Case law

Boley v. UNIVERSAL HEALTH SERVICES INC

District Court, E.D. Pennsylvania · Mar 8, 2021

Retirement Savings Plan (“Plan”), a defined contribution plan under which its qualified employees can invest a portion of their paycheck in one or more of thirty available investment options. … The evidence required to establish the applicability of the section 404(c) defense likewise hinges on the Plan rather than on individual Plan participants.

PRICE v. COMMONWEALTH CHARTER ACADEMY CYBER SCHOOL

District Court, E.D. Pennsylvania · Sep 12, 2019

As the Hearing Officer explained, it is undisputed that JH had disabilities which qualify JH for special education services. … that TR would qualify for gifted programming.

IN RE: HOWARD

District Court, E.D. Pennsylvania · Aug 7, 2026

A plaintiff commencing an action in federal court bears the burden of establishing federal jurisdiction. See Lincoln Benefit Life Co. v. … “Section 1983 provides a civil remedy for the ‘deprivation of any rights, privileges, or immunities secured by the Constitution and laws.’” Halsey v.

Frontline Technologies, Inc. v. CRS, Inc.

880 F. Supp. 2d 601 · District Court, E.D. Pennsylvania · Jul 26, 2012

A court’s analysis of patent infringement is a well-established two-step process: (1) the meanings of disputed claims are construed; and (2) the allegedly infringing device is compared to the claims as construed. … Put another way, in Mitsuoka contractors could apply for positions and then the computer system selected the contractor best qualified for the position.

BATCHELOR v. SPAGNOLETTI

District Court, E.D. Pennsylvania · Apr 17, 2024

action taken against him.66 As to the first element, “[t]he filing of grievances and lawsuits against prison officials constitutes constitutionally protected activity.”67 Informal, oral grievances may also qualify … Establishing the existence of an agreement is part of the prima facie case for civil conspiracy under 42 U.S.C. § 1983[.]”138 We dismiss Mr.

IN RE ONIX GROUP, LLC DATA BREACH LITIGATION

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

Klinger, Esquire—are qualified to “fairly and adequately represent the interests of the class.” Fed. R. Civ. P. 23(a)(4). … The fourth and fifth factors—risks of establishing liability and damages—also counsel in favor of approving the settlement.

HIGHTOWER v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Apr 14, 2022

privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . . 42 U.S.C. § 1983. … Noting that the plaintiff had a “clearly established constitutional right to have prison officials protect him from inmate violence,” the court held that the plaintiff’s allegations were sufficient and denied the defendants

MCGRATH v. CREDIT LENDERS SERVICE AGENCY, INC.

District Court, E.D. Pennsylvania · Feb 25, 2022

,” the Agency also clearly meets this criterion. … “A defendant’s conduct is reckless only if it was ‘objectively unreasonable’ in light of ‘legal rules that were clearly established at the time.’” Fuges, 707 F.3d at 249 (quoting Safeco Ins. Co. ef Am. v.

Carlisle v. Consolidated Rail Corp.

790 F. Supp. 521 · District Court, E.D. Pennsylvania · Mar 23, 1992

Because I find, as did Judge McGlynn in Kraus, supra, 723 F.Supp. at 1089 , that the law in this area is “less than clearly defined and in a stage of rapid evolution,” Id., and because both Third Circuit cases on the issue … The industry was well established. The problems in the industry did not magically appear or vanish or metamorphose with the creation of Conrail.

SLATER v. YUM YUM'S 123 ABC

District Court, E.D. Pennsylvania · May 28, 2021

These allegations, which must be accepted as true, are sufficient to establish Slater’s “employee” status. … Defendant also qualifies as a “preschool” under the FLSA. Slater describes Defendant as a “Pennsylvania corporation engaged in providing child care services.” Id. ¶ 7 (emphasis added).

GLOUKHOVA v. CSL BEHRING LLC

District Court, E.D. Pennsylvania · Nov 4, 2022

Two parallel, but diametrically opposed, approaches persist as to whether Medicaid funding on its own may establish an entity as a “public body” potentially liable under the PWL. … App’x 138, 141 (3d Cir. 2020) (“[A] private entity does not qualify as a public body merely because it receives state funds through contracts with public programs or government agencies.”).

PYLE v. OTIS ELEVATOR COMPANY

District Court, E.D. Pennsylvania · Jun 17, 2020

Although a wheel clearly should not dislodge during the operation of a vehicle, the court concluded that the answer to these questions “are not within the range of the ordinary knowledge or experience of the average layperson … ,” and that “absent the testimony of a qualified expert, a jury’s verdict would be nothing more than conjecture.”

BODDY-JOHNSON v. GILMORE

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

Clearly established federal laws are the holdings, not the dicta of the Supreme Court. Id. at 390. B. Exhaustion and Procedural Default. … If a state court has already rejected an ineffective-assistance claim, a federal court may grant habeas relief if the decision was “contrary to, or involved an unreasonable application of, clearly established Federal law

FRAZIER v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Sep 15, 2023

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 … Clearly, she did not find her employer’s actions to be materially adverse.

G.L. ex rel. S.H. v. Saucon Valley School District

267 F. Supp. 3d 586 · District Court, E.D. Pennsylvania · Mar 30, 2017

Of course, the school system can only support her and cannot decide whether G.L. will qualify. 8. … As Plaintiffs acknowledge, the behavior specialist clearly knew about the event, having been drawn into the meeting in order to assist with G.L.’s outburst, but this meltdown was not school-related, but rather “was caused

PYLE v. OTIS ELEVATOR COMPANY

District Court, E.D. Pennsylvania · Jun 17, 2020

Although a wheel clearly should not dislodge during the operation of a vehicle, the court concluded that the answer to these questions “are not within the range of the ordinary knowledge or experience of the average layperson … ,” and that “absent the testimony of a qualified expert, a jury’s verdict would be nothing more than conjecture.”

Hills v. Borough of Colwyn

978 F. Supp. 2d 469 · District Court, E.D. Pennsylvania · Oct 17, 2013

The Court rejected a narrow reading of § 1658 applied by the Courts of Appeals that “restricted] § 1658 to cases in which the plaintiffs cause of action is based solely on a post-1990 statute that establishes a new cause … While clearly instructive, the Jones opinion did not directly address the issue before this court in that it dealt with a *476 § 1981 claim against a private actor, not a § 1981 claim against a state actor brought via § 1983

DARBY v. 120 NORTHAMPTON, LLC

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

The applicable constitutional amendments were clearly established at the time of the property deprivation. 317. … This immunity extends to Plaintiff’s pendent state-law claims as well. See Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 120 (1984).

ALLIANCE CANCER SPECIALISTS, P.C. v. THOMAS JEFFERSON UNIVERSITY HOSPITALS INC.

District Court, E.D. Pennsylvania · Sep 18, 2023

Of course, if you seek privileges in Internal Medicine in order to perform other services, unrelated to oncology and hematology, you may proceed in accordance with the process established by the Bylaws. . . . … The letter repeatedly uses the phrase “cancer-related care” without clearly defining it. See p. 8, infra. The court cannot predict what JNE will consider to be “cancer related” care.

Armstrong v. Kline

476 F. Supp. 583 · District Court, E.D. Pennsylvania · Jun 21, 1979

In addition, SED teachers employ psychotherapy and other psychological techniques aimed at establishing inter-personal communication. … Ruttenberg also tried to establish guidelines.