Case law

Opinions from 1658 to today.

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  • SECURITIES AND EXCHANGE COMMISSION v. LIBERTY

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

    Second, I conclude that Liberty is unable to establish misconduct on the part of the SEC by clear and convincing evidence. … In no respect does this case qualify for the extraordinary remedy recognized by Rule 60. IV.

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  • 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

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  • 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.

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  • RYAN v. TEMPLE UNIVERSITY

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

    Unfortunately, as with essentially every other aspect our lives over the past year, the college experience has not been immune from the depredation of the COVID-19 pandemic. … The identity of this document is clearly ascertainable in light of its presence on the same web page as the Agreement itself, in addition to the descriptive heading “Tuition and Fees Policy.”

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  • United States Ex Rel. Merena v. Smithkline Beecham Corp.

    52 F. Supp. 2d 420 · District Court, E.D. Pennsylvania · Apr 8, 1998

    It is the Government’s contention that no Relator qualifies as an “original source” as to the automated chemistry allegations, but that even if a Relator was an original source, the qui tam share should be limited to a low … Dismissal of the “Automated Chemistry” Claims The complaints in both Civil Actions 93-5974 and 95-6953 seem clearly to allege all of the so-called “automated chemistry” claims.

    Reversed on other grounds by United States Ex Rel. Alderson v. Quorum Health Group, Inc., 171 F. Supp. 2d 1323 (2001)Cited 11 timesPublished
  • Ockford v. ENCOMPASS INSURANCE COMPANY

    District Court, E.D. Pennsylvania · Apr 4, 2025

    rejects the idea that negotiation – i.e., offering the bottom of an estimated settlement range – qualifies as bad faith.”). Plaintiffs’ reliance on McCrory v. State Farm Mutual Automobile Insurance Co., Civ. … The letter at issue, referencing competing expert opinions, clearly falls into this category, and is not evidence of bad faith. IV.

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  • Greenwood Racing Inc. v. American Guarantee and Liability Insurance Company

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

    Where the terms of the policy are unambiguous, courts will give them their plain and ordinary meaning, unless doing so would violate clearly established public policy. Id. … As previously discussed, Greenwood does not allege facts to establish that any of these criteria were satisfied.

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  • BROOKLYN S.-M. v. UPPER DARBY SCHOOL DISTRICT

    District Court, E.D. Pennsylvania · Mar 3, 2023

    (“Parents are correct in asserting that they can establish that [the student] was denied a benefit to which all other students were entitled simply on the basis that [the student] was disabled if they can establish a denial … The Hearing Officer was presented with conflicting conclusions by highly qualified special education professionals.

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  • TAMBURELLO v. CITY OF ALLENTOWN

    District Court, E.D. Pennsylvania · Feb 7, 2022

    His response was, ‘see clearly, no.’ … Prima Facie Case of Discrimination A plaintiff establishes a prima facie case of race or national original discrimination by showing that he: “(1) is a member of a protected class; (2) was qualified

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  • IN RE: MOTION TO CONFIRM ARBITRATION AWARD

    District Court, E.D. Pennsylvania · Sep 30, 2021

    Wirs.6 The Trust was allegedly created for the purpose of making available certain technical support “for the complete and full access to, benefit of, and usage by any and all duly qualified national, state, county, municipal … Discussion Here, staying these proceedings is clearly inappropriate.

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  • MCCRAY, III v. SUGARHOUSE HSP GAMING, L.P.

    District Court, E.D. Pennsylvania · May 30, 2024

    This type of generic identification of comparators is clearly insufficient. … “Opposing unlawful discrimination” by filing an informal complaint qualifies as a protected activity. Veal v. Am. Hearing Aid Assocs., Inc., No. 17-cv-1738, 2018 WL 3632159, at *4 (E.D. Pa.

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  • M.S. v. DOWNINGTOWN AREA SCHOOL DISTRICT

    District Court, E.D. Pennsylvania · Oct 28, 2022

    qualified also under the category of autism. (HOD page 9.) There was a discrepancy between M.S.’s preschool teachers’ scores, and the scores obtained by the Parents.4 (AR N.T. at 559-60.) 3 Dr. … The IDEA requires the states to provide a FAPE to all students who qualify for special education services. 20 U.S.C. §1412.

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  • SESAY v. BIDEN ADMINISTRATION

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

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  • SESAY v. CYS/DELCO

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

    Cited 0 timesUnknown
  • SESAY v. KAMARA

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

    Cited 0 timesUnknown
  • SESCEY v. KAMARA

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

    Cited 0 timesUnknown
  • SESAY v. ROC NATION/MUSIC

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

    Cited 0 timesUnknown
  • MOET v. SEPTA TRANSPORTATION

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

    Cited 0 timesUnknown
  • SESAY v. MERCY FITZGERALD HOSPITAL

    District Court, E.D. Pennsylvania · Apr 12, 2022

    Even assuming Bivens applies in the context Sesay alleges, sovereign immunity bars her claims against the United States Military, the Biden Administration and the Department of Homeland Security. … See FDIC, 510 U.S. at 475 (“Absent a waiver, sovereign immunity shields the Federal Government and its agencies from suit.”); Treasurer of New Jersey v.

    Cited 0 timesUnknown
  • LOMAX

    District Court, E.D. Pennsylvania · Apr 21, 2026

    jail, prison, or other correctional facility if the court is satisfied that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … App’x 742, 746 (3d Cir. 2009) (per curiam) (vacating dismissal of complaint despite Magistrate Judge’s observation that “defendants have repeatedly monitored and tested [plaintiff] and have determined that he does not qualify

    Cited 0 timesUnknown

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