Case law

Shelly v. Johns-Manville Corp.

798 F.2d 93 · Court of Appeals for the Third Circuit · Aug 11, 1986

Absent a judicially-recognized exception, an employee’s coverage under either Act is exclusive, and the employer is immune from common law suits by employees. Pa.Stat.Ann. tit. 77 §§ 481(a), 1403. … Thus, plaintiffs clearly argued that their exposure away from the workplace constituted a ground for recovery.

Hempt Bros., Inc. v. United States

490 F.2d 1172 · Court of Appeals for the Third Circuit · Jan 14, 1974

United States, supra, at 1176. 3 In any event, *1176 this court had no difficulty in characterizing a sale of receivables as “property” within the purview of the “no gain or loss” provision of Section 337 as a “qualified … The happenstance that the recovery took place as an additional feature of the liquidating process does not immunize that recovery from normal tax consequences.

Jose Montanez v. Paula Price

Court of Appeals for the Third Circuit · Oct 8, 2025

Unlike the Individual Commonwealth Defendants, however, the Individual Medical Defendants cannot assert qualified immunity. Sanchez v. … Oliver, 995 F.3d 461, 467 & n.1 (5th Cir. 2021) (holding that Wellpath employees working in state facilities are “categorically ineligible for qualified immunity”); Tanner v.

Robert Sutton Marlene Sutton v. Virl Earles, Third-Party-Defendant-Appellee v. United States of America, Defendant-Third-Party-Plaintiff-Appellant. Stephen Brennan v. Virl Earles, Third-Party-Defendant-Appellee v. United States of America, Defendant-Third-Party-Plaintiff-Appellant. Ernest E. Chavez Carol Kemble Terez Ujj, Individually and as Representative of the Estate of John Bakos Robert D. Hulings v. United States of America, Defendant-Third-Party-Plaintiff-Appellant. Ernest E. Chavez Carol Kemble Terez Ujj, Individually and as Representative of the Estate of John Bakos Robert D. Hulings v. United States Department of Defense United States Department of the Navy United States Army Corps of Engineers United States Coast Guard, Virl Earles v. United States of America, Stephen Brennan v. Virl Earles, Third-Party-Defendant-Appellee v. United States of America, Defendant-Third-Party-Plaintiff-Appellant. Marie Katz, Individually, and as Personal Representative of the Estate of Ronald Flem Meyers, Deceased v. Virl Earles, Third-Party-Defendant v. United States of America, Defendant-Third-Party-Plaintiff-Appellant

26 F.3d 903 · Court of Appeals for the Third Circuit · Jun 3, 1994

their dependence upon a decedent can recover such damages; (3) the district court's across-the-board approach to the wrongful death awards established that the awards are clearly erroneous; (4) the district court erred in … clearly erroneous.

Jackie Nichols v. City of Rehoboth Beach

836 F.3d 275 · Court of Appeals for the Third Circuit · Sep 7, 2016

Such indebtedness clearly represents a measurable liability or encumbrance of the municipality. … Nichols likewise seeks only prospective relief, and 11 the doctrine of qualified immunity does not apply to such claims. See, e.g., Hill v.

Jackson v. Tinicum

Court of Appeals for the Third Circuit · Feb 10, 2009

At the close of discovery, the Appellees moved for summary judgment, arguing that they were entitled to qualified immunity. … We do have jurisdiction, however, “to review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right.” Ziccardi v.

Jackson v. Tinicum Township

310 F. App'x 510 · Court of Appeals for the Third Circuit · Feb 10, 2009

At the close of discovery, the Appellees moved for summary judgment, arguing that they were entitled to qualified immunity. … We do have jurisdiction, however, “to review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right.” Ziccardi v.

R I Inc v. Michael McCarthy

483 F. App'x 745 · Court of Appeals for the Third Circuit · May 29, 2012

is not clearly established. … “A right is clearly established for qualified immunity purposes where its contours are ‘sufficiently clear that a reasonable official would understand that what he is doing violates that right.’”

Miller v. Indiana Hospital

843 F.2d 139 · Court of Appeals for the Third Circuit · Apr 22, 1988

He established a practice in Indiana, Pennsylvania in 1959 after obtaining staff privileges in the Department of Surgery at Indiana Hospital. 1 Indiana Hospital is the only general hospital in the County of Indiana, a county … We explained that "we do not doubt that a hospital could exclude an applicant from staff privileges either because he is not medically qualified or because of unprofessional conduct, so long as the hospital applies the same

William T. Kute and Francis M. Kute v. United States

191 F.3d 371 · Court of Appeals for the Third Circuit · Sep 22, 1999

Overall, we are satisfied that the district court clearly reached the correct result. III. CONCLUSION For the foregoing reasons the order for summary judgment entered January 15, 1999, will be affirmed. 1 . … The district court also rejected Kute's assertion that the payments at issue did not flow from a qualified plan because their source was the State Police benefit account established by 71 Pa. Cons.Stat.

Muth v. Central Bucks School District

839 F.2d 113 · Court of Appeals for the Third Circuit · Feb 29, 1988

which is involved in the education or care of the child, or 27 (2) By any person having a personal or professional interest which would conflict with his or her objectivity in the hearing. 28 (b) A person who otherwise qualifies … Dartmouth School Comm., 775 F.2d 411 , 422 (1st Cir.1985), that Congress clearly contemplated litigation under the Act against a state in the federal courts.

Westmoreland Hospital Association v. Blue Cross Of Western Pennsylvania

605 F.2d 119 · Court of Appeals for the Third Circuit · Sep 10, 1979

. § 2689 to § 2689aa). 3 Under the Act, the Department of Health, Education and Welfare (HEW) administers the mental health program under which these hospitals have qualified for federal grants by providing community mental … Texaco Inc., 415 U.S. 125 , 94 S.Ct. 1002 , 39 L.Ed.2d 209 (1974) (per curiam). 12 Furthermore, federal removal procedure clearly requires that the initial pleading in the state court must set forth the basis for removal.

Durkin v. National Bank

772 F.2d 55 · Court of Appeals for the Third Circuit · Sep 12, 1985

The current version of § 61 was thus clearly designed to curb the power of those who control the affairs of national banks. … Banks do not exist for the purpose of creating an aristocracy of directors and officers which can continue in office indefinitely, immune from the wishes of the shareholder-owners of the corporation.

Jackson v. Tinicum

Court of Appeals for the Third Circuit · Feb 10, 2009

At the close of discovery, the Appellees moved for summary judgment, arguing that they were entitled to qualified immunity. … We do have jurisdiction, however, “to review whether the set of facts identified by the district court is sufficient to establish a violation of a clearly established constitutional right.” Ziccardi v.

Yassin Mohamad v. Barry Smith

492 F. App'x 269 · Court of Appeals for the Third Circuit · Aug 16, 2012

The qualified immunity doctrine protects government officials from liability for civil damages to the extent that their conduct does not infringe what a reasonable person would have known was a clearly established statutory … Mohamad presented no evidence that Smith violated any protocol or any clearly established right by removing his kufi so that his photograph could be taken.

Kneipp v. Tedder

95 F.3d 1199 · Court of Appeals for the Third Circuit · Sep 18, 1996

Officer Tedder was entitled to qualified immunity on this claim. … Even if Officer Tedder is not entitled to qualified immunity, the municipal defendants argued that Officer Tedder's actions did not shock the conscience and thus all claims under section 1983 should be dismissed.

Newark Branch, National Ass'n for the Advancement of Colored People v. Town of Harrison

940 F.2d 792 · Court of Appeals for the Third Circuit · Jul 19, 1991

Paragraph 5 — “Whenever the Town Council determines by a majority vote of its full membérship that there are not residents qualified for specific available positions, the Town may advertise for other qualified applicants … While amici contend that Harrison had established a policy and procedure for placing names on this eligibility list and maintaining the list for a stated period of time, New Jersey law clearly vests responsibility for the

Charlotte Bergdoll v. City of York

515 F. App'x 165 · Court of Appeals for the Third Circuit · Mar 15, 2013

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 person would have known.” … Callahan, 555 U.S. 223 (2009) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

Commonwealth of Pennsylvania v. Brown

392 F.2d 120 · Court of Appeals for the Third Circuit · May 20, 1968

They were fully qualified but were refused because they were Negroes. They brought their cause to the United States Supreme Court which held in that suit, titled Commonwealth of Pennsylvania et al. v. … It is inconceivable that those City Trustees would not have with goodwill opened the College to all qualified children. Given everything we know of Mr.

Juliana Arreaga Bravo v. Attorney General United States

21 F.4th 236 · Court of Appeals for the Third Circuit · Dec 23, 2021

6  To qualify for relief under CAT, an individual must establish that “it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 1208.16(c)(2); see Kaplun … Next, the IJ assesses whether the likely response from public officials qualifies as acquiescence under the governing regulations. . . .