Case law

Bequeath v. L.B. Foster Co.

367 F. Supp. 2d 779 · District Court, W.D. Pennsylvania · Apr 25, 2005

Prima Facie Case In order to establish a prima facie claim for age discrimination, a plaintiff must demonstrate that: 1) she was at least 40 years of age at the time of her discharge, 2) she was qualified for the position … Consequently, the Plaintiff argues that the presentation of a last chance agreement, which is based upon prior violations that never occurred, is clearly inconsistent with the spirit of a last chance agreement.

Martin v. Davison

322 F. Supp. 318 · District Court, W.D. Pennsylvania · Jan 13, 1971

As well said by Judge Cooley, ‘The right to one’s person may be said to be a right of complete immunity: to be let alone.’ ” Recently, in Rowan v. … Clearly, the defendants have not met their substantial burden of showing justification.

Pittsburgh & New England Trucking Co. v. United States

345 F. Supp. 743 · District Court, W.D. Pennsylvania · Oct 16, 1972

But it is a well-established feature of the regulatory scheme as intended by Congress. … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity

MILLER-BELL v. HALL

District Court, W.D. Pennsylvania · Aug 9, 2023

“To state a claim under Title II of the ADA, [a plaintiff] must establish: ‘(1) [s]he is a qualified individual; (2) with a disability; (3) who was excluded from participation in or denied the benefits of the services, … Miller-Bell has not pleaded any facts tending to show that she is a qualified individual with a disability.

Prise v. Alderwoods Group, Inc.

657 F. Supp. 2d 564 · District Court, W.D. Pennsylvania · Sep 21, 2009

There *589 fore, Herman’s alleged statement to Mizel does not qualify as direct evidence of discrimination. … In order to establish that she was constructively discharged, Rady must demonstrate that her working environment at Alderwoods had become “so intolerable that her resignation qualified as a fitting response.”

LAYMAN v. DUNBAR TOWNSHIP

District Court, W.D. Pennsylvania · Mar 18, 2024

It is well established that by itself, § 1983 does not create any rights, and instead provides a remedy for violations of those rights created by the Constitution or federal law. See Baker v. … The Housing Quality Standards required that qualifying apartments have a smoke detector and an alternative means of exist in case of a fire. Id.

WASHINGTON v. COMER

District Court, W.D. Pennsylvania · Jul 22, 2024

An example of the first is where a defendant enjoys immunity from suit, and an example of the second is a claim describing a factual scenario which is fanciful or delusional. Id. … Plaintiff has an obligation to plead sufficient facts to establish that this court has subject matter jurisdiction over the lawsuit.

Lord Mfg. Co. v. Nemenz

65 F. Supp. 711 · District Court, W.D. Pennsylvania · Apr 26, 1946

Hence, before a veteran is deprived of reemployment rights, it must be shown clearly that the employment he left to enter active military service was ‘temporary.’ … How far that differed from his position, had he remained actively at work, does not appear; but clearly the amendment presupposed that a difference there might be.

Pittsburgh & Lake Erie Railroad v. United States

294 F. Supp. 86 · District Court, W.D. Pennsylvania · Nov 25, 1968

Following the establishment of the trust, C. & 0. (which now controls B. & 0.) acquired some 20.83% of Western Maryland stock. … Moreover, it is clear that to obtain the benefit of the immunity procedure under Section 5 in its present form, the provisions of the immunizing statute must be strictly complied with. United States v.

Pittas v. Hartford Life Insurance

513 F. Supp. 2d 493 · District Court, W.D. Pennsylvania · May 17, 2007

The qualifying statement following the suggested response of “Yes” goes to bad faith and not to the breach of contract claim. Id. … it did qualify.

KASTLER OF THE FAMILY JOSEPH v. WASHINGTON COUNTY DOMESTIC RELATIONS UNIT

District Court, W.D. Pennsylvania · Jan 28, 2020

Bravo, 321 F.3d 663, 668 (7th Cir. 2003) (“Filing a case under a false name deliberately, and without sufficient justification, certainly qualifies as flagrant contempt for the judicial process and amounts to behavior that … (See id. at 2 (“Fraudulent deceit was used so Domestic Relations Title IV- D services would meet its quota for paternity establishment”).)

IQBAL v. BPOA, PA STATE BOARD OF MEDICINE

District Court, W.D. Pennsylvania · Dec 27, 2023

As Defendants note, however, Plaintiff’s position is contrary to established case law. “Federal law governs a cause of action’s accrual date. … The BPOA and the Board alternatively argue that the Court should abstain from exercising jurisdiction and Cokus argues that he is entitled to qualified immunity. The Court need not reach these arguments.

Ascheim v. Quinlan

324 F. Supp. 789 · District Court, W.D. Pennsylvania · Mar 19, 1971

While the number of sympathizers present was not clearly established, somewhat more than fifty appears to be an accurate estimate. The hearing room was not a large one and it was overcrowded. … The plaintiffs contend that this case establishes their eligibility for the injunctions which they now seek. Careful analysis of the Dombrowski doctrine reveals that in order to qualify the plaintiffs must show that: 1.

United States v. Wattsburg Area School District

429 F. Supp. 1370 · District Court, W.D. Pennsylvania · Apr 18, 1977

By comparing objective criteria, Mary Schaaf was in 1975 a more qualified teacher applicant than Kurt Anthony. … The facts clearly show that Mr. Shreve had resigned on April 28, 1975 (defendant’s Exhibit 3), that assistant superintendent Hurlburt knew about this on April 30, that Mr.

SIMPSON v. DAVENPORT

District Court, W.D. Pennsylvania · Nov 17, 2021

bars official capacity Bivens claims, (ii) Simpson has failed to allege a violation of his constitutional rights, and (iii) Defendants are entitled to qualified immunity. … ’ entitlement to qualified immunity.”

CARNEVALE v. DIGIOVANNI

District Court, W.D. Pennsylvania · Aug 17, 2023

App’x 811, 819 n.4 (3d Cir. 2004) (Noting that “‘a contention in a brief ‘clearly ... may not’ be used to ‘substitute for an allegation in a complaint’”)(quoting Williams v. … As the United States points out, many of the allegations of the Amended Complaint clearly relate conduct by Petraitis that represents the permissible exercise of judgment.

F.B. Leopold Co. v. Roberts Filter Manufacturing Co.

882 F. Supp. 433 · District Court, W.D. Pennsylvania · Mar 10, 1995

The Court reasoned that the challenged communication must bear a certain relationship to the proceedings in order to qualify as privileged. Id. … Leopold clearly has the dominant market share (approximately 80 percent in the past two or three years) for underdrain systems. Roberts clearly had most of the remainder of the market.

Nicolette v. Caruso

315 F. Supp. 2d 710 · District Court, W.D. Pennsylvania · Nov 4, 2003

Plaintiff next attempted to gain approval to establish a collection and recycling facility on the same site. Id. ¶ 31. … The Local Government Antitrust Act (“LGAA”), 15 U.S.C. § 35 , however, grants local government officials immunity from damages under the Clayton Act.

Mason v. Calgon Corp.

63 F.R.D. 98 · District Court, W.D. Pennsylvania · Apr 30, 1974

The burden to establish that all of the requirements of Rule 23(a) have been satisfied rests with the plaintiff. 3B Moore, Federal Practice, Par. 23.-02-2, 23.05 (2 Ed. 1969). … There is the further legal doctrine which clearly applies to the case sub judice, and that is, that the result to be attained by the Plaintiff, i. e. damages for racial discrimination, would not effectively protect the entire

WOODARD v. EVANS

District Court, W.D. Pennsylvania · May 10, 2023

Cnty. of Orange, 844 F.3d 1112, 1117 (9th Cir. 2017) (“Like the interests of criminal defendants, the fundamental liberty interests of parents and their children in their familial relationship has long been clearly established … Judge McVay Is Likely Immune From Suit Turning to the issue of Judge McVay’s immunity, the necessary analysis is brief.