Case law

Kerrigan v. Villei

22 F. Supp. 2d 419 · District Court, E.D. Pennsylvania · Sep 15, 1998

Moreover, I conclude that the evidence did not establish that the third party defendants negligently misrepresented information to Villei. … Indeed, the summary sheet of the transaction sent from Taubman to Villei clearly revealed that the transaction was to involve prime bank guarantees.

Sanford v. Bracewell & Guiliani, LLP

6 F. Supp. 3d 568 · District Court, E.D. Pennsylvania · Mar 20, 2014

Sanford argue that because they lack legal training, they do not qualify as sophisticated clients and could not be expected to understand the fee agreement and arbitration clause. See Doc. No. 16 ("[Mr. … The Engagement Letter clearly noted that it contained a binding arbitration provision.

O'BRIEN v. DEPARTMENT OF JUSTICE

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

The FBI identified which informants fell into the first category by “locat[ing] positive indicators they were official, established FBI informants.” … FBI, 208 F.3d 461, 464 (4th Cir. 2000) (requester’s purpose of establishing his innocence is not a “FOIA-cognizable public interest”); Burge v.

De Camara v. BRYN MAWR COLLEGE

District Court, E.D. Pennsylvania · Sep 26, 2025

The Students do not plead an iPad and an Apple Pencil qualify as an auxiliary aid under Title III. … Few of our colleagues have interpreted what devices beyond the provided examples qualify as personal devices.

FORD v. SAUL

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

for DIB, claimants must establish their condition became fully disabling before their DLI. 20 C.F.R. §§ 404.130, 404.132; see also Jakubowski v. … To be entitled to relief, Ford must show “the statutory provision [] clearly cause[d] harm,” not Saul himself. Collins, 141 S. Ct. at 1789.

Samoff v. Building & Construction Trades Council

346 F. Supp. 1071 · District Court, E.D. Pennsylvania · Jul 7, 1972

concerning representation cannot appropriately be raised, or where the employees within the preceding twelve months have made known their views concerning representation, both the employer and the employees are entitled to immunity … These facts clearly distinguish Operating Engineers from the present case where the record supports the Council’s conclusion that it is in no position to (and has no intention of) seeking representative status.

HEATH v. COMMISSIONER OF SOCIAL SECURITY

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

Clearly, spinal degeneration does not repair itself; it could only progress in the years between 2016 and the ALJ’s 2022 decision. … F.3d 422, 433: “When the record contains evidence of a mental impairment, the [Commissioner] cannot determine that the claimant is not under a disability without first making every reasonable effort to ensure that a qualified

Burlington v. News Corp.

55 F. Supp. 3d 723 · District Court, E.D. Pennsylvania · Oct 24, 2014

Vance answered the question of who qualifies as a “supervisor” for purposes of harassment claims under Title VII. … Rather, Evans clearly was “an actor in the events that are the subject of’ this action. Staub, 131 S.Ct. at 1193.

Rena C. v. Colonial School District

221 F. Supp. 3d 634 · District Court, E.D. Pennsylvania · Dec 20, 2016

In that case, the parents were clearly on notice that the private school was only a temporary placement. … Had Rena accepted Colonial’s offer without having it incorporated in a consent order, Colonial could have argued that she did not qualify as a prevailing party because the settlement lacked judicial or administrative approval

Luminent Mortgage Capital, Inc. v. Merrill Lynch & Co.

652 F. Supp. 2d 576 · District Court, E.D. Pennsylvania · Aug 20, 2009

June 15, 1998) (“Gustafson clearly states that Section 12(2) does not apply to private sales of securities.”). … Thus, Defendants’ private sales do not qualify for liability under § 12(a)(2) of the Securities Act.

United States ex rel. Wheeler v. Williamson

28 F. Cas. 686 · District Court, E.D. Pennsylvania · Oct 12, 1855

It was clearly in proof that the negroes had been removed by persons acting under his counsel, in his presence. and with his co-operation: his return to the writ denied that they had ever been within his possession, custody … Everything in and about the constitution implies it, It is found in the object, “to establish a more perfect union,” in the denial to the states of the power to lay duties on imports, and .in the reservation to congress of

J.D. v. THE PENNSYLVANIA VIRTUAL CHARTER SCHOOL

District Court, E.D. Pennsylvania · Nov 30, 2020

Lastly, the NOREP clearly stated that the educational placement recommended for J.D. is an approved private school. (Id.) … As PA Virtual correctly notes, and as established by Ms.

American Cellular Network Co., LLC v. Upper Dublin Township

203 F. Supp. 2d 383 · District Court, E.D. Pennsylvania · May 20, 2002

The record before the Court shows that all six providers tested by Hettler clearly have some service in Maple Glen. … See Ho-Ho-Kus, 197 F.3d at 70 n. 2 ("There may be any number of factors that a reviewing court may find it necessary to consider when determining whether a significant gap exists. 11 .Hettler is qualified to testify on this

Costello v. Daddario

710 F. Supp. 1035 · District Court, E.D. Pennsylvania · Apr 12, 1989

Cohen was not qualified as an expert to address plaintiff Caponigro’s skull fracture, and that he never even examined plaintiff Caponigro. … Temple Hosp., 790 F.2d 342 (3d Cir.1986) (finding initiation of suit not vexatious, but continuation of it after defendant’s filing of a summary judgment motion that clearly established the action's untimeliness was).

Tanya Williams v. American Heritage Credit Union

District Court, E.D. Pennsylvania · Aug 17, 2026

Defendant argues that Plaintiff cannot establish a prima facie failure to promote claim because she cannot establish that there was an available VP position for which she applied and was qualified. … In order to establish a prima facie case of discrimination a plaintiff must demonstrate the following: (1) the plaintiff “is a member of a protected class,” (2) the plaintiff was “qualified for the position,” (3) the

COLEMAN v. COMMUNITY BEHAVIORAL HEALTH

District Court, E.D. Pennsylvania · Jan 6, 2022

qualified for the position, (3) she is subject to an adverse employment action, and (4) the circumstances support an inference of discrimination. … Coleman engaged in protected activity, her termination, which is clearly an adverse action, must also be causally linked to the protected activity.

CHOUINARD v. PERFECTION SNACKS

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

Defendants contend that under the circumstances, he does not qualify for coverage under the FLSA. … Chouinard is clearly exempted from the FLSA because he worked exclusively in Canada and because he was an outside sales employee.

DOVER v. TALLARICO

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

The litigant seeking to proceed in forma pauperis must establish that the litigant is unable to pay the costs of suit. See Walker v. … These allegations clearly demonstrate that Dover knew or had reason to know of the injury that constitutes the basis of these claims more than two years before he filed this lawsuit on May 26, 2021.

Philadelphia Police & Fire Ass'n for Handicapped Children, Inc. v. City of Philadelphia

699 F. Supp. 1106 · District Court, E.D. Pennsylvania · Nov 17, 1988

Defendants herein have jointly established a system to deliver essential habilitative services to the mentally retarded as provided for by state law. … It was clearly arbitrary and not an exercise of rational judgment. The Court is aware that the administration of a large social services program is not an easy task.

Lindy Bros. Builders, Inc. v. American Radiator & Standard Sanitary Corp.

341 F. Supp. 1077 · District Court, E.D. Pennsylvania · Apr 28, 1972

Accordingly, such a means of equalizing fees is clearly unacceptable. … Quite clearly, the record here lends no support for such an excessive request. Most of Mr.