Case law

MOODY v. LAVALLEY-HILL

District Court, E.D. Pennsylvania · Oct 12, 2021

any State 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 … , 2015) (finding that plaintiff’s claim that the detainer, which prevents him from posting bail, amounts to “cruel and unusual punishment” in violation of the Eighth Amendment lacks merit, as“[i]mprisonment itself is clearly

GEBRE v. PHILADELPHIA WORKS, INC.

District Court, E.D. Pennsylvania · Aug 6, 2024

I do not appreciate being sent emails like these when I am clearly doing my job – mistakes happen”; she “already answered [Mr. … Gebre must establish a prima facie case of discrimination by showing (1) she is a member of a protected class; (2) she is qualified for the position; (3) she suffered an adverse employment action; and (4) the adverse employment

NGAI v. URBAN OUTFITTERS, INC.

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

The poster was found in a secured area of the Urban offices and, therefore, was clearly posted by an Urban employee. … Georgia–Pacific Corp., 126 F.3d 506, 513 (3d Cir.1997) (“[A] plaintiff must clear a high hurdle to qualify for a mixed motives instruction”).

Cope v. HUDSON BAY COMPANY SEVERANCE PAY PLAN FOR US EMPLOYEES AMENDED AND RESTATED AS HBC US HOLDINGS LLC SEVERANCE PAY PLAN FOR US EMPLOYEES

District Court, E.D. Pennsylvania · Jan 12, 2023

Additionally, HBC’s 25% ownership stake in of Le Tote clearly does not satisfy the 80% ownership test of Section 1563(a). … “The plan administrator’s duty to administer a plan for the sole benefit of its participants is qualified by his obligations to interpret a plan consistent with the documents and instruments governing the plan.”

United States v. Pungitore

15 F. Supp. 2d 705 · District Court, E.D. Pennsylvania · Aug 5, 1998

The evidence established that La Cosa Nostra was a criminal organization structured in families throughout the United States. … The defendants, in several different closings, clearly suggested that the law enforcement personnel had fabricated testimony against the defendants.

W. v. WEST CHESTER AREA SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Sep 26, 2024

To establish a violation of Section 504, a plaintiff must prove that (1) the child was disabled; (2) the child was “otherwise qualified” to participate in school activities; (3) the school received federal financial assistance … “Neither the IDEA, its implementing regulations, nor the applicable Pennsylvania regulations establish a deadline by which children who are suspected of having a qualifying disability must be identified and evaluated.”

DOMINICI v. READING HOSPITAL/TOWER HEALTH

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

cannot establish pretext. … The Hospital does not clearly state its position as to whether the written warnings constitute adverse action. See id. 7-18 (citing, inter alia, Walker v. Centocor Ortho Biotech, Inc., 558 F.

Federal Trade Commission v. NHS Systems, Inc.

708 F. Supp. 2d 456 · District Court, E.D. Pennsylvania · Sep 24, 2009

NACHA, the electronic payments association that oversees the ACH network, has established a return-rate threshold of 1% for unauthorized debit entries. 4 NACHA also requires that the ACH network not be used to process payments … Had Teledraft clearly explained the existence of the Upstate Bank of New York to the Receiver in a timely fashion, it is clear to this court that the Receiver would have filed the appropriate paperwork within ten days.

CUSTOMS FRAUD INVESTIGATIONS, LLC v. VICTAULIC COMPANY

District Court, E.D. Pennsylvania · Sep 9, 2019

We also today award established undisputed reasonable rates for work performed by a Supreme Court advocate entirely before the Supreme Court in successfully defeating a certiorari petition. … denied Customs Fraud’s Motion for leave finding it untimely and Customs Fraud could not state a reverse False Claims Act claim based on the failure to pay marking duties because they are too attenuated and contingent to qualify

Mitchell v. Kijakazi,Acting Commissioner of Social Security

District Court, E.D. Pennsylvania · Jan 9, 2025

His speech was fluent and clearly articulated. There was a fair range of affective expression, and his mood was reasonably euthymic. He made eye contact. … He qualified for specialized transportation to and from school because of his behavior. R. 376.

Freight Innovation LLC v. Fellowship Warehousing & Logistics LLC, et al.

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

But as explained above, ownership of a corporate entity is just one consideration in the Court’s determination as to whether an individual qualifies as a closely related party. … Pa. 2002) (“The plain language of § 5104(b) clearly provides that other factors, beyond those listed, can be considered in determining whether a transfer was made with actual intent to defraud.

PEPICELLI v. INNOCOLL HOLDINGS PUBLIC LIMITED COMPANY

District Court, E.D. Pennsylvania · Mar 25, 2020

Phase I establishes proper dosage and confirms that the drug is safe to be studied. Phase II establishes clinical efficacy. … Defendants counter that the inferences Plaintiffs urge upon the Court are inapposite because the database does not purport to address which ingredients may qualify as excipients.

JOHNSON v. KERESTES

District Court, E.D. Pennsylvania · Jul 24, 2023

, if it was not, [we] must evaluate whether the state court judgment rests upon an objectively unreasonable application of clearly established Supreme … established federal law.

TESTANI v. DEMENTIA SOCIETY INC.

District Court, E.D. Pennsylvania · Feb 11, 2025

However, “[t]he employer’s privilege to dismiss an employee with or without cause is not absolute . . . and may be qualified by the dictates of public policy.” Id. at 1252-53 (quoting Shick, 716 A.2d at 1233). … As summarized above, the Complaint clearly and specifically alleges that Plaintiffs were fired for reporting Defendants’ unlawful conduct to the police. (See Compl. ¶ 83.)

Moire v. Temple University School of Medicine

613 F. Supp. 1360 · District Court, E.D. Pennsylvania · Jun 18, 1985

As a result of this and other failing or “conditional” grades, plaintiff failed to qualify for promotion to fourth-year status, unless and until she repeated her third year at Temple. … (Marshall, J., concurring in part and dissenting in part), because "some compliance with previously established rules” might be required by the Due Process Clause." Id.

GOLDSMITH

District Court, E.D. Pennsylvania · Jul 14, 2026

While directing the Court to various exhibits, he claims to have established the following: inaccurate reporting, notice, failure to investigate, continued reporting, and damages. (Id.) … Having already provided Goldsmith with the opportunity to file an amended complaint to clearly set out the factual bases of any claims he wanted to present, the dismissal will be with prejudice.

CARTER v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Jan 19, 2022

Those memoranda acknowledged that the hours that the City designated as “standby” would ordinarily qualify as overtime under the city’s Collective Bargaining Agreement. … Because the parties cannot agree to such an arrangement, any agreement that only “the hours worked between certain fixed hours of the day or only the first 40 hours of any week will be counted as working time will clearly

WINN-DIXIE STORES, INC. v. EASTERN MUSHROOM MARKETING COOPERATIVE, INC.

District Court, E.D. Pennsylvania · May 12, 2021

“Rather, the Court must only disregard statements that are clearly not based upon personal knowledge.” Id. (citing Keating v. Bucks Cty. Water & Sewer Auth., Civ. A. No. 99-1584, 2000 WL 1888770, at *4 (E.D. Pa. … This is especially so when our only alternative is to effectively immunize the transactions here from private antitrust liability, thus thwarting a vital part of the antitrust enforcement scheme and the expressed purpose

Crum & Forster Specialty Insurance Company v. Armour Risk Management, Inc., n/k/a A.G. Risk Management Inc.

District Court, E.D. Pennsylvania · Aug 20, 2026

In its complaint, Plaintiff avers that Defendant is seeking coverage for a matter that does not qualify as a timely reported “Claim” under the policy. … Based on the Court’s review of the June 2021 letter, it is apparent that the June 2021 Letter was clearly a notice – not a “written demand for money or services” such that it is a “Claim.”

LOPEZ v. NICHOLS

District Court, E.D. Pennsylvania · Nov 12, 2021

Evid. 609(b). 5 Rule 609(a)(2) is not subject to Rule 403. 6 Even if Lopez’s retail theft conviction did not qualify as a crime of dishonesty, the Court also finds it is admissible pursuant … Oct. 14, 2021) (holding that the plaintiff’s testimony was “clearly essential” to establishing his Section 1983 claim because the plaintiff’s case turned on whether the jury believed him or the police officers).