Case law

Phinizy v. Pharmacare

569 F. Supp. 2d 512 · District Court, W.D. Pennsylvania · Jul 24, 2008

Pharmacare further argues that plaintiff cannot establish a pri-ma facie retaliation case nor demonstrate that Pharmacare’s articulated reason for her termination was pretextual. … Clearly Phinizy did not affirmatively request FMLA leave for the subject absences, though she was at least minimally aware of the right to same, having inquired about its availability on three prior occasions.

Lee v. United States Government

497 F. Supp. 180 · District Court, W.D. Pennsylvania · Jul 15, 1980

The government contends there is no constitutional right to be immune from taxes. The power to tax is a legitimate exercise of the government that overrides individual preference. … Clearly the granting of the exemption does not interfere with the establishment or preservation of the general welfare of the public.

Presque IsleColon & Rectal Surgery v. Highmark Health

391 F. Supp. 3d 485 · District Court, W.D. Pennsylvania · Jul 22, 2019

No. 47-2. 14 Through *507 DOH's approval, Highmark asserts, "any allegedly anticompetitive terms in the PPA are immune from antitrust liability." Dkt. No. 47 at 24. … The Supreme Court has devised "three approaches" to analyzing a Parker doctrine defense: "(1) ipso facto immunity, (2) Midcal scrutiny, and (3) Hallie scrutiny." Edinboro Coll.

Monal Construction Co. v. Brookside Ltd. Partnership

539 F. Supp. 478 · District Court, W.D. Pennsylvania · May 19, 1982

A review of the statutes creating those funds, establishes that each fund was created for a specific purpose and that the monies therein are not generally available for any debt of HUD. … In addition to being considered a grant of capacity, the language of these statutes has also been determined to constitute limited grants of sovereign immunity. See, FHA v.

United States v. Parcel of Real Property Known as 3201 Caughey Road

715 F. Supp. 131 · District Court, W.D. Pennsylvania · Jun 28, 1989

We conclude that the relevant inquiry herein, is that which was clearly provided for by Congress— whether Jeannine Thomas can establish by a preponderance of evidence that she did not have knowledge of or consent to Ronald … Therefore, as a matter of law, Jeannine does not qualify as an innocent owner as contemplated in § 881(a)(7), and her interest in both properties is forfeitable.

United States v. Sams

219 F. Supp. 164 · District Court, W.D. Pennsylvania · Jul 18, 1963

The jury in the case at bar was selected in accordance with the long established practice of this Court. … Even if the races were run with toy horses and the winner determined by use of a mechanical device, the defendants *169 would not be immune from the gambling tax unless they qualified for exemption under the provision which

Bollen v. National Guard Bureau

449 F. Supp. 343 · District Court, W.D. Pennsylvania · Apr 13, 1978

Greenlief, Chief, National Guard Bureau, which stated: “In order to clearly establish their [air technician officers employed prior to July 1, 1955] status, the National Guard Bureau proposes to forward a one time list to … McElroy, 367 U.S. 886, 895 , 81 S.Ct. 1743 , 6 L.Ed.2d 1230 (1961), but clearly a proceeding pursuant to ANGR 36-06 falls far short of that required.

HARPER v. ALLEGHENY COUNTY

District Court, W.D. Pennsylvania · Apr 1, 2025

Further, at the time of Decedent’s incarceration, clearly established law imposed liability on non- medical prison officials who fail to act when they have a reason to believe that medical personnel were mistreating or not … Qualified Immunity The County Defendants argue that the doctrine of qualified immunity bars Plaintiff’s claims against Warden Harper.

COMER v. AMERICAN TRANSMISSION SYSTEMS, INCORPORATED

District Court, W.D. Pennsylvania · May 29, 2025

Additionally, for Plaintiff’s claim against Krauss personally, the Court likewise determines that amendment is not clearly futile. … That is not to say that an indemnity agreement must specifically waive immunity provided by § 481, but “the intent to indemnify against claims by employees of the alleged indemnitor … must clearly appear from the terms

Brown v. Wilson

363 F. Supp. 707 · District Court, W.D. Pennsylvania · Aug 24, 1973

The defendant in the suit was an attorney that plaintiff has (attempted to sue in federal court) but was unable to obtain relief as the federal court concluded that the attorney was immune under federal law. … Clearly, more than mere conclusions are required. Inland Freight Lines v. United States, 202 F.2d 1969 (C.A. 10 1953). Facts including time, place, persons, and circumstances must be set forth. Hodgson v.

United States Department of Transportation ex rel. Arnold v. CMC Engineering, Inc.

947 F. Supp. 2d 537 · District Court, W.D. Pennsylvania · May 28, 2013

As he reads it, the qualifications of the minimum number of inspectors determined by Table A can be established only by referencing Tables B and C. … Moreover, the Scope of Work very clearly stated that no inspector could work on a *545 PennDOT project without PennDOT’s approval of the inspector’s credentials.

United States v. Conley

859 F. Supp. 909 · District Court, W.D. Pennsylvania · Jul 22, 1994

The eases clearly indicate that the issue is to be so determined. Compare Wayte v. … statutes not affording immunity from federal prosecution.

Johnson v. University of Pittsburgh

435 F. Supp. 1328 · District Court, W.D. Pennsylvania · Aug 1, 1977

Heath extended offers clearly meet the criteria which he had established for the departmental mission. 37. Since much has been made of the attempt to hire Dr. … Johnson also attempted to establish that she was conducting research concerning sickle cell anemia in 1971.

Schulze v. Legg Mason Wood Walker, Inc.

865 F. Supp. 277 · District Court, W.D. Pennsylvania · Sep 14, 1994

Taylor, 481 U.S. 58, 65-66 , 107 S.Ct. 1542, 1547-48 , 95 L.Ed.2d 55 (1987) (some citations omitted). 5 Unless “Congress has clearly manifested an intent to make causes of action within the scope of the civil enforcement … Although such third parties are immune from liability under 26 U.S.C. § 6332 (e), that is a separate statute.

Allstate Insurance v. Seelye

198 F. Supp. 2d 629 · District Court, W.D. Pennsylvania · Apr 30, 2002

Finally, when state law is well established, there is even less reason for federal district courts to exercise jurisdiction over a declaratory judgment action, and, thus, district courts should rarely do so. See id. … Thus, although there is no parallel state court proceeding pending in this case, that factor is not determinative, and in the court’s view, the absence of a parallel state proceeding is clearly outweighed by the lack of any

WANAMAKER v. D.O.C.

District Court, W.D. Pennsylvania · Nov 2, 2022

immunity from liability for money damages when their conduct does not violate clearly established legal rights. … If some further remedy were called for, its novelty alone would provide the defendants with the defense of qualified immunity to a damages suit.

Zubik v. Sebelius

911 F. Supp. 2d 314 · District Court, W.D. Pennsylvania · Nov 27, 2012

Next, any decision clearly requires further factual development as the current controversy at this time is based on contingent facts. … Sept. 28, 2012), in which the plaintiff, a secular, for-profit company, did not qualify for any exemptions.

Miezio v. Pennsylvania

626 F. Supp. 691 · District Court, W.D. Pennsylvania · Dec 9, 1985

All of the testimony establishes that Mrs. Miezio was calm and coherent by the time police arrived on the scene. … immunity). .

Highland Tank & Mfg. Co. v. PS International, Inc.

246 F.R.D. 239 · District Court, W.D. Pennsylvania · May 31, 2007

Thus, Control Nos. 11, 12, 15, 16, 31, and 35 must be discovered unless they qualify as attorney work product. C. … Of the six documents at issue, four were clearly not prepared in anticipation of litigation.

Defiore v. City Rescue Mission

995 F. Supp. 2d 413 · District Court, W.D. Pennsylvania · Dec 12, 2013

See 42 U.S.C. 3607(a). 6 Determination of whether an entity qualifies as a religious organization is often a straightforward exercise as many organizations have been deemed clearly religious, such as churches or synagogues … However, the Court finds instructive cases in which the Court of Appeals has established a test for determining the issue under Title VII. See LeBoon, 503 F.3d at 226 .