Case law

BRANCH v. TEMPLE UNIVERSITY

District Court, E.D. Pennsylvania · Jul 7, 2021

The Third Circuit has a liberal standard of qualifying experts. In Re Paoli, 35 F.3d at 741; Elcock, 233 F.3d at 742. … An expert can be qualified based on a broad range of knowledge, skills, training, and experience. In Re Paoli, 35 F.3d at 741.

Leslie v. Philadelphia 1976 Bicentennial Corp.

343 F. Supp. 768 · District Court, E.D. Pennsylvania · May 25, 1972

The role of the Coordinator of Community Development was clearly portrayed for Leslie during those interviews. … However, McLean and Supplee felt that it was too early for such action, that Leslie was qualified for the work, and that there would be correction of any errors of judgment.

OGONTZ FIRE COMPANY v. CHELTENHAM TOWNSHIP

District Court, E.D. Pennsylvania · Mar 14, 2024

vacancy as an external candidate, he was notified on or about December 8, 2020 that the Fire Board had denied the transfer request.35 The Complaint states that the LaMott Deputy Chief was highly experienced, “eminently qualified … Therefore, the Township and the BOC are immune from liability and the state-law negligence claim will be dismissed.331 2.

HESTER-CARRILLO v. COMMONWEALTH OF PENNSYLVANIA

District Court, E.D. Pennsylvania · Sep 29, 2023

The litigant seeking to proceed in forma pauperis must establish that the litigant is unable to pay the costs of suit. See Walker v. … The Commonwealth of Pennsylvania has not waived that immunity. See 42 Pa.

Wawrzynek v. Statprobe, Inc.

422 F. Supp. 2d 474 · District Court, E.D. Pennsylvania · Sep 2, 2005

These cases are not applicable to this situation because liability insurance contracts clearly “intend” for the insurer to pay a third party some obligation due by the insured. … While these precise terms are not explicitly mentioned in the Complaint, the Complaint clearly alleges facts that would support such theories.

MELENDEZ v. PENN INTERNAL MEDICINE

District Court, E.D. Pennsylvania · Dec 11, 2023

To establish a prima facie case, Melendez must show: (1) she belongs to a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4) the circumstances surrounding the … A Melendez, a Hispanic woman qualified for the position, cannot establish the prima facie case because (1) she did not suffer an adverse employment action, but rather resigned

BIEC International, Inc. v. Global Steel Services, Ltd.

791 F. Supp. 489 · District Court, E.D. Pennsylvania · May 5, 1992

Accordingly, the public interest clearly favors the protection of the GALVALUME trademark and the BIEC logo. … BIEC has established a likelihood of success in proving that its technology, operating, marketing, and equipment manuals as well as the InterZAC, PacZAC, and OpZAC materials qualify as legally protected trade secrets. 10.

Carter P. v. Pook & Pook, LLC.

158 F. Supp. 3d 271 · District Court, E.D. Pennsylvania · Jan 27, 2016

The Bankruptcy Code establishes the office of trustee and defines the trustees’ duties,. … I find that Lowe is correct when he asserts that the Article does not qualify as “commercial advertising or promotion.”

MCCROREY v. PHILADELPHIA POLICE DEPARTMENT

District Court, E.D. Pennsylvania · Aug 2, 2023

Even when DROP extensions are formally authorized, individual approval is clearly limited based on ability to work. Id. at 183, 186. … is essential to establishing causation.

In re Blood Reagents Antitrust Litigation

283 F.R.D. 222 · District Court, E.D. Pennsylvania · Aug 22, 2012

The Court concludes that plaintiffs’ counsel are “qualified, experienced, and generally able to conduct the proposed litigation.” … Clearly, the fact that prices rose does not, in and of itself, demonstrate antitrust impact—at trial, plaintiffs will need to show that they experienced price increases that resulted from anticompetitive conduct.

C. v. FOUNDATIONS BEHAVIORAL HEALTH

District Court, E.D. Pennsylvania · Dec 7, 2023

First, they argue that they all are “entitled to immunity”under Pennsylvania’s Mental Health Procedures Act, 50 Pa C.S. §7101, et seq.(“MHPA”). … ESAB Grp., Inc., 623 F.3d 212, 215 n.2 (3d Cir. 2010), covered persons are immune from liability for mere negligence.

Canters Deli Las Vegas LLC v. Banc of America Merchant Services, LLC

District Court, E.D. Pennsylvania · May 14, 2020

First and foremost, § 6.1 does not render Defendant immune from suit. … Plaintiffs’ negligence claim is clearly barred by the gist of the action doctrine.

Kelly v. Johns-Manville Corp.

590 F. Supp. 1089 · District Court, E.D. Pennsylvania · Aug 7, 1984

April’s letter does not qualify as an affidavit. Moreover, defendants have not authenticated Mr. April’s letter with Mr. April’s affidavit or some substitute affidavit. … First, Judge Weiner, in conjunction with counsel, has established a fairly routinized and enormously successful process for negotiating settlements in these actions.

Mallory v. S & S Publishers

168 F. Supp. 3d 760 · District Court, E.D. Pennsylvania · Mar 10, 2016

The Pennsylvania Supreme Court has stated: [W]ords which standing alone may reasonably be understood as defamatory may be so explained or qualified by their context as to make such an interpretation unreasonable. … As to Mallory’s claim that this passage portrays her as only interested in Mailer for his money, the portions of the paragraph that Mallory failed to reproduce in the FAC clearly describe hér love for him, and especially

Pennsylvania v. Trump

351 F. Supp. 3d 791 · District Court, E.D. Pennsylvania · Jan 14, 2019

V ; and, (5) they violate the Establishment Clause, U.S. Const. amend. … Sidamon-Eristoff , 669 F.3d 374 , 388 (3d Cir. 2012) (holding that a preliminary injunction is appropriate where a movant could not recover damages from a State due to sovereign immunity).

GAHAGAN v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Nov 7, 2022

As such, Plaintiff cannot establish that the dismissal of the charges constitutes a favorable termination.3 B. … City of Pittsburgh, 3 Officer Cujdik also contends that he is entitled to qualified immunity on the § 1983 claims against him.

Marchio v. Letterlough

237 F. Supp. 2d 580 · District Court, E.D. Pennsylvania · Jan 15, 2003

However, he felt uncomfortable with Marchio’s recent conduct towards him, and clearly, at this time, has greater confidence in Marley acting in his interest, and Marley is, indeed, currently the manager of Letter-lough. … Plaintiff, who had expended effort and money in developing defendant as a boxer, contended that defendant was not qualified to fight the scheduled opponent and that such fight would be detrimental to defendant’s ca *589 reer

In Re Radian Securities Litigation

612 F. Supp. 2d 594 · District Court, E.D. Pennsylvania · Apr 9, 2009

First, it states that C-BASS began to experience an increase in early payment defaults by borrowers, indicating that the borrowers of the loans purchased by C-BASS had not been properly qualified. … We feel good about C-BASS’s prospects for 2007, although there is clearly some uncertainty around these expectations. Id. ¶ 132.

ITT Industries, Inc. v. Pacific Employers Insurance

427 F. Supp. 2d 552 · District Court, E.D. Pennsylvania · Apr 13, 2006

virtually unflagging obligation” to exercise its jurisdiction, and may only decline to exercise or postpone this jurisdiction “in the exceptional circumstances where the order to the parties to repair to the state court would clearly … Further, the court stated that district courts “should give serious consideration to the fact that they do not establish state law, but are limited to predicting it.” Id.

United States v. Merlino

2 F. Supp. 2d 647 · District Court, E.D. Pennsylvania · Sep 17, 1997

Whether or not to make a motion is clearly an “attorney decision.” See Weatherwax II, 77 F.3d at 1435 . Hence, Mr. … He invoked the Fifth Amendment and broached the possibility of receiving immunity.