunity, equitable monetary relief.

In Re Philadelphia Rapid Transit Co.

8 F. Supp. 51 · District Court, E.D. Pennsylvania · Sep 19, 1934

His "good faith" from a moral and practical standpoint has been established by his course of conduct in the past and for which, as a public officer, he has received many commendations. … He has qualified as a petitioner under the act. Associated with him are two other persons, equally technically qualified. I cannot, therefore, hold that we would be justified in summarily ejecting him from this case.

Tax Matrix Technologies, LLC v. Wegmans Food Markets, Inc.

154 F. Supp. 3d 157 · District Court, E.D. Pennsylvania · Jan 7, 2016

The December 12 workpapers would not qualify as an “assessment” when the term is used-in the technical sense. … But these facts alone are not enough to establish that the parties agreed that this work fell within the scope of the Letter Agreement.

Kline v. Security Guards, Inc.

196 F.R.D. 261 · District Court, E.D. Pennsylvania · Aug 8, 2000

Rule 23(a)(4) requires that “the plaintiffs attorney must be qualified, experienced, and generally able to conduct the proposed litigation.” … Furthermore, the need to establish liability and damages with respect to each class member would require a detailed factual inquiry to establish the circumstances and surroundings of each class member.

SMITH NORTHAMPTON COUNTY

District Court, E.D. Pennsylvania · Feb 3, 2023

Defendants also argue that the individual defendants are entitled to qualified immunity. … Defendants also argue that the individual defendants are entitled to qualified immunity. The Court addresses first Defendants’ position that they “did not take physical or legal custody of the child.” Def.

Goldstein v. Regal Crest, Inc.

62 F.R.D. 571 · District Court, E.D. Pennsylvania · Mar 26, 1974

The complaint before us wholly lacks allegations of fact necessary to establish a claim under Rule 10b-6. … When the plaintiff’s claim relies on documentation, predominance is more easily established.

The Vizcaya

63 F. Supp. 898 · District Court, E.D. Pennsylvania · Dec 11, 1945

The respondent, although steadfastly maintaining that the libellants have the burden of establishing good order and condition at the time of receipt by the Vizcaya, has nevertheless gone forward to show bad order and condition … That weather clearly does not amount to a “peril of the sea.” The Mauretania, supra; The Emilia, D.C.S.D.N.Y., 13 F.Supp. 7 , 1936 A.M.C. 22 ; and see, The Indien, supra.