Case law

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 .

Miller v. Indiana Hospital

562 F. Supp. 1259 · District Court, W.D. Pennsylvania · Apr 27, 1983

Clearly it cannot be said that the Hospital derives most of its revenue from the federal government. Cf. Chalfant v. … Clearly, § 1985(1) 70 is inapplicable to the instant case. That subsection only protects federal officers. Canlis v.

Krouse v. American Sterilizer Co.

984 F. Supp. 891 · District Court, W.D. Pennsylvania · Sep 30, 1996

AMSCO argues that Krouse cannot establish the prima facie element that he was qualified for the position of channel welder. … In addition, there is no evidence whatsoever of a particular “Section K” position that Krouse would have been qualified to fill, with or without accommodation and, therefore, he has not established status as a "qualified

DREW v. WALTON

District Court, W.D. Pennsylvania · May 27, 2021

Qualified Immunity Defendants also argue that they are entitled to summary judgment based upon a defense of qualified immunity as the evidence demonstrates that “there is no violation of a clearly … The Court of Appeals for the Third Circuit has instructed that: Qualified immunity has two prongs.

LILLEY v. BAISOON

District Court, W.D. Pennsylvania · Jan 19, 2022

Judicial immunity is an “immunity from suit, not just from an ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991). … Gilley, 500 U.S. 226, 231 (1991) (“One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending a long

Atkinson v. Babcock School District

460 F. Supp. 1190 · District Court, W.D. Pennsylvania · Nov 28, 1978

The Plaintiff school teacher has moved for Summary Judgment on Count 2, the § 1983 claim, suggesting that undisputed facts establish that she was denied a property right established under Pennsylvania law by official action … Clearly, the Plaintiffs’ Count 1 has failed to state a claim for which relief could be granted under the current state of Title VII law, and the Defendant’s Motion to Dismiss this count will be granted.

Marsh v. Crucible Inc. 1975 Salaried Retirement Plan

783 F. Supp. 938 · District Court, W.D. Pennsylvania · Jan 17, 1992

Perhaps sensing how flimsy the argument for a recalculation under the plain language is, the plaintiffs have devoted much more space in their briefs in an effort to convince the court that even if a recalculation is not clearly … Although the Plan does not offer any explanation for the refusal, we do not think that this single incident is sufficient to establish the futility of the established procedures, particularly since the subsequent correspondence

Allstate Property & Casualty Insurance v. Winslow

66 F. Supp. 3d 661 · District Court, W.D. Pennsylvania · Dec 15, 2014

defines “bodily injury” as: “bodily injury” — means physical harm to the body, including sickness or disease, and resulting death, except that “bodily injury” does not include: a)any venereal disease; b) Herpes; c) Acquired Immune … The duty to defend is triggered at a low threshold, and applies until the insurer can establish definitively that there is no coverage. .

MADERO v. LUFFEY

District Court, W.D. Pennsylvania · Feb 13, 2020

The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.” Id.

Carnegie Mellon University v. Marvell Technology Group, Ltd.

286 F.R.D. 266 · District Court, W.D. Pennsylvania · Aug 24, 2012

Bajorek is clearly qualified. Entirely aside from his Ph.D. in electrical engineering and business economics, Dr. … Bajorek’s report establishes why the accused technology is so valuable. (Docket No. 406 at 17). CMU claims that Dr. Bajorek’s opinions are relevant to direct infringement, indirect infringement, and damages.

Igwe v. Skaggs

258 F. Supp. 3d 596 · District Court, W.D. Pennsylvania · Jun 28, 2017

Local agencies are immune from .tort liability under section 8541 of the Tort Claims Act. 75 Section 8542 identifies exceptions to governmental immunity. … Igwe’s § 1983 state-created danger claim against Officer Skaggs (Count IV) under qualified immunity (ECF Doc. No. 49). . 42 Pa. CS.A. § 8542. . Feld v. Merriam, 506 Pa. 383 , 485 A.2d 742, 747 (1984). .

Finley v. Finch

311 F. Supp. 204 · District Court, W.D. Pennsylvania · Apr 8, 1970

A review of the medical evidence in the record clearly establishes that there is no medically determined psychiatric or organic impairment of such severity as to have precluded the plaintiff from engaging in substantial gainful … It must be remembered that hearing examiners who see the witnesses are much more qualified than a person who only reads a cold record.

Cates v. Johnson

398 F. Supp. 605 · District Court, W.D. Pennsylvania · Aug 6, 1975

The evidence clearly established that there was and still is a great deal of friction, distrust, bitterness, tenseness, and uneasiness existing between all the parties concerned. … In view of the above standards, it is quite obvious that plaintiff’s experience as a secretary in a research laboratory setting is not experience in an area of a personnel system and as such does not qualify as specialized

Bush v. Donahoe

964 F. Supp. 2d 401 · District Court, W.D. Pennsylvania · Aug 8, 2013

In order to establish a prima facie case of discrimination under the Rehabilitation Act, the employee must show: “ ‘(1) that he or she has a disability, (2) that he or she is otherwise qualified to perform the essential functions … Defendant has moved for summary judgment on her disability discrimination claim arguing that Bush has not and cannot establish that she is a qualified individual with a disability under any of the definitions of disability

FRNDAK v. PENNSYLVANIA STATE POLICE

District Court, W.D. Pennsylvania · Dec 20, 2021

Qualified Immunity with respect to Corporal Gregory Bogan Bogan argues that he is entitled to qualified immunity, which shields government officials if their actions did not violate “clearly established statutory … In analyzing qualified immunity claims, a court should consider (1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) whether that right was “clearly established

DAMAN v. ROCHESTER AREA SCHOOL DISTRICT

District Court, W.D. Pennsylvania · May 26, 2020

Qualified Immunity Superintendent Bovalino argues that as a government official sued in her individual capacity she is entitled to qualified immunity from Plaintiff’s First Amendment … Government officials enjoy qualified immunity “insofar as their conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have known.” Harlow v.

Solar Electric Corp. v. General Electric Co.

156 F. Supp. 51 · District Court, W.D. Pennsylvania · Oct 2, 1957

Plaintiff, in its brief, has referred to judicially established violations of the antitrust laws by the two defendants, General Electric and Sylvania. … In the Armstrong affidavit plaintiff’s position is clearly stated. It is the crucial point in the case. My conclusion is, however, that Judge Kloeb correctly decided a similar issue. This court concurs in his decision.

FOREMAN

District Court, W.D. Pennsylvania · Nov 24, 2025

immunity. … Appx. 61, 67 (3d Cir. 2011) (stating “[a]s there was no constitutional violation, we need not engage in an analysis of qualified immunity.”). 10

MCMILLEN v. WETZEL

District Court, W.D. Pennsylvania · Sep 22, 2021

In response, Plaintiff argues that he sufficiently pleads an ADA claim because he is a qualified individual with a disability based on his substance use disorder; he qualifies for the same treatment provided to incarcerated … Upon review, Defendants do not establish that Plaintiff fails to state a claim.

IVERS v. BRENTWOOD BOROUGH SCHOOL DISTRICT

District Court, W.D. Pennsylvania · Feb 26, 2021

According to Brentwood EMS, no genuine issues of material fact exist that would establish the gross negligence necessary to overcome the immunities provided to it under both statutes. The Court disagrees. A. … Applying these statutory definitions, for an entity to be a local authority, and thus qualify for governmental immunity, it is necessary to determine if the entity is a non-profit corporation created by a political subdivision