Case law

Porter v. BROADSPIRE AND THE COMCAST LONG TERM DISAB. PLAN

492 F. Supp. 2d 480 · District Court, W.D. Pennsylvania · Mar 15, 2007

A review of the letters from Broadspire clearly indicates that they considered additional evidence. See, Docket No. 27-1, pp. 16-17 (R. 348-49), pp. 31-32 (R. 402-03), and pp. 40-41 (R. 469-70). … or may reasonably become qualified based on training, education or experience.

MUNDY v. CITY OF PITTSBURGH

District Court, W.D. Pennsylvania · Jun 8, 2022

In order to establish an ADA Failure to Accommodate claim, Ms. Mundy must demonstrate that she is a qualified individual with a disability. As discussed above, Ms. … Mundy must demonstrate that she is a qualified individual with a disability. As discussed above, a temporary or nonpermanent condition cannot establish substantial impairment for the purposes of the ADA.

SHAREEF v. PALKO

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

Eleventh Amendment immunity may be lost only in one of two ways: (1) if the Commonwealth waives its immunity; or (2) if Congress abrogates the States’ immunity pursuant to a valid exercise of its power. … Therefore, judicial immunity applies to bar Plaintiff’s claims.5 C.

HOFFMAN v. COMMISSIONER OF SOCIAL SECURITY

District Court, W.D. Pennsylvania · Sep 30, 2024

The basis for the ALJ’s findings were therefore clearly explained and supported by substantial evidence. … To qualify for DIB, Plaintiff had to establish that he had disability insured status at the time he became disabled. See 20 C.F.R. § 404.131.

Geneva College v. Sebelius

960 F. Supp. 2d 588 · District Court, W.D. Pennsylvania · Jun 18, 2013

The adopted final regulations (the “final regulations”) contain a temporary enforcement safe harbor provision for nongrandfathered plans that do not qualify for the religious employer exemption. Id. … Holder, 766 F.Supp.2d 16, 43 (D.D.C.2011) (acknowledging that, in the context of the ACA, “the Government clearly has a compelling interest in safeguarding the public health by regulating the health care and insurance markets

WASHINGTON v. WETZEL

District Court, W.D. Pennsylvania · Apr 29, 2020

Chesmer maintains that he received training on working in the RHU and with Level 5 inmates, and, in February of 2018, he was qualified to work in any RHU or Level 5 housing unit. Id., ¶ 14. … Nevertheless, to plead a cause of action under Ex parte Young, a plaintiff must establish a present violation of federal law. See B.H. Papasan v.

Moussa v. Pennsylvania Department of Public Welfare

289 F. Supp. 2d 639 · District Court, W.D. Pennsylvania · Oct 23, 2003

The Court does not perceive any serious dispute on this record as to the fact that Plaintiff (an Egyptian-born individual) was adequately qualified as a staff physician and that Polk continued to need similarly qualified … This evidence therefore fails to establish a pro-American bias on the part of DPW.

TRAINOR v. WELLPATH

District Court, W.D. Pennsylvania · Sep 1, 2021

Sovereign immunity under Pennsylvania law provides state officials and employees with broad immunity from most state-law tort claims when “acting within the scope of their duties…except as the General Assembly shall specifically … waive the immunity.” 1 Pa.

Pursell v. Horn

187 F. Supp. 2d 260 · District Court, W.D. Pennsylvania · Feb 1, 2002

Pursell admits that the Court’s decision was not “contrary to” “clearly established Federal law.” Dkt. no. 26, at 94. This is a wise concession. … Accordingly, the Pennsylvania Supreme Court’s refusal to presume prejudice was not an unreasonable application of clearly established federal law.

FINNEGAN

District Court, W.D. Pennsylvania · May 18, 2026

Any amendment of the § 1983 claim was deemed futile because none of the named defendants qualify as state actors or acted under color of state law. … These are the basic elements of the claim, and Plaintiff has not alleged facts sufficient to plausibly establish them.

BARONE v. ALLEGHENY COUNTY

District Court, W.D. Pennsylvania · Aug 14, 2025

(citation omitted)). 11 Defendants raise qualified immunity, and the Court acknowledges that “the Supreme Court has repeatedly stressed the importance of resolving qualified immunity ‘at the earliest possible stage in … However, the Court will not address Defendants’ qualified immunity argument at this time in light of its ruling on Defendants’ motion on the bases already stated.

MCCAFFERTY v. WOLF

District Court, W.D. Pennsylvania · Apr 9, 2021

of his establishments in the Open & Certified Pennsylvania program, which, pursuant to Amended November Orders, would allow Plaintiff to operate his establishments at up to 75% of the stated fire code maximum … Encapera, 758 Fed.Appx. 252, 255–56 (3d Cir. 2018) (rejecting due process claim on qualified immunity grounds because right to pursue occupation free from brief interruption caused by government action was not clearly established

Armbruster v. Erie Civic Center Authority

937 F. Supp. 484 · District Court, W.D. Pennsylvania · Sep 30, 1995

group; (2) was qualified to perform the job at issue; (3) was discharged despite being qualified for the position; and (4) was replaced by another employee sufficiently younger to permit an inference of age discrimination … At least with respect to the Lake Erie Ballet contract, the misprint clearly resulted in a compromise in the amount of surcharge, albeit at Eaton’s ultimate direction.

Presidential Candidate P60005535 v. Kim Kardashian, et al.

District Court, W.D. Pennsylvania · Dec 16, 2025

A claim is frivolous if it: (1) is based upon an indisputably meritless legal theory and/or, (2) contains factual contentions that are clearly baseless. Neitzke v. Williams, 490 U.S. 319, 327 (1989). … Nor has Emrit established standing relative to his complaints about Kardashian emasculating “weak” men.

United States v. Ohio Barge Lines, Inc.

432 F. Supp. 1023 · District Court, W.D. Pennsylvania · Jun 9, 1977

Although there is a recognized conflict among the Circuits as to whether or not a sunken vessel qualifies as an “obstruction” in § 10, in Wyandotte Transportation Co. v. … Given the broad yet clearly rational interpretation, the defendant Ohio Barge cannot claim that the Government has no in personam cause of action against it.

BLAN v. CLASSIC LIMOUSINE TRANSPORTATION, LLC

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

Blan qualifies as an employee under FLSA to claim consideration for overtime pay. Thus, Mr. … Such evidence is not sufficient to establish any question of fact regarding the Enterprise factors. Testimony by Mr.

PUMPHREY

District Court, W.D. Pennsylvania · Mar 31, 2026

“The burden is on the plaintiff to establish the existence of federal jurisdiction.” McCracken v. ConocoPhillips Co., 335 F.App’x. 161, 162-163 (3d Cir. 2009) (citing Packard v. … In this regard, the Court finds all of the following: • the judicial defendants are entitled to absolute judicial immunity, Azubuko v.

EAKIN v. BOROUGH OF POLK

District Court, W.D. Pennsylvania · Dec 9, 2020

The Court of Appeals for the Third Circuit has clearly held that “the Fourth Amendment is not violated when an otherwise-valid arrest is secured in contravention of a state law regulating the intrastate rules of municipal … As Plaintiff has not alleged sufficient facts to prove any violation of his Constitutional rights, the Court need not address Defendants’ qualified immunity arguments at this time.

BORGHESE LANE, LLC

District Court, W.D. Pennsylvania · Mar 2, 2023

Mancini’s opinion, “Clearly, he had no cause for great alarm,” will be excluded. … A witness may be qualified to serve as an expert in one discipline, but not in another. Kumho Tire Co. v. Carmichael, 526 U.S. 137, 150 (1999).

Mitchell v. City of Pittsburgh

995 F. Supp. 2d 420 · District Court, W.D. Pennsylvania · Jan 17, 2014

To establish a prima facie case of unlawful employment discrimination in a termination or discipline case, the plaintiff must show (1) he belongs to a protected class, (2) he was qualified for the position, (3) he was subjected … Here, the City met this burden by “explaining clearly the nondiscriminatory reason ... for its action.”