Case law

Acme of Precision Surgical Co., Inc. v. Weinberger

580 F. Supp. 490 · District Court, E.D. Pennsylvania · Feb 7, 1984

The government then interprets § 1491(a)(3) as a strictly limited waiver of sovereign immunity only with respect to contractual pre-award claims, over which the Claims Court has exclusive jurisdiction. … Under the facts of this case, it clearly would be inequitable, inefficient, and contrary to the intent of Congress to dismiss plaintiffs’ pre-award claims.

Desper v. Montgomery County

727 F. Supp. 959 · District Court, E.D. Pennsylvania · Jan 5, 1990

Rehabilitation Act In order to establish a claim under the Rehabilitation Act, 29 U.S.C. § 794 et seq., plaintiff must establish that (1) he is a handicapped individual within the meaning of the Act; (2) he is otherwise qualified … Plaintiff must next establish that he was otherwise qualified to return to work as an undercover narcotics officer.

Cumis Insurance Society, Inc. v. Girard Bank

522 F. Supp. 414 · District Court, E.D. Pennsylvania · Sep 8, 1981

The viability of conflicting plausible interpretations of the language at issue indicates that the defendant has failed to establish its immunity from liability. … Bradstreet, supra, 134 Pa. p. 169, 19 A. 500 ); (4) the burden to establish immunity from liability is upon the party who asserts such immunity (Dilks v. Flohr Chevrolet, supra, 411 Pa. p. 436, 192 A.2d 682 ).

Garner v. School District

63 F. Supp. 3d 483 · District Court, E.D. Pennsylvania · Oct 24, 2014

The weight of authority in the Court of Appeals for the Third Circuit (“Third Circuit”), as well as other Circuits, clearly establishes that a leave of absence for an indefinite duration is not a reasonable accommodation. … This is clearly not the case.

Vennell v. United States

36 F. Supp. 646 · District Court, E.D. Pennsylvania · Jan 27, 1941

She qualified as executrix and the will appointing her was admitted to probate on July 24, 1931. At the time of his death, Paul B. … Vennell since has duly qualified. 4. On Tuesday, June 29, 1937, the plaintiff, Leroy L. Vennell, administrator d.b.n.c.t.a. of the Estate of Paul B.

MOORE v. CITY OF PHILADLEPHIA

District Court, E.D. Pennsylvania · Jan 5, 2021

Qualified Immunity The officers assert that even if there is a triable issue as to whether they lacked probable cause in searching Mr. Moore, they avoid liability due to qualified immunity. … Qualified immunity shields government officials performing discretionary functions from civil damages provided that their conduct “does not violate clearly established statutory or constitutional rights of which

McVan v. Bolco Athletic Co.

600 F. Supp. 375 · District Court, E.D. Pennsylvania · Nov 20, 1984

Under such a standard, on-base recreational activities, such as the softball game which led to this action, are clearly “military” enough to trigger Feres’ prohibition of suits against the Government. … Feres itself establishes that the immunity doctrine it spawned applies to both sorts of military relationships.

Bennett v. Veterans Administration Medical Center & Veterans Administration

721 F. Supp. 723 · District Court, E.D. Pennsylvania · Dec 28, 1988

Plaintiff clearly made out a prima facie case. She is black, a race to be protected by the law, and a female, also protected by the law. She has established that she was fully qualified for the job. … Purely on the basis of the employment records alone it cannot be concluded that either applicant was clearly more qualified than the other for the job.

Roller v. Riley Riper Hollin & Colagreco

850 F. Supp. 2d 502 · District Court, E.D. Pennsylvania · Feb 28, 2012

It is well established that: To state a prima facie hostile work environment claim under the ADA or PHRA, a plaintiff must allege that: (1) [s/he] is a qualified individual with a disability under the ADA, (2) [s/he] was … Plaintiff herein has clearly alleged that he was qualified for the position.

Haifetz v. Rizzo

178 F. Supp. 828 · District Court, E.D. Pennsylvania · Dec 9, 1959

Haifetz himself on two or three occasions had called the Police for help in quelling disturbances occurring in front of his establishment. … The evidence clearly shows, however, that prior to the inception of the operation of the Coffee Shop, noises were minimal.

TEMPEST v. EMEIGH

District Court, E.D. Pennsylvania · Apr 11, 2022

Second, the Court declines to dismiss the Amended Complaint on qualified immunity grounds because it finds that it is premature to do so now. … The Supervisory Defendants may renew their qualified immunity argument at the summary judgment stage. See Cottman v. Farabella, Civ. A. No. 19-14122, 2021 WL 2651036, at *5 n.6 (D.N.J.

United States v. Bellafiore

322 F. Supp. 1060 · District Court, E.D. Pennsylvania · Feb 23, 1971

In order for a registrant to qualify for the status of conscientious objector, the burden is upon the registrant to first establish a prima facie right to the classification. The Supreme Court in United States v. … Bellafiore’s beliefs, as evidenced by the local board’s record, are clearly and predominately religious under Seeger , it is not necessary to discuss the registrant’s burden of establishing a prima facie case under the broadened

Lewis Ex Rel. Young v. Rendell

501 F. Supp. 2d 671 · District Court, E.D. Pennsylvania · Aug 3, 2007

to qualify for Medicaid? … Assuming arguen-do that Section 1414 "can be read plausibly as applying retrospectively,” this does not establish that the General Assembly clearly and manifestly intended Section 1414 to apply retroactively. 15 .Whether

Berger v. United States

285 F. Supp. 92 · District Court, E.D. Pennsylvania · May 13, 1968

Decedent’s will named his wife as the executrix and also as one of the three trustees of a trust which was established by the will. … Such an intention must be expressed clearly and unequivoeably. Brown’s Estate, 343 Pa. 19 , 21 A.2d 898 (1941). . See note 1 supra, and text accompanying.

Mitchell v. Hendricks

431 F. Supp. 1295 · District Court, E.D. Pennsylvania · Apr 18, 1977

Defendants Brierley and Rundle assert as well that they are immune from suit under the doctrine of sovereign immunity. As I stated earlier in this case Mitchell v. Hendricks, (E.D.Pa. C.A. … Clearly, plaintiff has not asserted any contentions regarding Rundle which rise to this level.

Hardy v. HK Porter Co., Inc.

417 F. Supp. 1175 · District Court, E.D. Pennsylvania · Jul 16, 1976

Porter intended to establish and maintain a pension plan which qualifies under the provisions of Section 401(a) of the Internal Revenue Code. 54. … The Plan clearly refers to a termination as a liquidation, merger, consolidation or other reorganization in which event accrued benefits would be distributed to participants.

Schillachi v. Flying Dutchman Motorcycle Club

751 F. Supp. 1169 · District Court, E.D. Pennsylvania · Oct 19, 1990

immunity from liability is on the party asserting such immunity, the release must be construed with every intendment against that party. … Clearly, to say that negligent conduct is not included in the language of the releases currently in issue would be incorrect, as it was held to be in Mitchell and Ness .

HAMILTON v. RADNOR TOWNSHIP

District Court, E.D. Pennsylvania · Feb 29, 2024

Finally, even assuming a Fourth Amendment violation occurred, qualified immunity would apply. … For a right to be “clearly established” in the context of qualified immunity, “‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right

Rodgers v. Parole Agent SCI-Frackville, Wech

916 F. Supp. 474 · District Court, E.D. Pennsylvania · Feb 26, 1996

Pennsylvania law clearly provides that a denial of a parole application by PBPP is not subject to judicial review. See Johnson v. … Defendants do not raise the issue of immunity. I note, however, that PBPP has been granted immunity in previous suits challenging denial of parole. See e.g. Shain v.

Doe v. Southeastern Pennsylvania Transportation Authority

886 F. Supp. 1186 · District Court, E.D. Pennsylvania · Dec 1, 1994

immunity at trial. … immunity.