Case law

CRAWFORD v. COUNTY OF CHESTER

District Court, E.D. Pennsylvania · May 21, 2024

Deputy Warden Roberts argues that the claims against him should be dismissed because he was not personally involved in the relevant events and, regardless, is entitled to qualified immunity. (Id. at 11-13.) … In contrast, allegations of medical malpractice and mere disagreement regarding proper medical treatment are insufficient to establish a constitutional violation, see Spruill v.

SERRANO-BEY v. MUVHA

District Court, E.D. Pennsylvania · Feb 16, 2024

Pa. 2021) (immunity extends to state agencies and departments, including the Pennsylvania State Police). See also Will v. … Rose, 496 U.S. 356, 365 (1990) (“Will establishes that the State and arms of the State . . . are not subject to suit under § 1983 . . . .”).

AARP v. Equal Employment Opportunity Commission

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

United States v. City of Philadelphia

499 F. Supp. 1196 · District Court, E.D. Pennsylvania · Sep 30, 1980

Henceforth and until such time as the requirements of Part II of this Order have been satisfied, the City of Philadelphia shall not use for a period of time of more than two (2) years from its establishment any eligibility … In addition to advising each female recipient as to the specific relief to which she is entitled under Part V, supra, such notification shall clearly advise her as to the requirements of paragraph 66, supra, which must be

Case of District Attorney of United States

7 F. Cas. 731 · District Court, E.D. Pennsylvania · Oct 8, 1868

The prolongation might have been absolute, and there is no reason that it may not be contingent, qualified, or conditional. In any such case the original appointment of the future incumbent is for the prolonged period. … That it was such a mistake will appear more clearly when the views In which the senate has regarded the question are elucidated from positive sources.

Midwest Athletics and Sports Alliance LLC v. Ricoh USA, Inc.

District Court, E.D. Pennsylvania · Sep 16, 2020

Rather, “to successfully assert the attorney-client privilege, the corporation ‘must clearly demonstrate that the communication in question was made for the express purpose of securing legal … advice[.]’” … MASA has established that Kramer Levin represented it for that purpose.

Center for Democracy & Technology v. Pappert

337 F. Supp. 2d 606 · District Court, E.D. Pennsylvania · Sep 10, 2004

The evidence establishes that it would not be economical for ISPs to develop and implement URL filtering technology. … Thus, the Court must determine if the burden imposed is clearly excessive in relation to local benefits.

SPEIGHTS v. SIMPLUR HEALTH GROUP

District Court, E.D. Pennsylvania · Oct 29, 2020

The first requirement, that the expert be qualified, is not at issue here. … Plaintiff Should Have Found Work in Six Months On the second issue, of whether the experts may testify that Plaintiff should have found a job in six months, the prior cases are less clearly controlling

SZYPER v. AMERICAN MEDICAL RESPONSE MID-ATLANTIC, INC.

District Court, E.D. Pennsylvania · Dec 1, 2021

That case is clearly distinguishable, however, because it involved invasive touching of an intimate area, as opposed to Mr. Brock touching Plaintiff’s wrist. Stip. at ¶ 16. … Brock qualifies as a “supervisor” and thus can be held individually liable for his own discriminatory conduct. ECF. No. 39 at 13.

WILLIAMS v. HARRY

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

This “unreasonable application” inquiry requires the habeas court to “ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Hameen v. … In light of the foregoing, Petitioner failed to establish that the state court adjudication of his claim resulted in a decision that was contrary to, or involved an unreasonable application of clearly established federal

CHARLTON v. KIJAKAZI

District Court, E.D. Pennsylvania · Dec 13, 2023

The disability claimant bears the burden of establishing steps one through four. … Prior to the established disability onset date, the claimant was a younger individual age 45-49.

PITTMAN v. KYLER

District Court, E.D. Pennsylvania · Sep 9, 2020

established Federal law, as determined by the Supreme Court of the United States.”). … “A motion that seeks to add a new ground for relief . . . will of course qualify.” Id.

Patrick v. Devon Health Services, Inc.

828 F. Supp. 2d 781 · District Court, E.D. Pennsylvania · Nov 18, 2011

Defendant argues that Plaintiff needed an accident reconstruction expert, not a toxicologist, to establish causation. We disagree. … Clearly, the determination by Defendant here was neither arbitrary nor capricious in light of the evidence before it. See Natty v. Life Ins. Co. of N.

VANGJELI v. BANKS

District Court, E.D. Pennsylvania · Apr 6, 2023

sovereign immunity. … The Evidence Here Establishes a Lack of Clarity Regarding Counsel’s Express Authority to Settle Ms.

COLLINS v. SHUTTERED VENUES OPERATIONS GRANT

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

“Eligible applicants [could] qualify for grants equivalent to 45% of their gross earned revenue, with the maximum amount available for a single grant award of $10 million.” Id. … Clearly, if the SVOG program has no funds, we cannot grant Plaintiff the relief she seeks, i.e., an award of the $475,650 SVOG that Plaintiff applied for on behalf of her business, All Star Entertainment. (See 2d Am.

Seamans v. Temple University

901 F. Supp. 2d 584 · District Court, E.D. Pennsylvania · Oct 25, 2012

I recently began attending school again at Drexel University, and in order to qualify for financial aid, I had to settle the Perkins loan default. … Plaintiff disputes [sic ] clearly reflect that Plaintiff believed the account was far too old to be reporting any longer on his credit report, which speaks directly to the fact that Temple was misreporting the account status

Ctr. for Investigative Civil Action Reporting v. Se. Pa. Transp. Auth.

344 F. Supp. 3d 791 · District Court, E.D. Pennsylvania · Sep 25, 2018

Balance of Equities and the Public Interest The public interest does not clearly cut exclusively in favor of CIR in this case. … Vaguely Qualified Prods. LLC v. Metro. Transp. Auth. , No. 15 CIV. 04952 CM, 2015 WL 5916699 , at *3 (S.D.N.Y.

FRAMPTON v. INTERSTATE MANAGEMENT COMPANY, LLC

District Court, E.D. Pennsylvania · Mar 22, 2021

SUMMARY JUDGMENT STANDARD Under the well-established summary judgment standard, “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute … Where the literal meaning differs from the common intention of the parties as clearly evidenced by the whole of the agreement, preference shall be given to the intention of the parties.

HOUSER v. FELDMAN

District Court, E.D. Pennsylvania · Oct 27, 2021

This occurred more than three years before the filing of his Complaint of February 12, 2021, so these misappropriations are clearly outside of the statute of limitations. … The conclusion that a defendant cannot immunize itself from liability through its co- defendant’s public disclosure is also supported by the text of the DTSA.

TALARICO v. PUBLIC PARTNERSHIPS, LLC

District Court, E.D. Pennsylvania · Jan 28, 2020

PPL “is responsible for informing the participant of the established rate” for the services that he or she receives. Waiver App. at 213. … Clearly, PPL has no input as to hours worked by the DCWs, or the job assignment of any DCW.