Case law

Sharp v. Government of the Virgin Islands

77 F. App'x 82 · Court of Appeals for the Third Circuit · Aug 29, 2003

A court abuses its discretion if the reasoning is clearly erroneous or contrary to law. See Id. at 139 . … The party claiming work product immunity has the burden of proving that the materials were in fact prepared in anticipation of litigation. Holmes , 213 F.3d at 138 .

Melvin E. Wilkerson v. Edward Klem Attorney General of Pennsylvania

412 F.3d 449 · Court of Appeals for the Third Circuit · Jun 28, 2005

It must contradict “clearly established” decisions of the United States Supreme Court alone. 1 Id. … Accordingly, the state court decision we review is not “contrary to ... clearly established” Supreme Court law.

Jersey Land and Development Corporation, a New Jersey Corp. v. United States

539 F.2d 311 · Court of Appeals for the Third Circuit · Jul 29, 1976

Moreover, Jersey Land never established a sales office, advertised the property or otherwise operated as a typical real estate business. … These underlying findings of fact, it claims, are fully supported in the record and thus cannot be said to be clearly erroneous.

United States v. State of New Jersey Violent Crimes Compensation Board

831 F.2d 458 · Court of Appeals for the Third Circuit · Nov 25, 1987

That the New Jersey scheme involves a general out-of-pocket loss requirement can most clearly be seen by looking at the regulations that govern the Board’s decisionmaking. … In this case, the Board denied both claims because it assumed that treatment by the VA resulted in a failure to establish out-of-pocket expenses and thus a failure to qualify for reimbursement under the Compensation Act.

Garbacik v. Janson

111 F. App'x 91 · Court of Appeals for the Third Circuit · Sep 29, 2004

Janson and Minanno argue that, for qualified immunity purposes, it was not clearly established at the time of the incident in this case whether § 1983 liability could lie for failure to intervene. See Anderson v. … ’ of the action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken” (citations omitted)).

Reed Dempsey v. Bucknell University

834 F.3d 457 · Court of Appeals for the Third Circuit · Aug 22, 2016

Id.6 6 We are satisfied that the District Court correctly identified and applied this high standard in reaching its decision, but we note that its citation of the standard for qualified immunity in the … The qualified immunity standard inverts the standard applicable here, providing instead that “there can be no liability on the part of the arresting officer unless ‘no reasonably competent officer’ would conclude that probable

San Filippo v. Bongiovanni

30 F.3d 424 · Court of Appeals for the Third Circuit · Aug 18, 1994

Subsequently you supported these individuals for admission to the graduate program in Chemistry, a fact which clearly established that they did not have the credentials to be post-doctoral fellows. 5 46 Charge 5: During Fall … The district court disagreed, and held that, to qualify for first amendment protection, San Filippo's "petition" activities must meet the Connick "public concern" threshold.

Lynn Martin, Secretary of Labor, United States Department of Labor v. Cooper Electric Supply Co., a Corporation, and Richard A. Cooper, Individually v. National Association of Wholesaler-Distributors, and National Association of Electrical Distributors, Amicus-Appellants. Lynn Martin, Secretary of Labor, United States Department of Labor v. Cooper Electric Supply Co., a Corporation, and Richard A. Cooper, Individually

940 F.2d 896 · Court of Appeals for the Third Circuit · Sep 13, 1991

Sec. 541.205(a)-(d) establish the meaning of the first prong of the short test. … This voluntary compliance clearly is indicative of defendant's good faith.

Sample v. Diecks

885 F.2d 1099 · Court of Appeals for the Third Circuit · Sep 12, 1989

immunity. … The motion was denied on October 13, 1983, and Appellants have not appealed the qualified immunity decision of the district court

In Re Aliota

984 F.2d 1350 · Court of Appeals for the Third Circuit · Jan 22, 1993

from suit if she was entitled to such immunity under the Westfall Act. … The federal employee remains immune from suit.

Anne M. LOGUE, Plaintiff-Appellee, v. INTERNATIONAL REHABILITATION ASSOCIATES, INC., Et Al., Defendants-Appellants

837 F.2d 150 · Court of Appeals for the Third Circuit · Jan 20, 1988

The record does establish that Logue had more education and more experience with IRA than Ross. … A plaintiff may establish a prima facie case of discrimination by proving that the employee (1) belongs to a protected class; (2) was qualified for the position; (3) was dismissed despite being qualified; and (4) was ultimately

Vecchione v. Wohlgemuth

558 F.2d 150 · Court of Appeals for the Third Circuit · Jun 14, 1977

Clearly the lack of authority contention is a mere afterthought which cannot be entertained by any forum charged with the responsibility of discharging its judicial business with finality. … It is well established that the defense of sovereign immunity from suit in a federal court may be waived. E. g., Missouri v. Fiske, 290 U.S. 18, 24 , 54 S.Ct. 18 , 78 L.Ed. 145 (1933).

In re Eastman Kodak Co.

48 F.2d 125 · Court of Appeals for the Third Circuit · Feb 16, 1931

shares, of all the capital stock of the New York Company, and is not engaged in business anywhere; that the New York Company, owner, except for qualifying shares, of all the capital stock of the Kodak Stores Company, is … Ed. 631 , in these words: “If the lower court is clearly without jurisdiction, the writ will ordinarily be granted to one who at the outset objected to the jurisdiction, has preserved his rights by appropriate procedure and

Beers-Capitol v. Whetzel

256 F.3d 120 · Court of Appeals for the Third Circuit · Jun 11, 2001

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … That is, Burley is entitled to qualified immunity only if she can show that a reasonable person in her position at the relevant time could have believed, in light of clearly established law, that her conduct comported with

Cumberland Mutual Fire Insurance v. Express Products, Inc.

529 F. App'x 245 · Court of Appeals for the Third Circuit · Jun 24, 2013

District Court’s grant of summary judgment in favor of two insurers, Maryland Casualty Company (Maryland) and Cumberland Mutual Fire Insurance Company (Cumberland), in declaratory judgment actions brought by the insurers to establish … In order to so qualify, an order must “be set out in a separate document.” Fed.R.Civ.P. 58(a).

Maurice Shannon v. United States Department Of Housing And Urban Development

436 F.2d 809 · Court of Appeals for the Third Circuit · Dec 30, 1970

The defendants then filed an answer alleging lack of standing on the part of the plaintiffs, sovereign immunity, administrative discretion, and due compliance with all substantive and procedural requirements of the applicable … That statute authorizes HUD to contract with "housing owners" to make annual payments on behalf of "qualified tenants."

County Concrete Corp. v. Township of Roxbury

442 F.3d 159 · Court of Appeals for the Third Circuit · Mar 31, 2006

But United Artists did not apply the “shocks the conscience” standard to legislative action; rather, we clearly held in United Artists that “executive action violates substantive due process only when it shocks the conscience … immunity.

Michael West v. Kevin Matthews

Court of Appeals for the Third Circuit · Jan 16, 2026

immunity because West did not allege that they played any role in his 2020 registration-related proceeding and thus did not allege that they violated any clearly established federal law. … Third, West asserts that it was unfair for the court to apply qualified immunity.

Univ Pgh v. United States

Court of Appeals for the Third Circuit · Nov 2, 2007

According to the University, tenure fosters an environment of free inquiry because, once conferred, it affords faculty “rights and immunities,” including immunity from termination except for cause or financial exigency. … United States, 435 U.S. 21, 25 (1978) (discussing the definition of “wages” and noting “many items qualify as income and yet clearly are not wages”).

Davidson v. O'Lone

752 F.2d 817 · Court of Appeals for the Third Circuit · Dec 27, 1984

Because the Court decided that the defendants were entitled to prevail on the defense of qualified immunity as a matter of law, it did not reach the question on which certiorari was granted. 43 Thereafter, in Baker v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (creating qualified immunity for public officials performing discretionary functions).