Case law

CHAND v. MERCK & CO., INC.

District Court, E.D. Pennsylvania · Apr 27, 2020

Chand was merely an applicant for an “open job,” which clearly informed her that individuals requiring sponsorship could not be hired. … Chand that she was eligible and qualified to work for the company during her initial interviews on January 30, 2018, during her post-interview calls,’ “when Merck offered her job,’ and in post-offer communications.”

KATZ v. DNC SERVICES CORPORATION

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

Class counsel is both qualified and experienced, and the Court is satisfied that Ms. Katz and Swartz Swidler have adequately represented the interests of the class. C. … The Risk of Establishing Liability and Damages The fourth and fifth Girsh factors, which instruct the Court to consider the risk attendant to establishing liability and damages respectively, both weigh in

HALMAN ALDUBI PROVIDENT AND PENSION FUNDS LTD. v. TEVA PHARMACEUTICAL INDUSTRIES LIMITED

District Court, E.D. Pennsylvania · Mar 26, 2021

STANDARD OF REVIEW The PSLRA “establishe[s] a two-step process for appointing a lead plaintiff: the court 15 Although Mr. … Fourth, there is no question that Faruqi & Faruqi are qualified and experienced in securities class actions. While Mr.

HARRIS v. GARMON

District Court, E.D. Pennsylvania · Feb 15, 2022

Harris has not established a viable [c]onstitutional claim to warrant relief here.” Id. … He believes that Judge Lloret “is clearly adopting the Commonwealth’s theory of the case and disregarding the facts and the physical evidence.” Id. at 4.

HAMADOU v. SAUL

District Court, E.D. Pennsylvania · Aug 23, 2021

App’x 775, 780 (3d Cir. 2004) (“the ALJ’s mere failure to cite specific evidence does not establish that the ALJ failed to consider it”). … While the evidence upon which Hamadou relies clearly shows limitations in caring for herself, substantial evidence supports the ALJ’s determination that Hamadou’s limitations in this regard are less than marked.

Gates v. Rohm & Haas Co.

265 F.R.D. 208 · District Court, E.D. Pennsylvania · Mar 5, 2010

Cohesiveness “While 23(b)(2) class actions have no predominance or superiority requirements, it is well established that the class claims must be cohesive.” Barnes, 161 F.3d at 143 . … For example, the concept of uniform vaccinations for the entire population regardless of individual and family medical histories, immune systems, and genetic disparities is based on the concept of risk.

REYNOSO

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

Plainly, if any stamps was fabricated, this would cast grave doubt on whether Reynoso’s passport could be relied upon to establish his whereabouts on any particular day (especially decades after the fact). … Moreover, the Homicide Summary clearly identifies “Popoditto” and Garcia as two different people. (See Doc. No. 71-1 at 3.)

Kutty v. Sap America, Inc.

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

After her termination, her “accounts were given to one or more of her Caucasian male coworkers even though he/they were less experienced and less qualified to manage the accounts.” … However, to find that an oral modification exists, the parties’ conduct must “clearly show[ ] the intent to waive the requirement that the amendments be made in writing.” Id.

GREENWALD CATERERS INC v. LANCASTER HOST LLC

District Court, E.D. Pennsylvania · Apr 22, 2022

See, e.g., id. at 160 (“The defendant’s competition with the plaintiff has been clearly unfair and malicious.”). … It then goes on to claim that Lancaster Host has “not shown that it is immune from suit for such code violations.” Id.

PRATT v. SAUL

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

It was also noted that Y.D.C.Q. was beginning to establish “solid, therapeutic relationships with STS staff.” (R. 645). … The ALJ also determined that the school-based services and outpatient mental health treatment clearly helped with his emotional problems. (Id.)

United States v. Fumo

504 F. Supp. 2d 6 · District Court, E.D. Pennsylvania · Aug 29, 2007

It was not established how long the actual assistance to Sprague lasted. (Tr. 6/26/07 at 53.) … A number are relatively inconsequential and clearly waivable in the colloquy. They are not addressed here. 8 .

ROMAN CARABALLO v. SAUL

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

On the Oswestry Low Back test, Plaintiff scored 76%, qualifying her as “crippled . . . . Back pain impinges on all aspects of the patient’s life.” (R. 511, 514-15). … The disability claimant bears the burden of establishing steps one through four.

JOHNSON v. STILLMAN LAW OFFICE

District Court, E.D. Pennsylvania · Mar 28, 2024

This argument fails because Stillman Law does not need personal knowledge that the transaction occurred; other admissible evidence establishes as much. (See Doc. … Although Johnson’s deposition reads like he is trying to teach a Master Class in semantics and word play, he does clearly deny ever having applied for the Citizens Bank loan. (See Johnson Dep. Tr. at 42:23–25 (“Q.

HOLMES

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

The ALJ then 620 C.F.R. § 404.350(a)(5) creates other methods of qualifying for CDB, that are not relevant to the present case. … Plaintiff’s anxiety had clearly not improved. The progress note is replete with indications that Plaintiff’s anxiety had increased. See id. at 1057 (“Anxiety has been an issue,” “Persistent worry.

ANDERSON

District Court, E.D. Pennsylvania · Aug 19, 2026

Supp. 3d 369, 406-411 (E.D.N.Y. 2023) (denying summary judgment on defendant corrections officer’s claim of qualified immunity from failure-to-protect claim that he identified pretrial detainee as a snitch prior to his … Dec. 18, 2018) (“[B]eing denied a shower for four days does not constitute a serious enough deprivation of sufficient duration to establish a constitutional violation”) (citing cases); Barndt v.

Fraternal Order of Police Pennsylvania v. TOWNSHIP OF SPRINGFIELD

District Court, E.D. Pennsylvania · Apr 6, 2023

Because the PBA seeks the protective order, it “bears the burden of establishing that good cause exists” for its entry. Knaupf v. … As currently phrased, the request clearly goes beyond a request for agreements about attorneys’ fees.

K.S. v. UPPER DARBY SCHOOL DISTRICT

District Court, E.D. Pennsylvania · Sep 20, 2021

For Philadelphia, “[t]he fee schedule established by Community Legal Services, Inc. … A parent of a disabled child qualifies as a prevailing party if he or she secured some of the relief that they sought. See John T. v. Del. Cnty. Interm.

MAUTHE v. MILLENNIUM HEALTH LLC

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

If Congress has spoken clearly and unambiguously, “the clear intent of Congress binds both the agency and the court.” Id. (citation omitted). … The court concludes that Congress spoke clearly in defining the term “unsolicited advertisement.”

PARAMOUNT FINANCIAL COMMUNICATIONS, INC. v. BROADRIDGE INVESTOR COMMUNICATION SOLUTIONS, INC.

District Court, E.D. Pennsylvania · Jul 26, 2023

It is then up to the party who calls the expert to introduce other evidence establishing the facts assumed by the expert.”). … “The rationalization for, and use of, the remittitur is well established as a device employed when the trial judge finds that a decision of the jury is clearly unsupported and/or

METZGER v. KIJAKAZI

District Court, E.D. Pennsylvania · Nov 29, 2022

The disability claimant bears the burden of establishing steps one through four. … To meet this burden, the claimant must establish all the requirements of the relevant listing.