Case law

Miller v. Yellow Freight Systems, Inc.

758 F. Supp. 1074 · District Court, W.D. Pennsylvania · Feb 22, 1991

Waters, 438 U.S. 567, 575-76 , 98 S.Ct. 2943, 2948-49 , 57 L.Ed.2d 957 (1978), Miller must show: (1) that he belongs to a protected class; (2) that he was qualified for the job from which he was discharged; (3) that he was … Co., supra, 860 F.2d at 1215-16, made this point very clearly in rejecting a similar argument that a performance evaluation prepared three weeks after the filing of an EEOC age discrimination charge could be presumed to have

Wetzel v. Liberty Mutual Insurance

449 F. Supp. 397 · District Court, W.D. Pennsylvania · Apr 17, 1978

Plaintiffs, of course, contend that they have clearly established the following facts: “26. Claims representatives exercise the same degree of skill, effort and responsibility as do claims adjusters. 27. … Women who would not, for any reason, have qualified for or been hired to fill the jobs which were held only by men even were those positions open to women in general are entitled to no relief.

NEWTON v. PENNSYLVANIA STATE POLICE

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

Under these circumstances, the evidence viewed in the light most favorable to Newton as the verdict winner establishes that Newton was “otherwise qualified” for his position because he could perform his job with or without … ” as a “Trooper assigned to the position of Procurement and Supply Officer,” Newton must also establish that he was “otherwise qualified” as a Trooper.

JAGER v. DEPARTMENT OF ENVIRONMENTAL PROTECTION

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

Under the pleading regime established by Twombly and Iqbal, a court reviewing the sufficiency of a complaint must take three steps.* See Ashcroft v. … (c) Fourteenth Amendment: Substantive Due Process A violation of substantive due process occurs if a government official “engages in ‘an abuse of executive power so clearly unjustified by any legitimate objective

VOIGT v. FLUOR MARINE PROPULSION, LLC

District Court, W.D. Pennsylvania · Feb 12, 2024

, that an effective accommodation exists that would render him otherwise qualified. … that would render him otherwise qualified exists).

In re Westinghouse Securities Litigation

832 F. Supp. 948 · District Court, W.D. Pennsylvania · Jul 27, 1993

. *963 The charge taken is clearly based on economic conditions today. … The key is clearly what can be done in the near-term prior to any further deterioration. ¶ 157.

PRUITT v. T-MOBILE USA, INC.

District Court, W.D. Pennsylvania · Oct 6, 2025

Pruitt admitted to receiving two immunizations after the age of eighteen: Tdap (tetanus) in 2018 and RHO D immune globulin in 2020, despite stating the contrary in her exemption request. … Pruitt’s pregnancy discrimination claim is subject to the burden- shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). As a first step, she must establish a prima facie case.

BUTLER v. SISSEM

District Court, W.D. Pennsylvania · Feb 18, 2022

In general, the doctrine of sovereign immunity provides employees of the . … Sovereign immunity applies “except as the 1" General Assembly shall specifically waive the immunity.” 1 Pa. C.S. § 2310.

United States v. Extreme Associates, Inc.

352 F. Supp. 2d 578 · District Court, W.D. Pennsylvania · Jan 20, 2005

As stated above, the issue in this case is whether the federal obscenity statutes place a sustainable burden on an individual’s fundamental right, as clearly established in Stanley , to read, view, or think what one wants … We find that even if this interest qualifies as a compelling one, as applied to this case, the federal obscenity statutes are not narrowly drawn to serve that interest.

United States v. Gray

558 F. Supp. 2d 589 · District Court, W.D. Pennsylvania · Apr 2, 2008

The Court of Appeals reviews the resulting sentence for reasonableness and accepts the District Court’s determination of sentencing facts unless it is clearly erroneous. … Warren, 338 F.3d 258 (3d Cir.2003) (holding Defendant may not stay quiet and still qualify for the safety valve). D.

PETRI v. ERIE COUNTY CHILDREN AND YOUTH

District Court, W.D. Pennsylvania · Jul 17, 2020

Ind. 2018) (collecting cases). 9 Among other defenses and arguments, Trohoske and Daley assert that they are entitled to qualified immunity for their actions. … Despite the admonition that questions of immunity should be resolved “at the earliest possible stage in litigation,” the Third Circuit has cautioned that “it is generally unwise to venture into a qualified immunity analysis

Combs v. Homer Center School District

468 F. Supp. 2d 738 · District Court, W.D. Pennsylvania · May 25, 2006

Plaintiffs’ claims are barred by the doctrine of justification; (7) Plaintiffs consented to the requirements of the home education program of Act 169 by electing to home school their children; (8) Defendants are entitled to any immunity … Spa Athletic Club, 506 Pa. 364 , 485 A.2d 732, 735 (1984) ("Legislation will not be invalidated unless it clearly, palpably, and plainly violates the Constitution, and any doubts are to be resolved in favor of finding of

DESHIELDS

District Court, W.D. Pennsylvania · Jan 21, 2026

The immunity applies not only to the state itself, but also to state agents and state instrumentalities. … These allegations are insufficient to establish any liability on their part.

Piendak v. Local Board No. 5

318 F. Supp. 1393 · District Court, W.D. Pennsylvania · Nov 2, 1970

Clearly, this change of circumstances neither occurred after the issuance of the order to report for induction nor resulted from circumstances beyond the registrant’s control. … Consequently, plaintiff’s graduate study would not have qualified him for a II-S deferment.

REID v. VETERANS ADMINISTRATION, PITTSBURGH, PA

District Court, W.D. Pennsylvania · Jun 30, 2025

Gen. of the U.S., 655 F.3d 333, 339 (3d Cir. 2011), as amended (Sept. 19, 2011) (“The obligation to liberally construe a pro se litigant's pleadings is well-established.”). … P. 12(b)(1)6 because the United States has sovereign immunity from state-law anti-discrimination claims, the United States has not waived that immunity, and the Court therefore does not have subject matter jurisdiction

Lynn ex rel. Lynn v. Yamaha Golf-Car Co.

894 F. Supp. 2d 606 · District Court, W.D. Pennsylvania · Aug 16, 2012

However, notably absent in Beard is any determination, holding or even persuasive dicta clearly and directly contrary to Covell regarding the applicable law governing Pennsylvania products liability cases. … before he or she becomes a licensed driver, and the Court would note that if it were to extend Defendants’ theory on the unintended users of golf cars as applied to Mercedez Lynn to its logical next step, Defendants would be immune

Geibel v. United States

667 F. Supp. 215 · District Court, W.D. Pennsylvania · Aug 6, 1987

Bair, was qualified to testify only to Geibel’s psychiatric state and his testimony was in fact limited to her claim for emotional trauma. Geibel testified that, following the incident with Dr. … The record establishes with reasonable certainty that she will not incur any of these expenses. An appropriate order will be entered.

MATKOSKEY v. SOMERSET COUNTY

District Court, W.D. Pennsylvania · Feb 7, 2022

Plaintiff alleges facts and asserts principles of law without clearly differentiating between them. For purposes of evaluating a motion to dismiss for failure to state a claim under Fed. R. Civ. … ) before the establishment of paternity constituted a due process violation.

West Virginia Housing Development Fund v. Sroka

415 F. Supp. 1107 · District Court, W.D. Pennsylvania · Apr 16, 1976

Since the plaintiff has obviously not consented to a revocation, clearly Sro-ka’s letter could not operate as such. … It has also been held that such a claim by Sroka against HUD must fail because of the doctrine of governmental immunity. See Modular Technics Corp. v.

Hartman v. Switzer

376 F. Supp. 486 · District Court, W.D. Pennsylvania · May 21, 1974

The claim that legal tender is only gold and silver and the money system of the United States is unconstitutional is clearly spurious. United States v. … Sherwood, 312 U.S. 584, 586 , 61 S.Ct. 767, 770 , 85 L.Ed. 1058 (1941), “The United States, as sovereign, is immune from suit save as it consents to be sued, United States v.