Case law

BOULWARE

District Court, E.D. Pennsylvania · Dec 12, 2025

The Social Security Administration generally presumes that an individual’s past work qualifies as substantial gainful activity The ALJ found that Tyeisha B. had several severe impairments: “osteoarthritis of the right … Additionally, a “marked limitation” “means that the signs and symptoms of an immune system disorder interfere seriously with a person's ability to function.” Garda, 2022 WL 143169, at *10; see also 20 C.F.R.

GARDNER v. BOONE

District Court, E.D. Pennsylvania · Feb 9, 2023

“Broad allegations of harm, unsubstantiated by specific examples or articulated reasoning,” do not establish good cause. … Relying on an affidavit from Drella, Schneider asserts that the “Driver Safety Review” process is not used to determine if a driver was safe or qualified.

Melso v. Texaco, Inc.

532 F. Supp. 1280 · District Court, E.D. Pennsylvania · Feb 6, 1982

The evidence shows that Texaco’s present rebate program is effecting a reduction in the tankwagon price for those dealers who are able to qualify. … That some courts have found a conspiracy to exist within a business entity or between a supplier and its dealers indicates only that membership in the same business family does not automatically immunize intra-enterprise

SCALIA v. BENE MARKET, LLC

District Court, E.D. Pennsylvania · Mar 19, 2024

This practice clearly violates the FLSA’s overtime provisions. d. … Redmond established both NBOA and Bene Market in Reading, Pennsylvania and operated both call centers from there.

HUANG v. BAI WEI LLC

District Court, E.D. Pennsylvania · Aug 14, 2023

be established as outside the class if the plaintiff were to conduct even minimal class-related discovery”). … Huang, particularly where there is no indication that she is qualified as a Mandarin Chinese interpreter. Cf Pa. R. Prof?l Conduct for Judiciary Interpreters 3 & cmt.

ALEXANDER G. v. DOWNINGTOWN AREA SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Apr 26, 2021

Alec’s scores on several tests were too high to qualify for the Wilson Reading System. Id. … One flawed goal clearly does not render Alec’s IEPs and supports legally inadequate.

SANDOZ INC. v. LANNETT COMPANY, INC.

District Court, E.D. Pennsylvania · Nov 4, 2021

However, Lannett has not met its burden to establish a status that would give rise to privilege. … The initial emails are between Lannett and Cediprof counsel and are clearly within the ambit of the common interest privilege.

Yates v. Kassem

District Court, E.D. Pennsylvania · Jul 20, 2021

Legal Principles – Jurisdictional Discovery “Courts should grant jurisdictional discovery unless the plaintiff's claim is ‘clearly frivolous.’” Neopart Transit, LLC v. CBM N.A. Inc., 314 F. … Hovensa LLC, 652 F.3d 340, 344 (3d Cir. 2011). 4 Yates also acknowledges that “Defendant, 3M Trucking, LLC, is a limited liability company existing and/or qualifying

Law Philmon v. LINCOLN UNIVERSITY

District Court, E.D. Pennsylvania · Jan 19, 2023

In particular, the Defendant challenges the Plaintiff’s ability to establish that she was qualified for the position, see id. at 3–4, and that the circumstances surrounding her removal as director of the nursing program … Moving on to the second step of the McDonell Douglas framework, I find that the Defendant has clearly articulated legitimate, non-discriminatory reasons for removing the Plaintiff as director of the nursing program.

ROMAN v. COUNTY OF CHESTER

District Court, E.D. Pennsylvania · Nov 16, 2023

If a party fails to establish likelihood of success on the merits 1 Likewise, the court may grant a TRO if “specific facts in an affidavit or a verified complaint clearly show that immediate and irreparable harm . … No. 25 at 7 n.5 (warning prison officials that “if Roman’s account is true, a longer delay may qualify as unreasonable or suggest that the delay may be occurring for non-medical reasons”); Doc.

THE WOLK LAW FIRM v. UNITED STATES OF AMERICA NATIONAL TRANSPORTATION SAFETY BOARD

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

For Exception 6 to apply, the information must be subject to privacy protection and the invasion of privacy is “clearly unwarranted.” Wolk Law Firm, 392 F. Supp. 3d at 527 (quoting Int’l Bhd. of Elec. … On October 10, 2019, we dismissed Wolk’s claim seeking wreckage of the helicopter accident it sought under 49 C.F.R. § 837.4.74 We first concluded the NTSB enjoys sovereign immunity on Wolk’s claims for obstruction

JONES v. CVS HEALTH CORPORATION

District Court, E.D. Pennsylvania · Oct 31, 2024

need to be established for absent class members…”); Mayor & City Council of Baltimore v. … This information is clearly material, as it would affect Plaintiffs’ decision to pay out-of-pocket costs associated with prescriptions of the Affected Drugs.

Saucon Valley Manor, Inc. v. Miller

392 F. Supp. 3d 554 · District Court, E.D. Pennsylvania · Jun 6, 2019

[by] showing that the materials cited do not establish the absence ... of a genuine dispute"). … Analysis of the Plaintiffs' Section 1983 Claims " Section 1983 provides a civil remedy for the 'deprivation of any rights, privileges, or immunities secured by the Constitution and laws.' " Halsey v.

FERRETTI v. EMRICK

District Court, E.D. Pennsylvania · Dec 3, 2024

Sharkey, 928 F.3d 299 (3d Cir. 2019) (holding that there is a clearly established right “not to be sexually assaulted by a state employee while in confinement”)); see also Ricks v. … The Commonwealth of Pennsylvania has not waived that immunity. See 42 Pa. Cons. Stat. § 8521(b).

STOCKER v. GREENE, TWEED & CO., INC.

District Court, E.D. Pennsylvania · Aug 3, 2020

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 a 2 In the absence of … In order to establish a prima facie case of discrimination in violation of the ADA, a plaintiff must show the following: “(1) that he is disabled within the meaning of the ADA, (2) that he is otherwise qualified for the

JORDAN

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

The disability claimant bears the burden of establishing steps one through four. … To meet this burden, the claimant must establish all the requirements of the relevant listing.

GILLIAM v. UNITED STATES DEPARTMENT OF AGRICULTURE

District Court, E.D. Pennsylvania · Sep 11, 2020

Plaintiffs have established their standing. … Supp. 3d 147, 157-58 (D.D.C. 2018) (“forgoing food or other necessities [is] clearly irreparable in nature”).

BEHNKE v. CVS CAREMARK CORPORATION

District Court, E.D. Pennsylvania · Apr 23, 2020

Medicare Part D was established by the Medicare Prescription Drug, Improvement and Modernization Act of 2003, for the purpose of providing prescription drug coverage to individuals qualified for Medicare. … It is well-established, however, that qui tam actions brought under the FCA must be pled with particularity pursuant to Federal Rule of Civil Procedure 9(b). U.S. ex rel. Schmidt v.

United States v. Illera Plaza

179 F. Supp. 2d 464 · District Court, E.D. Pennsylvania · Dec 21, 2001

Webster, 162 F.3d 308, 323-24 (5th Cir.1998) (upholding FDPA death sentence where jury was clearly instructed to separate its threshold mental state findings from its weighing of aggravating and mitigating factors); Cooper … establish five of the statutory aggravating factors listed in 18 U.S.C. § 3592 (c). 13 The defendants contend that these statutory factors fail to qualify as valid “aggravating factors” in a capital sentencing scheme.

BROWN v. AMERICAN HOME PROD

District Court, E.D. Pennsylvania · Nov 18, 2021

The mitral valve regurgitation is clearly only mild with an RJA/LAA ratio clearly less than the 20% threshold to find moderate … Claimant disputed this final determination and requested that the claim proceed to the show cause process established in the Settlement Agreement.