Case law

Cradle of Liberty Council, Inc. v. City of Philadelphia

851 F. Supp. 2d 936 · District Court, E.D. Pennsylvania · Mar 21, 2012

My position is that the fair practices ordinance establishes a standard of nondiscriminatory conduct. … Whether the Jury Interrogatories and Instructions Relating to the Unconstitutional Conditions Claim Were Clearly Erroneous 1.

Kocher v. Wilkie

District Court, E.D. Pennsylvania · Dec 22, 2022

The VA concedes that she was qualified for her job as Patient Safety Manager. … What qualifies as an adverse employment action is broader than the statutory definition.

VERTICELLI v. COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · May 15, 2025

Pierce, 612 F.2d 754, 763 (3d Cir. 1979) (deliberate indifference is actionable “when inmates with serious mental ills are effectively prevented from being diagnosed and treated by qualified professionals”). … The timing of the allegedly retaliatory behavior relative to the constitutionally protected conduct may establish a causal link between the two for purposes of establishing motivation.

KURI v. MERIDIAN BANK

District Court, E.D. Pennsylvania · Jan 19, 2023

Defendants contend that Kuri has failed to establish a prima facie case for an ADA violation because he has not adduced evidence to establish that his hip condition is a disability recognized … Likewise, defendants cannot be said to have violated the bank’s progressive discipline policy since the policy clearly allowed for his termination.

Merchant & Evans, Inc. v. Roosevelt Building Products Co.

774 F. Supp. 1467 · District Court, E.D. Pennsylvania · Oct 4, 1991

Under § 43(a) of the Lanham Act the design features of a useful article may qualify for trade dress protection. 15 U.S.C. § 1125 (a). Protection of trade dress serves two competing interests. … The drawing referenced in this passage appears below: This drawing and the associated text clearly indicate that the patent does not ascribe a function to the unique Merchant & Evans trade dress, but rather refers to the

WHITE v. MASSINI

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

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Sharkey, the United States Court of Appeals for the Third Circuit concluded that an immigration detainee, who is entitled to the same due process protections as pretrial detainees, had a clearly established right “not to

HENRY v. SCHOOL DISTRICT OF PHILADELPHIA

District Court, E.D. Pennsylvania · Sep 6, 2019

not allege any facts establishing that S.J.K.H. was bullied because of her race. (Id. at 26–27.) … Turning to Plaintiffs’ Title IX claims (Counts I and VI), Plaintiffs argue that the Complaint states a hostile educational environment claim based on student-on-student harassment because the District’s actions were clearly

Ungar v. Dunkin' Donuts of America, Inc.

68 F.R.D. 65 · District Court, E.D. Pennsylvania · Mar 12, 1975

Rather, many of the clauses were quite clearly detrimental to their interests, and they alleged that they had continually objected to them. … And then Bobby Rosenberg came down and said that I wasn’t qualified to open —to have another franchise.” (Pallan-tios dep. at 62).

Platt v. Burroughs Corp.

424 F. Supp. 1329 · District Court, E.D. Pennsylvania · Dec 22, 1976

of Employee and Industrial Relations, when the position did become open the defendant passed over the plaintiff and, without notice to him of the pending openings in this position, placed younger men, who were no better qualified … It is certainly not because the statute as drafted and passed so clearly provides for recovery of damages based upon pain and suffering, that reasonable persons, including legally trained individuals, could not disagree on

Velez v. QVC, Inc.

227 F. Supp. 2d 384 · District Court, E.D. Pennsylvania · Oct 30, 2002

Viewing the evidence in the light most favorable to the plaintiffs, the court finds that plaintiffs have established that they are members of a protected class, that they are qualified for the day time assignments, that they … Plaintiffs claim that they were as qualified as non-members of the protected class whose contracts were renewed.

Keiser v. Bell

332 F. Supp. 608 · District Court, E.D. Pennsylvania · Aug 19, 1971

Further, I find that plaintiff has not met his burden in establishing “[a] substantial claim of unconstitutionally” 4 to require the convening of a three-judge district court, and thus his request for a three-judge court … The Court in Mallett concluded that the challenged statute “ * * * did not deprive the accused of any substantial right or immunity possessed by them [sic] at the time of the commission of the offense charged.”

Good v. Nationwide Credit, Inc.

314 F.R.D. 141 · District Court, E.D. Pennsylvania · Mar 14, 2016

Adequacy of Class Counsel Here, Plaintiffs’ counsel has substantial experience in consumer class action litigation and is therefore well qualified to represent the class. … The Court finds that the Notice was clearly designed to and did advise the Class Members of their rights. 8.

WILLIAMS v. KRASNER

District Court, E.D. Pennsylvania · Sep 19, 2022

. § 1915A(b)(1), or that “seeks monetary relief from a defendant who is immune from such relief,” id. § 1915A(b)(2). … App’x 681, 687 (3d Cir. 2011) (“No Pennsylvania statute establishes, and no Pennsylvania court has recognized, a private cause of action for damages under the Pennsylvania Constitution.”).

Apotex, Inc. v. Cephalon, Inc.

321 F.R.D. 220 · District Court, E.D. Pennsylvania · May 19, 2017

The burden is on the party offering the evidence to establish admissibility by a preponderance of the evidence. Padillas v. … This requirement is interpreted liberally, as “a broad range of knowledge, skills, and training qualify an expert.” Schneider, 320 F.3d at 404 .

PUMBA v. SAL MADRID

District Court, E.D. Pennsylvania · Apr 29, 2022

The litigant seeking to proceed in forma pauperis must establish that the litigant is unable to pay the costs of suit. See Walker v. … Claims Against Director Donate and Sergeant Gonzalez Unfortunately, Pumba does not clearly state the basis for his claims against Director Donate and Sergeant Gonzalez in the complaint.

Brown & Brown, Inc. v. Cola

745 F. Supp. 2d 588 · District Court, E.D. Pennsylvania · Oct 4, 2010

Clearly, this claim is subsumed by Plaintiffs’ *622 breach of contract claim. … Plaintiffs' claims against Tola are not clearly frivolous 6 .

Sun Co. v. Badger Design & Constructors, Inc.

939 F. Supp. 365 · District Court, E.D. Pennsylvania · Feb 5, 1996

care in the performance of [the Contract], (b) provide competent engineering services, (c) provide competent construction and project management services, (d) minimize, if not eliminate design errors, (e) send two highly qualified … The district court can grant a Rule 12(b)(1) motion when the claim clearly appears to be immaterial and made solely for the basis of obtaining jurisdiction or is wholly unsubstantial and frivolous.

ZUBER v. SORBER

District Court, E.D. Pennsylvania · Apr 21, 2023

This is because participation in the grievance process does not, without more, establish involvement in the B. … June 23, 2006) (“Indeed, telephone and visitation contacts do not qualify as minimal life’s necessities, such as adequate food, clothing, shelter, sanitation, medical care and personal safety.”).

HERNANDEZ v. NEWREZ LLC

District Court, E.D. Pennsylvania · Mar 8, 2024

A fail-safe class is “one that is defined so that whether a person qualifies as a member depends on whether the person has a valid claim.” Byrd v. … Membership in the proposed class includes those “who were harmed, within the statutory limits prescribed by 15 U.S.C. § 1681p of the FCRA,” which provides for federal-court jurisdiction over FCRA actions and establishes

Lincoln Benefit Life Co. v. Bowman

221 F. Supp. 3d 617 · District Court, E.D. Pennsylvania · Oct 20, 2016

It must establish that the misrepresentation was material. … Godlewski’s responses to the questions about his travel plans were clearly not a misrepresentation and are not material.