Case law

TALLEY v. PA. DEPARTMENT OF CORRECTIONS

District Court, E.D. Pennsylvania · Nov 14, 2019

Defendants have moved to dismiss for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act (PLRA) and failure to state a claim.3 They also assert sovereign immunity as to the state … To state a claim under the ADA and RA, a plaintiff must allege “that he is a ‘qualified individual with a disability’ [and] that he was excluded from a service, program, or activity of a public entity . . . because of

BRADLEY v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Mar 24, 2020

Dist., 927 F.3d 742, 761 (3d Cir. 2019) (agreeing that school board was entitled to summary judgment when there was “no evidence that those who do qualify as policymakers, such as Booth or the school board, knew about, … Furthermore, although the allegations in Civil Action Number 20-1019 are not identical to those in Civil Action Number 20-1016, they clearly address some of the same subject matter.

BRADLEY v. PHILA. POLICE DEPT.

District Court, E.D. Pennsylvania · Mar 24, 2020

Dist., 927 F.3d 742, 761 (3d Cir. 2019) (agreeing that school board was entitled to summary judgment when there was “no evidence that those who do qualify as policymakers, such as Booth or the school board, knew about, … Furthermore, although the allegations in Civil Action Number 20-1019 are not identical to those in Civil Action Number 20-1016, they clearly address some of the same subject matter.

KLOSTERMAN v. EXPERIAN INFORMATION SOLUTIONS, INC.

District Court, E.D. Pennsylvania · Oct 1, 2024

The Existence of a Valid Agreement to Arbitrate Turning first to the second element of the inquiry, Discover argues that arbitration is required because “[Klosterman’s] claims are clearly covered under the … It is well-established that a declarant is competent to testify to matters of which he has personal knowledge. See Fed. R.

BISIGNANO

District Court, E.D. Pennsylvania · Apr 29, 2026

No single piece of evidence can in isolation establish that a child has an extreme limitation. Id. … Regardless, the ALJ clearly evaluated the evidence and supported her findings, which is all that was required. See Jones v.

WM High Yield Fund v. O'Hanlon

964 F. Supp. 2d 368 · District Court, E.D. Pennsylvania · Aug 12, 2013

The Report and the statements it contains are hearsay that do not qualify for this exception from the general rule of exclusion. … And it does not qualify for any other exceptions from the general rules of exclusion, Rules 801(c) and 701. B.

THE SATANIC TEMPLE v. SAUCON VALLEY SCHOOL DISTRICT

District Court, E.D. Pennsylvania · May 1, 2023

However, because the record indicates TST did not clearly violate Policy 707, it suggests the District’s enforcement of Policy 707 was pretextual. … Des Moines, the Supreme Court held “conduct by the student, in class or out of it, which for any reason…materially disrupts classwork or involves substantial disorder…is of course, not immunized by the constitutional guarantee

ECHOLS v. HAINSWORTH

District Court, E.D. Pennsylvania · May 19, 2021

Cone, 535 U.S. 685, 694 (2002) (“The focus of the [ ] inquiry is on whether the state court’s application of clearly established federal law is objectively unreasonable, and we stressed in [Williams v. … established federal law or erroneous factual determinations.

CALLAHAN

District Court, E.D. Pennsylvania · Feb 27, 2026

The rule is independent of federal law, and it is adequate because it is “firmly established” and “regularly followed.”64 Rule 2119(b) is firmly established in the Pennsylvania Rules of Appellate Procedure and is well … Callahan points to as “new evidence” actually qualifies as new, reliable evidence of innocence.

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.

CRASH PROOF RETIREMENT, LLC v. Price

District Court, E.D. Pennsylvania · Apr 13, 2021

Such a basis for regulation clearly would be incompatible with the First Amendment.”); see also Keel, 148 F. … Price’s article does not qualify as commercial speech, Crash Proof’s Lanham Act claims fail, and the Court need not decide the truthfulness of Mr. Price’s article.

BRADLEY v. DIST. COUNCIL 47

District Court, E.D. Pennsylvania · Mar 24, 2020

Dist., 927 F.3d 742, 761 (3d Cir. 2019) (agreeing that school board was entitled to summary judgment when there was “no evidence that those who do qualify as policymakers, such as Booth or the school board, knew about, … Furthermore, although the allegations in Civil Action Number 20-1019 are not identical to those in Civil Action Number 20-1016, they clearly address some of the same subject matter.

BRADLEY v. PHILADELPHIA POLICE DEPARTMENT

District Court, E.D. Pennsylvania · Mar 24, 2020

Dist., 927 F.3d 742, 761 (3d Cir. 2019) (agreeing that school board was entitled to summary judgment when there was “no evidence that those who do qualify as policymakers, such as Booth or the school board, knew about, … Furthermore, although the allegations in Civil Action Number 20-1019 are not identical to those in Civil Action Number 20-1016, they clearly address some of the same subject matter.

BROWN v. GEO GROUP INC

District Court, E.D. Pennsylvania · Jul 31, 2020

Regardless of whether the height was 20 feet or 40 feet, Brown was clearly some meaningful distance off the ground. … Phillips’s purported instruction not to treat Brown would qualify as deliberate indifference. But no denial of medical care followed.

Mehdizadeh v. Starbucks Corporation d/b/a Starbucks Coffee Company

District Court, E.D. Pennsylvania · Nov 15, 2024

Following this exchange, Mehdizadeh filed an NLRB charge against Starbucks, accusing it of establishing a “company union.” … Judgment on the pleadings is appropriate when “the movant clearly establishes that no material issue of fact remains . . . and that he is entitled to judgment as a matter of law.” Rosenau v.

Sheller v. City of Philadelphia

288 F.R.D. 377 · District Court, E.D. Pennsylvania · Jan 30, 2013

The party seeking certification “bears the burden of establishing each element of Rule 23 by a preponderance of the evidence.” Marcus v. BMW of N. Am., LLC, 687 F.3d 583, 591 (3d Cir.2012). … The Court will take this opportunity to note that two of the four class members may not entirely fit with the group of people with clearly cognizable claims.

FERREN C. v. School Dist. of Philadelphia

595 F. Supp. 2d 566 · District Court, E.D. Pennsylvania · Jan 28, 2009

In determining the appropriate relief, if any, to award in this case, we are clearly not limited to ordering the School District to write a check. … Also, If the non-moving party has the burden of proof at trial, then that party must establish the existence of each element on which it bears the burden. Celotex Corp. v.

FORMAN v. UNUM LIFE INSURANCE COMPANY OF AMERICA

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

Reifsnyder’s statement explained, “Although the length of five hours is somewhat arbitrary any long flight clearly would not be in his best interest.” (AR 295.) First Unum had an on-site physician, Dr. … Forman’s counsel that the cutoff for a long flight should be six hours, not five, and that he was “not qualified to assess [Mr. Forman’s] functional capacity.” (AR 1475.)

ANSELMO v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Jan 29, 2021

The doctrine cannot be used—as Plaintiff attempts to do here—to establish causation. … In order to establish a prima facie case of disparate treatment under the ADA, a plaintiff must show “(1) he is a disabled person within the meaning of the ADA; (2) he is otherwise qualified to perform the essential

O'MEARA v. SHIFT4 PAYMENTS, INC.

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

Shift4 also argues that Plaintiffs have failed to establish scheme liability under SEC Rule 10b-5(a) or (c). … The restatements in the financial statements which were not restated by the Company were clearly material as cash flows from operations were overstated by 234% for full year 2019 and 485% for full year 2020.