Case law

ALI v. CARNEY

District Court, E.D. Pennsylvania · Dec 14, 2020

Shabazz, 482 U.S. 342, 348 (1987) (“Inmates clearly retain protections afforded by the First Amendment, . . . including its directive that no law shall prohibit the free exercise of religion.”) (citations omitted). … To establish a basis for a Fourteenth Amendment violation, a prisoner must allege that his conditions of confinement amount to punishment. Bell v. Wolfish, 441 U.S. 520, 538 (1979).

Hiriam Hicks, Inc. v. Synagro WWT, LLC

867 F. Supp. 2d 676 · District Court, E.D. Pennsylvania · May 31, 2012

Hicks suggested it very clearly. … Hicks suggested it very clearly.

R.B. v. DOWNINGTOWN AREA SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Dec 23, 2020

The District’s motion will be denied because the Hearing Officer did not clearly err in finding a denial of FAPE for the 2016-17 and 2017-18 school years. … Nov. 29, 2011) (“Although the[] [IEPs] state that ‘a baseline for this goal will be established by the end of January 2009,’ they nonetheless set forth measurable goals. . . .

DOE v. THE HOSPITAL OF UNIVERSITY OF PENNSYLVANIA

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

The ADA mandates that “an employer cannot discriminate against a qualified individual with a disability because of his disability with regard to his employment.” McCall v. … As a matter of pleading, Lange clearly alleges that she has a condition that results from physical impairment.” Id.

LARA v. SAMUEL ADAMS PENNSYLVANIA BREWERY COMPANY, LLC

District Court, E.D. Pennsylvania · Sep 1, 2020

Under this framework, the plaintiff must first establish a prima facie case of discrimination . . . . … The answer with respect to Lara’s Title VII claims is clearly no. “Congress did not intend to hold individual employees liable under Title VII.” Sheridan v. E.I.

FEREBEE v. MACKLIN

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

Barnes—arguing that the Amended Complaint lacks allegations that those individuals were personally involved in the deprivation of Plaintiff’s property, that they are entitled to qualified immunity, and that the official … “A policy is made when a decisionmaker possessing the final authority to establish municipal policy with respect to the action issues a final proclamation, policy or edict.” Natale v. Camden Cty. Corr.

MILLS v. CITY OF PHILADELPHIA

District Court, E.D. Pennsylvania · Oct 5, 2023

Thus, Mills has failed to establish a genuine material dispute on this element. C. … immunity.

BAIR v. SOLANCO SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Jul 10, 2020

they are qualified to continue the pursuit of their education; and 4. … Because N.Y.’s alleged conduct was clearly intentional, a negligence claim is not See Lujan v.

ERDREICH v. CITY OF PHILADELPHIA

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

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 … “If a proposed amendment is not clearly futile, then denial of leave to amend is improper.” 6 Wright, Miller & Kane, Federal Practice & Procedure § 1487 (2d ed.1990); Synthes, Inc. v.

MARTIN v. SAUL

District Court, E.D. Pennsylvania · Dec 16, 2021

It may be appropriate for a doctor or other qualified expert to form an opinion that one would expect to see a more aggressive treatment history for a medical issue. … Apfel, 225 F.3d 310, 320 (3d Cir. 2000) (awarding benefits when delays were not attributable to the claimant, the record was unlikely to change, and substantial evidence established that claimant suffered from a severe

LABORATORY CHARTER SCHOOL v. A.L.L.

District Court, E.D. Pennsylvania · Jun 12, 2025

A.L.L. had been a student at Lab Charter, where he qualified for special education services. … The decision itself repeats the statutory terminology; on the first and last pages, it clearly states that the “date of decision” is June 21, 2024. DI 5 at 20, 48.

CLARK v. ALIGHT SOLUTIONS, LLC

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

December 14, 2022 This action involves the pro se plaintiff’s claim that the defendants did not comply with a state-court issued qualified domestic relations order when they continued to pay his ex-wife certain benefits … party” posting as the attorneys for the Co-Defendants, or [provided] restated misstated misapplied Court doctrines . . ., putting [him] on the defensive even though the facts and evidence of the case were both obvious and clearly

MINEHAN v. MCDOWELL

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

The parties do not dispute this element because Christi is clearly an employer. from his funds or from amounts withheld from the employe[e]’s pay by the employer.” Id. … contract action to recover $226,385.67, Minehan would clearly be subject to collateral estoppel principles and could not take the position that he does not owe this amount to Christi.

KELERCHIAN v. BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES

District Court, E.D. Pennsylvania · Feb 8, 2023

Accordingly, the case shall be dismissed because Kelerchian has failed to establish that his application was pending. … ATF’s actions, or lack thereof, here do not qualify as a final agency action. Bean, 537 U.S. at 75-76.

JONES v. GEICO CHOICE INSURANCE COMPANY

District Court, E.D. Pennsylvania · Jul 27, 2022

Thus, quite clearly, the insurance commissioner contemplated that there might be other scenarios in which a single-vehicle policyholder receives stacked benefits but, in this statement, only named two explicitly. … Consider now a scenario in which an insured moves into a household and qualifies as an insured under another policy in that household.

JACKSON v. ROSEN

District Court, E.D. Pennsylvania · Aug 28, 2020

Rosen qualified, however, that Jackson was not to “leave 4 In this portion of the amended complaint, Jackson states that Rosen misrepresented that Jackson was not the owner of the apartment, never stated Jackson committed … Mar. 13, 2019) (finding that “Plaintiff has clearly stated plausible claims for relief regarding violation of Fourteenth Amendment procedural due process rights” where she “was detained for almost two months before she

ATTIAS v. 532 BROOKLYN, LLC

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

“Unless otherwise agreed, a course of dealing between the parties gives meaning to or supplements or qualifies their agreement. … Nor do they establish that they were unable to obtain the needed information during discovery.

A.T. v. OLEY VALLEY SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Dec 7, 2021

The parties agree the standard under both of these statutes requires Plaintiffs to show O.T. “(1) has a disability; (2) was otherwise qualified to participate in a school program; and (3) was denied the benefits of the … The OVSD clearly could not, however, accommodate or provide a full-time emotional support setting. N.T., Due Process Hearing, Allysa Wenrich, Pl.

ROSEBORO v. TICE

District Court, E.D. Pennsylvania · Feb 14, 2025

“Clearly established” federal law consists only of “the holdings, as opposed to the dicta, of [the Supreme] Court’s decisions.” Andrew v. White, No. 23-6573, 604 U.S. ---, slip op. … And while Dunlap was qualified at trial as an expert witness in the field of forensic video technology, (Jury Trial Tr.

FOSTER v. DEMK, LLC

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

“Unless otherwise agreed, a course of dealing between the parties gives meaning to or supplements or qualifies their agreement. … Nor do they establish that they were unable to obtain the needed information during discovery.