Case law

In Re Paoli Railroad Yard Pcb Litigation

916 F.2d 829 · Court of Appeals for the Third Circuit · Nov 23, 1990

He testified that as a general proposition, PCBs damage the immune systems of humans and animals because they alter the cell production and replenishment rate of immune cells, and impair the survivability of those cells. … This appears to be an accurate observation, but regardless of whether all plaintiffs alleged demonstrable physical injury, they all clearly alleged monetary injury.

Garth F. Lansaw v.

853 F.3d 657 · Court of Appeals for the Third Circuit · Apr 10, 2017

Given this history of the contempt remedy, Congress’s demonstrated ability to clearly authorize emotional-distress damages, and Congress’s waiver of sovereign immunity under the statute, the Harchar court held that emotional … The sovereign immunity canon requires that ambiguous statutory language be construed in favor of immunity. Id.

Government of the Virgin Islands v. Raphael Parrott

476 F.2d 1058 · Court of Appeals for the Third Circuit · Apr 18, 1973

The legislature may provide for trial in misdemeanor cases by a jury of six qualified persons.” 48 U.S.C.A. § 1616 . 3 For a discussion of this see Government of the Virgin Islands v. … The right to trial by jury and the immunity from prosecution except as the result of an indictment may have value and importance. Even so, they are not the very essence of a scheme of ordered liberty.

In Re Robert H. Clark, Debtor. Robert H. Clark v. Thomas J. O'neill, as Trustee. Robert H. Clark

711 F.2d 21 · Court of Appeals for the Third Circuit · Jun 29, 1983

the auspices of an insider that employed the debtor at the time the debtor’s rights under such plan or contract arose; (ii) such payment is on account of age or length of service; and (iii) such plan or contract does not qualify … The exemption of pension plans turned to a large extent on questions such as whether the debtor had a choate, vested interest in the fund or whether the state frowned on the immunity of spendthrift trusts created by a settlor

Lynn Martin, Secretary of Labor v. Bally's Park Place Hotel & Casino and Occupational Safety & Health Review Commission

983 F.2d 1252 · Court of Appeals for the Third Circuit · Feb 12, 1993

Congressional intent to override the immunity provided by the work product doctrine is clearly lacking in the OSH Act. … In this circuit we have used the term "doctrine” because it "encompasses both a limited immunity from discovery and a qualified evi-dentiary privilege." Westinghouse v.

Children First Foundation, Inc. v. Legreide

259 F. App'x 444 · Court of Appeals for the Third Circuit · Dec 20, 2007

“Thus, ‘[u]nless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.’” Id. … Thomas further clarified that, although “a plaintiff has no obligation to plead a violation of clearly established law in order to avoid dismissal on qualified immunity grounds,” “when a plaintiff, on his own initiative

New Jersey, Department of Treasury v. Fuld

604 F.3d 804 · Court of Appeals for the Third Circuit · May 17, 2010

in public service if a full trial were threatened whenever they acted reasonably in the face of law that is not ‘clearly established.’ ” Will, 546 U.S. at 352 , 126 S.Ct. 952 (citing Mitchell, 472 U.S. at 526 , 105 S.Ct. … There is no separation of powers issue, see Nixon, 457 U.S. at 748 , 102 S.Ct. 2690 , nor are there claims of qualified immunity or state sovereign immunity, see Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 ; Metcalf, 506 U.S

Hubert Daye v. The Commonwealth of Pennsylvania Mindy Meyers, an Infant, by Her Parent and Natural Guardian, Marvin Meyers v. The Commonwealth of Pennsylvania

483 F.2d 294 · Court of Appeals for the Third Circuit · Aug 3, 1973

United States, 306 F.2d 713 (3rd Cir. 1962) the Congress has enacted legislation which clearly establishes an intention that states receiving federal highway funds will waive their immunity from suit. 10 They also contend … This Court may not graft on to Congressional actions an intent which is neither expressly, nor implicitly provided. 24 Daye, in addition, contends that if there has not been a waiver of immunity, the immunity of Pennsylvania

Douglas Kunkle v. Andrea Naugle

660 F. App'x 132 · Court of Appeals for the Third Circuit · Aug 19, 2016

Second, Defendants McGinley, Berndt and Naugle, in their individual capacities, are protected by qualified immunity. … Qualified immunity protects “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Adolph Michelin v. Warden Moshannon Valley Correctional Center

Court of Appeals for the Third Circuit · Feb 2, 2026

us to resort to the sovereign immunity canon.” … We hold this provision clearly covers petitions for writs of habeas corpus from immigration detention under 28 U.S.C. § 2241, and so it waives federal sovereign immunity to the fee awards issued here.

The Barnes Foundation v. The Township of Lower Merion the Lower Merion Board of Commissioners Gloria P. Wolek, Individually and in Her Capacity as President of the Township Board of Commissioners Frank Lutz, Individually and in His Capacity as Commissioner Kenneth E. Davis, Individually and in His Capacity as Commissioner Phyllis L. Zemble, Individually and in Her Capacity as Commissioner Ora R. Pierce, Individually and in Her Capacity as Commissioner James J. Prendergast, Individually and in His Capacity as Commissioner Alan C. Kessler, Individually and in His Capacity as Commissioner Brian D. Rosenthal, Individually and in His Capacity as Commissioner Joseph M. Manko, Individually and in His Capacity as Commissioner Howard L. West, Individually and in His Capacity as Commissioner W. Bruce McConnel Iii, Individually and in His Capacity as Commissioner James S. Ettelson, Individually and in His Capacity as Commissioner David A. Sonenshein, Individually and in His Capacity as Commissioner Regene H. Silver, Individually and in Her Capacity as Commissioner Steven Asher Ina Asher, H/w Robert Marmon Toby Marmon, H/w Walter Herman Nancy Herman, H/w Arthur Gershkoff Leonard H. Ginsberg Beth R. Ginsberg, H/w Mark Moster Marlene Moster, H/w James Nealon Lester Schaevitz Diane Schaevitz, H/w Michael Toaff Anna Lev-Toaff, H/w Bruce Schainker Ina Asher, Steven Asher, Nancy Herman Walter Herman, Robert Marmon and Toby Marmon

242 F.3d 151 · Court of Appeals for the Third Circuit · Mar 5, 2001

The Barnes contends that an individual's immunity under that doctrine for alleged violations of civil rights was not established in this circuit at the time it filed suit, particularly in cases in which it was alleged that … The district court answered its question affirmatively, though it qualified the answer by requiring that the inference be reasonable. See id.

Dunleavy v. New Jersey

251 F. App'x 80 · Court of Appeals for the Third Circuit · Oct 16, 2007

immunity served as alternative basis for rejecting any claims under 42 U.S.C. § 1983 . … In establishing “a policy of openness toward information within [the federal government’s] control,” S.Rep.

Bennett v. Murphy

274 F.3d 133 · Court of Appeals for the Third Circuit · Dec 5, 2001

The decision in Saucier addressed the qualified immunity defense in the Bivens context. … of the analysis to determine whether the constitutional right was clearly established.

Paul M. Gamboa, Plaintiff-Appellant-Cross v. Winona E. Rubin, Director, Dept. Of Human Services, State of Hawaii, Defendant-Third-Party-Plaintiff-- Appellee--Cross v. Donna E. Shalala, Secretary of Health & Human Services, Defendant-Third-Party-Defendant--Appellee

80 F.3d 1338 · Court of Appeals for the Third Circuit · Apr 9, 1996

See Edelman, 415 U.S. at 677-78 , 94 S.Ct. at 1362-63 . 85 In the face of this well-established rule that states cannot easily waive their immunity, Vargas v. … We conclude that Rubin is immune from suit under the Eleventh Amendment.

Rebecca S. Hollenbaugh and Fred K. Philburn v. Carnegie Free Library, of Connellsville, Pennsylvania

545 F.2d 382 · Court of Appeals for the Third Circuit · Nov 22, 1976

The district court found that appellants failed to establish the requisite state involvement to sustain jurisdiction. … jurisdiction of any civil action authorized by law to be commenced by any person: (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

Brown v. Calabro

512 F. App'x 137 · Court of Appeals for the Third Circuit · Jan 30, 2013

It is a well-established principle that a judge “in the performance of his duties has absolute immunity from suit and will not be liable for his judicial acts.” Azubuko v. … The allegations in Brown’s complaint relate to action taken by Judge Lupas in his capacity as a judge, and Brown has not alleged that Judge Lupas clearly lacked jurisdiction.

Kramer v. New Castle Area Transit Authority

677 F.2d 308 · Court of Appeals for the Third Circuit · Apr 30, 1982

. -, 102 S.Ct. 1349 , 71 L.Ed.2d 547 (1982) clearly indicates that the Authority is subject to the provisions of the Fair Labor Standards Act. … The Chief Justice qualified his opinion by quoting from Metcalf & Eddy v.

C.N. v. Ridgewood Board of Education

430 F.3d 159 · Court of Appeals for the Third Circuit · Dec 1, 2005

The individual defendants, however, may be entitled to qualified immunity if “‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … In assessing qualified immunity, a court “must first determine whether the plaintiff has alleged the deprivation of an actual constitutional right at all, and if so, proceed to determine whether that right was clearly established

Aziz Salaam v. Travis Wolfe

Court of Appeals for the Third Circuit · Apr 29, 2020

immunity. … Ct. 1148, 1152 (2018) (noting that “[q]ualified immunity attaches when an official’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”). 4 A

Christ the King Manor, Inc. v. Secretary United States Department of Health & Human Services

730 F.3d 291 · Court of Appeals for the Third Circuit · Sep 19, 2013

The Federal Defendants argued that the APA claim was barred by sovereign immunity, but the District Court disagreed, concluding that the claim fell within the scope of the waiver of federal sovereign immunity provided for … “Dismissal of an action based upon sovereign immunity is subject to plenary review by this Court.” Blanciak v.