Case law

Kimbrough v. Holiday Inn

478 F. Supp. 566 · District Court, E.D. Pennsylvania · Jul 31, 1979

. § 2071 : The Supreme Court and all courts established by Act of Congress may from time to time prescribe rules for the conduct of their business. … Clearly administrative agencies with similar adjudicative responsibilities as the arbitration board have long been recognized as not only proper but essential to the functioning of an efficient judicial system.

Vecchione v. Wohlgemuth

481 F. Supp. 776 · District Court, E.D. Pennsylvania · Dec 11, 1979

However, in those three years he had already established himself as an expert in the field of mental health litigation. While still a law student, Mr. … We are also not unaware that an eleventh amendment immunity question might exist were we to tax costs absent congressional authorization. Keyes v.

Gibbs v. Titelman

369 F. Supp. 38 · District Court, E.D. Pennsylvania · Nov 8, 1973

jurisdiction of any civil action authorized by law to be commenced by any person: “(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, or any right, privilege or immunity … requirements for a class action to be maintained on behalf of the defendants would also be met in this instance under Rule 23(b)(1), since adjudications with respect to the individual members of the defendants’ class here will clearly

AGNES

District Court, E.D. Pennsylvania · May 6, 2026

As is well established, removal to federal court also “does not waive defenses that a defendant would otherwise have in state court. Danziger & De Llano, LLP v. … This language clearly encompasses disputes arising out of Plaintiff’s relationship with Defendant Garrity, who Plaintiff alleges had supervisory power over her. ECF No. 1 at 20.

SCARBO

District Court, E.D. Pennsylvania · Mar 30, 2026

Corp., 652 F.3d 355, 357 (3d Cir. 2011) (noting that the FCRA is intended “to protect consumers from the transmission of inaccurate information about them, and to establish credit reporting practices that utilize accurate … July 9, 2021) (granting Experian’s motion to dismiss because, “despite vague references to ‘inaccurate information of Bankruptcy’” plaintiff never clearly disputed the accuracy of the information included on the credit

Anderson v. Bakery & Confectionery Union & Industry International Pension Fund

728 F. Supp. 2d 644 · District Court, E.D. Pennsylvania · Jul 14, 2010

Rather, the Appeals Committee concluded that the language in the Karan Settlement Agreement that “persons will receive payments regarding periods of layoff’ did “not establish that payments were made as back pay for those … Here, in contrast, plaintiffs were clearly aware that the application of (a)(2) was at issue at all stages of the administrative process as it was one of the bases on which they sought pension credits.

GF INDUSTRIES OF MISSOURI, LLC v. LEHIGH VALLEY GENOMICS, LLC

District Court, E.D. Pennsylvania · Nov 2, 2022

First, a plaintiff must establish a prima facie case of discrimination, establishing the following: (1) plaintiff belongs to a protected class, (2) plaintiff was qualified for the position, (3) plaintiff suffered an adverse … GFIM was qualified for the position as its owner, Binion, was a sales rep with years of experience in marketing laboratory testing; see Jackson Dep. 104:23; Dunn Dep. 35:2-4; Binion Dep. 63:14-16; and (3) GFIM suffered

ROBERTSON v. PFURSICH

District Court, E.D. Pennsylvania · Jul 10, 2024

“A dismissal under the in forma pauperis statute . . . qualifies as an adjudication on the merits carrying preclusive effect for purposes of any future in forma pauperis actions raising the same claim.” … A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Ben.

Nautilus Insurance Company v. TRH, LLC, et al.

District Court, E.D. Pennsylvania · Mar 30, 2026

Co., 908 A.2d 888, 896 (Pa. 2006) (citing rule as “well established”) (cleaned up, emphasis original). … Nautilus’ conclusory assertion that henna qualifies as a service for the purpose of appearance or skin enhancement is just a conclusory statement with no bearing on the policy. Defs’ Mem.

Ayala-Castro v. GlaxoSmithKline

624 F. Supp. 2d 396 · District Court, E.D. Pennsylvania · Feb 25, 2009

Referring to one of the counts of the Complaint, GSK asserts that “the principal federal issue ... is whether a plaintiff can recover against McKesson for negligent failure to warn where federal law clearly prohibits the … However, the Supreme Court of California has ruled that “mere compliance” with FDA regulations as to labels or warnings accompanying drugs “may not be sufficient to immunize the manufacturer or supplier of the drug from liability

MEDINA v. LITTLE

District Court, E.D. Pennsylvania · Aug 27, 2024

Medina does not state a section 1983 claim; and, (3) they are entitled to qualified immunity. Mr. … The state actors established Mr.

MANGOLD v. PECO ENERGY

District Court, E.D. Pennsylvania · Dec 23, 2021

To establish a prima facie case of racial discrimination, a plaintiff must show that he (1) is a member of a protected class; (2) was qualified for the position; (3) suffered an adverse employment action; and (4) the circumstances … Absent some evidence that Plaintiff was qualified for the job or that a less qualified candidate was selected for the sought-after position, Plaintiff cannot succeed on this claim.

FATA v. DELGADO

District Court, E.D. Pennsylvania · Apr 23, 2025

Section 1915 accords judges “the unusual power to pierce the veil of the complaint’s factual allegations and dismiss those claims whose factual contentions are clearly baseless.” Id. at 327. … A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Ben. Life Co. v.

BARNES v. RAIMONDO

District Court, E.D. Pennsylvania · Nov 28, 2023

Green, 411, U.S. 792 (1973).3 To establish a claim of race discrimination under Title VII, a plaintiff-employee must first establish a prima facie case. Jones v. … To establish a prima facie case of race/national origin discrimination, a plaintiff must show that she: (1) is a member of a protected class; (2) was qualified for the position; (3) suffered an adverse employment action

Hall v. Beard

55 F. Supp. 3d 618 · District Court, E.D. Pennsylvania · Oct 22, 2014

Under this deferential standard, habeas corpus relief is barred unless the staté court determination was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme … government organization “that identifies positive students and their positive interaction while they are at Glen Mills” and as a unit representative, a position for which less than ten percent of the students are deemed qualified

Sodexomagic, LLC v. Drexel Univ.

333 F. Supp. 3d 426 · District Court, E.D. Pennsylvania · Aug 2, 2018

On June 9, 2014, as part of the first phase, Drexel distributed a Request for Proposal Qualification Overview (also knowledge as a Request for Information, or "RFI") to five companies to qualify the firms with the best chance … However, Drexel's letter was clearly not a series of distinct offers, but rather a comprehensive set of proposed contractual terms.

United States v. Union Corp.

259 F. Supp. 2d 356 · District Court, E.D. Pennsylvania · Jan 21, 2003

The harmful effects from lower doses may include immune system dysfunction, organ failure and physiological impairment. (T. Tr. at III — 51—52; Gov. Ex. 647 at 36). … In sum, the factors creating the endangerment must be imminent, even if the harm may not occur for some time and the third circuit has clearly stated that the EPA may “authorize[] the cleanup of a site, even a dormant one

Aarp v. Eeoc

390 F. Supp. 2d 437 · District Court, E.D. Pennsylvania · Sep 27, 2005

A change in law can also qualify as one of the "other reasons" justifying relief under Rule 60(b)(6). … The earlier part of this opinion detailed how neither the Erie County decision nor the plain text of section 4(a)(1) clearly and unambiguously establishes that the ADEA applies to retiree benefits at all or that it prohibits

Baldwin-Lima-Hamilton Corp. v. Tatnall Measuring Systems Co.

169 F. Supp. 1 · District Court, E.D. Pennsylvania · Dec 1, 1958

These included a number of well-qualified engineers and scientists of whom Kearns, one of defendants’ witnesses, was one. … It was likewise established by defendants’ demonstrations with wires made of nickel and Secón No. 1, respectively.

SWARTZ v. THE BOARD OF TRUSTEES AT THE UNIVERSITY OF PENNSYLVANIA

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

“To establish that a continuing violation theory should apply to their case, the Plaintiffs must show (1) that at least one act occurred within the statutory period, and (2) that prior … Swartz has not alleged that Doyle knew he was qualified for non-lab positions, that Doyle ever told a specific prospective employer that Swartz was not qualified for non-lab positions