Case law

HEMPFIELD SCHOOL DISTRICT v. S.C.

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

The Warwick IEP team met again in February 2022 to discuss extended school year services for S.C.188 S.C. did not qualify for extended occupational therapy services, but he still qualified for academic and speech and language … The mother found a qualified aide and convinced the Board to hire them. The qualified aide eventually resigned and the Board replaced her with other aides.

HOLLEY v. COMMUNICATION TEST DESIGN, INC.

District Court, E.D. Pennsylvania · Jun 30, 2025

To establish a prima facie claim of race discrimination, Plaintiff must prove that: “(1) [he] is a member of a protected class; (2) [he] was qualified for the position [he] sought to attain or retain; (3) [he] suffered … Considering this significant change in law, CTDI’s reference to the The Supreme Court clearly articulated that the phrase “[t]erms or conditions,” in the context of a claim for employment discrimination, includes factors

TAGGART v. Deutsche Bank National Trust Company

District Court, E.D. Pennsylvania · Jun 3, 2021

Taggart, 2016 WL 4076818, at *4.7 Taggart also fails to clearly plead facts establishing 7 Our Court rejected Taggart’s nearly identical claim against MERS in 2016. … Instead, he qualified his Response on this point, saying, “I made sure to try and be as candid with the matter as possible with the court.” (Resp. to Order to Show Cause 22.)

WINSLOW v. EXTRA STORAGE SPACE

District Court, E.D. Pennsylvania · Jun 5, 2025

Nor does Extra Space qualify as a common carrier, or public utility. As such, the contract is not invalid on public policy grounds. … Furthermore, Plaintiff has failed to establish that he is entitled to the benefit of Pennsylvania’s discovery rule.

GATES v. ARAMARK CORPORATION

District Court, E.D. Pennsylvania · Jan 24, 2022

2017, male General Managers watched “two very attractive looking women walk[] by [and] [e]veryone turned and stared, Brent Hardin’s mouth opened, his eyes widened, he walked over to them to see if they were lost, when clearly … Under the controlling test, to establish a prima facie case of termination based on sex discrimination, a plaintiff must show that (1) she belongs to a protected class, (2) she is qualified for the position, (3) she is

WALKER v. WETZEL

District Court, E.D. Pennsylvania · Feb 24, 2022

To establish an Eighth Amendment violation based on the conditions of confinement, a prisoner must establish that prison officials’ acts or omissions denied him “the minimal civilized measure of life’s necessities.” … Walker’s specific due process claim, the receipt of photocopies of the legal mail clearly demonstrates that Mr.

BEARER v. TEVA PHARMACEUTICALS USA, INC.

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

than arguing that her claim should fail because she has not established some other element of the prima facie case)). … This characterization clearly implies that a promise was made by virtue of Brooks and Berndt agreeing that Bearer could have a Senior Director position.

PRATT v. MARSH

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

ESSENTIAL UTILITIES, INC. v. SWISS RE CORPORATE SOLUTIONS ELITE INSURANCE CORPORATION

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

noted by Plaintiffs, the definition of “other insurance” in the SRCS Elite policies only requires that the Chubb policy cover some of the same damages as the SRCS Elite policies to qualify … Here, the Court concludes that a reading of the complaints in the underlying actions clearly indicate that they seek damages and injunctive relief in relation to bodily injury and property

DOAN v. DOWNINGTOWN AREA SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Aug 13, 2020

The court said, “receiving math lessons in a separate room via one-on-one, independent and computer-based learning can hardly be said to qualify as a ‘regular education classroom.’”3 Id. ¶ 45. … statute, ordinance, regulation, custom, or usage, of a State or Territory ... subjects, or causes to be subjected, any citizen of the United States ... to the deprivation of any rights, privileges, or immunities

In Re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation

553 F. Supp. 2d 442 · District Court, E.D. Pennsylvania · Apr 9, 2008

All Class Members diagnosed as FDA Positive or as having Mild Mitral Regurgitation by the end of the Screening Period, 11 including their Derivative Claimants, were qualified to receive these Matrix Benefits. … The Settlement Agreement clearly contemplates that such an award may be made to the representative plaintiffs in Jeffers and Brown.

ROLLING

District Court, E.D. Pennsylvania · Mar 30, 2026

Moreover, Hopper’s failure to promote Plaintiff in 2020 and refusal to promote Plaintiff in 2023 are clearly discrete acts that were separately actionable at the time that they occurred and thus are not part of a continuing … (2) she was qualified for the position in question; (3) she suffered an adverse employment action; and (4) that adverse employment action gives rise to an inference of unlawful discrimination.”

SCRUGGS v. PHILADELPHIA HOUSING AUTHORITY

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

First, the plaintiff must establish a prima facie case of discrimination. Id. … In order to establish a prima facie case of disparate treatment, a plaintiff must establish that: “(1) s/he is a member of a protected class; (2) s/he was qualified for the position s/he sought to attain or retain; (3)

Complaint of B.F.T. No. Two Corp.

433 F. Supp. 854 · District Court, E.D. Pennsylvania · Jun 30, 1977

In clear weather visual sightings of lights and landmarks should suffice to keep the tug in position. 5 We are mindful of the rule which clearly states that “the lookout must have no other duty”. … Suarez qualified his testimony, stating that it might have required only 2 ship lengths to have avoided the collision. (N.T. 616).

United States v. Merck & Co.

44 F. Supp. 3d 581 · District Court, E.D. Pennsylvania · Sep 5, 2014

No. 12 ¶¶ 92-96.) • False representations through the Immunization Action Coalition. (Dkt. No. 12 ¶¶ 97-101.) … Such deception clearly impacts New York’s interest in creating “an honest marketplace where trust, and not deception, prevails.” Goshen, 746 N.Y.S.2d 858 , 774 N.E.2d at 1194-95 (internal citation omitted).

COLEMAN

District Court, E.D. Pennsylvania · Dec 23, 2025

The state court’s application of clearly established law must be objectively unreasonable.”56 B. … Because Petitioner is in custody contrary to clearly established Supreme Court precedent set forth in Strickland v. Washington and its progeny, the Court will grant the Petition. An appropriate order will follow.

COYLE v. COMMONWEALTH OF PENNSYLVANIA

District Court, E.D. Pennsylvania · May 22, 2023

Richards, 504 U.S. 689, 705 (1992) (“Absent any pending proceeding in state tribunals... application ... of Younger abstention [i]s clearly erroneous.”’). … For private parties, such as APS Associates, to qualify as state actors under § 1983, “the state must significantly contribute to the constitutional deprivation... .” Jordan v.

CASTILLO CHAIDEZ v. HEMPHILL

District Court, E.D. Pennsylvania · Nov 15, 2019

Standard of Review This Motion is governed by the well-established standard for summary judgment set forth in Fed. R. Civ. … The release would certainly appear to qualify as a “hold harmless” agreement, in that the first paragraph requires Castillo to aver that he has “voluntarily withdrawn from the employment of Employer without compelling and

CARROLL v. MILLERSVILLE UNIVERSITY OF PA

District Court, E.D. Pennsylvania · Apr 21, 2021

immunity.104 Our Court of Appeals did not review or opine on Judge Caputo’s dismissing the breach of contract claim. … She held, "[h]aving failed to meet his burden of establishing that service was proper, Plaintiff's claim must be dismissed." Id. Like the plaintiff in Martin, Mr.

LANG v. SPRINGFIELD SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Apr 25, 2024

“Most cases” turn on a plaintiff’s ability to establish pretext. Id. … Lang, the facts clearly establish the opposite. Internal documentation shows that the District decided to transfer Mr. Lang at least as early as March 26, 2021, nearly two weeks before it learned that Mr.