Case law

PUMBA v. Madrid

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

frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief”). … Yet, he fails to clearly state the basis for his claims against these defendants. In this regard, there are no allegations at all about Deputy McFadden and no grievances involving him are attached to the complaint.

Hawk Valley, Inc. v. Taylor

301 F.R.D. 169 · District Court, E.D. Pennsylvania · Mar 31, 2014

Adequacy Adequacy is satisfied by showing that (1) class counsel is competent and qualified to conduct the litigation; and (2) class representatives have no conflicts of interests. … Rather, the Ohio intermediate appellate court concluding that “[wjhether we apply the [FCC] rules extant from the time of the TCPA or look to the law as established by the JFPA, an established business exception to the junk

LEECK v. LEHIGH VALLEY HEALTH NETWORK

District Court, E.D. Pennsylvania · Jun 23, 2023

the mandated vaccines have “not been FDA approved”; that Lehigh’s actions “do not align . . . with the morals, beliefs, and guidance of my own personally-held beliefs, morals, and spiritual guidance”; that “my natural immunity … qualifies for the exemption.”

URBAN v. ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY

District Court, E.D. Pennsylvania · Oct 13, 2021

This language is consistent with the standard established in the MVFRL: (c) Underinsured motorist coverage. … Urban’s statements clearly explain that the 2016 Forest River was not “self-propelled” as required to be considered a “motor vehicle” under the Pennsylvania Vehicle Code.

Romero v. Allstate Insurance

52 F. Supp. 3d 715 · District Court, E.D. Pennsylvania · Oct 6, 2014

In the present case, Professor Redish’s Declaration clearly violates the foregoing principles. … Allstate, on the other hand, clearly identifies unique deviations among several states that would require unique jury instructions for each particular state.

Gordon v. East Goshen Township

592 F. Supp. 2d 828 · District Court, E.D. Pennsylvania · Jan 13, 2009

Applying the Remed court’s definition of coercive and remedial state-court suits, the state-court proceedings in the instant case are clearly remedial. … The standard established by the Supreme Court is referred to as the “exceptional circumstances test.”

Zenith Radio Corp. v. Matsushita Electric Industrial Co.

478 F. Supp. 889 · District Court, E.D. Pennsylvania · Sep 14, 1979

The practice of submitting documentary evidence to juries was, at the time, already long-established. … Nyquist, 413 U.S. 756 , 93 S.Ct. 2955 , 37 L.Ed.2d 948 (1973), the Court enumerated the three factors relevant in determining whether a government program violates the establishment clause: “[T]o pass muster under the Establishment

In Re Lower Merion Township Fire Department Labor Standards Litigation

972 F. Supp. 315 · District Court, E.D. Pennsylvania · Aug 5, 1997

The court believes that it is appropriate to use the analysis developed in NLRA cases to determine when an organization qualifies as a "political subdivision” under the FLSA so as to be relieved of certain obligations. … The exemption under the FLSA, therefore, is clearly broader than the exemption under the NLRA.

Guinan v. A.I. Dupont Hospital for Children

597 F. Supp. 2d 517 · District Court, E.D. Pennsylvania · Feb 6, 2009

Clearly, her future is unknown and relies upon the physicians at [CHOP] to continue in their attempts to manage this unknown and unapproved device implanted in [Plaintiffs] heart. (See, e.g., Doc. … These recommendations should indicate that the patients seek a qualified, unbiased physician with expertise in pediatric cardiovascular surgery, pediatric cardiology, adult cardiovascular surgery, or adult cardiology, depending

Lozada v. Barnhart

331 F. Supp. 2d 325 · District Court, E.D. Pennsylvania · Jul 27, 2004

Establishing Eligibility for SSI In order to qualify for SSI, a claimant must show that he suffers from a disability as under the Social Security Act, which defines “disability” as: *329 inability to engage in any substantial … Cooper’s progress notes (which were clearly considered and discussed by the ALJ), this portion of Plaintiff's objection is unfounded. 15 .

PICKNEY v. MODIS, INC.

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

To establish a prima facie case of disability discrimination, Pickney must allege facts showing he (1) is disabled within the meaning of the ADA; (2) “is otherwise qualified to perform the essential functions of the job … Villanova University to establish joint employment liability under the ADA.”); cf. Plaso v. IJKG, LLC, 553 F.

BRUCE v. THE WEDGE MEDICAL CENTER INC

District Court, E.D. Pennsylvania · Aug 11, 2021

the plaintiff engage in a “protected activity,” and viewed in the light most favorable to Bruce the sexual harassment complaint he lodged against his supervisor based on a single comment made in a group setting does not qualify … It wasn’t first investigated by HR as the Wedge policy clearly states. Pl. Resp., Ex. B at 108.

URENA v. LA FITNESS

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

Clearly, a clause between a private party and a fitness facility does not involve a matter of interest to the public or the state. Therefore, the first prong of the test set forth above is met. … Therefore, the waiver in question is enforceable and Defendant has established its immunity from this negligence suit based on the language of the exculpatory clause.

United States v. Pelullo

895 F. Supp. 718 · District Court, E.D. Pennsylvania · Aug 11, 1995

The result of this would be to grant immunity to a defendant for any prior admission. … Defendant is simply on a fishing expedition in the hope of uncovering some fact about the Juror that would deem her not qualified under 28 U.S.C. § 1865 .

PACHECO-FIGUEROA v. United States

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

. § 1346(b)(1).5 However, there are several exceptions to that limited waiver of sovereign immunity. … Pacheco-Figueroa’s medical care are not immunized by the discretionary function exception. Mr.

Rorrer v. Cleveland Steel Container

712 F. Supp. 2d 422 · District Court, E.D. Pennsylvania · Apr 28, 2010

[T]o the extent that a supervisor does not have a mandate generally to regulate the work-place environment, that supervisor does not qualify as management level.” Id. … Further, *435 in Huston the court found that Plaintiff clearly understood the companies hierarchy and the differing duties of employees and managers. Id. at 109 .

GROFF v. DEJOY

District Court, E.D. Pennsylvania · Apr 6, 2021

Prima Facie Case To establish a prima facie case, the plaintiff must show: 1) he is a member of a protected class; 2) he is qualified for the position; 3) he suffered an adverse … Defendant admits that Groff can establish that he is a member of a protected class and is qualified for the position as issue. (ECF No. 36, p. 15.)

LAMB v. PENNSYLVANIA CVS PHARMACY L.L.C.

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

Defendant has presently moved for dismissal of Plaintiff’s NIED Claim, arguing that this alleged breach is insufficient to warrant a NIED claim because there was not an established special duty between the parties. … Though clearly Defendant has not provided Plaintiff an explanation of what happened to her VHS tapes, Plaintiff has failed to state with any particularity how this non-disclosure, or a simple answer of “I do not know,”

CORTEZ v. BERKS COUNTY SHIEFFS OFFICE

District Court, E.D. Pennsylvania · Aug 25, 2021

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 … “Policy is made when a decisionmaker possess[ing] final authority to establish municipal policy with respect to the action issues an official proclamation, policy, or edict.” Estate of Roman v.

Ziggity Systems, Inc. v. Val Watering Systems

769 F. Supp. 752 · District Court, E.D. Pennsylvania · Nov 14, 1990

Once the success of the Ziggity nipple drinker was clearly established, defendants began producing their own nipple drinker in 1983. See Trial Transcript 2/21/90 at page 185, lines 17-20. … The opinion testimony of qualified experts; 15.