Case law

Valdiviezo-Galdamez v. Attorney General of the United States

663 F.3d 582 · Court of Appeals for the Third Circuit · Nov 8, 2011

To qualify for withholding of removal, an alien must establish a “clear probability of persecution,” i.e., that it is more likely than not, that s/he would suffer persecution upon returning home. See INS v. … The BIA rejected that grouping as qualifying for relief under the INA.

Rizzo v. Connell

517 F. App'x 111 · Court of Appeals for the Third Circuit · Apr 17, 2013

Qualified immunity applies if (1) the facts do not establish the violation of a constitutional right, or (2) the right at issue is not “clearly established” at the time of the alleged misconduct. See Pearson v. … Montana, 411 F.3d 1051, 1060 (9th Cir. 2005) (holding that qualified immunity protected state officials who were enforcing a statute that imposed restrictions on livestock ranching practices).

Moses President v. Government of the Virgin Islands

Court of Appeals for the Third Circuit · Jan 7, 2025

law qualified immunity, or the applicable duty for the negligence claims raised here. … immunity to those claims.

Silver, Marc I. v. Mendel, M. Mark, Individually, Murray, Daniel E., Individually, and M. Mark Mendel, Ltd

894 F.2d 598 · Court of Appeals for the Third Circuit · Jan 18, 1990

However, that conclusion does not end the inquiry under § 767 13 of the Restatement (Second), which defines “improper,” because conduct may be proper even if it is not protected by a clearly established privilege. … The Supreme Court of Pennsylvania has also offered guidance as to when conduct which is not clearly protected by an established privilege is nonetheless "justified.” In Glenn v.

Skiba v. Laher

496 F.3d 279 · Court of Appeals for the Third Circuit · Aug 2, 2007

The annuity here clearly fits within the concept of “trust” in § 541(c)(2). … Laher are annuities qualified under IRC § 403(b).” Appel-lee's Br. 4.

ANN VENEMAN, Secretary, U.S. Department of Agriculture,NATIONAL DAIRY PROMOTION BOARD

359 F.3d 263 · Court of Appeals for the Third Circuit · Feb 24, 2004

marketing orders establish a 7 C.F.R. § 1150.114. … See United Foods, 533 U.S. at immune from First Amendment scrutiny. 411.

United States v. Barry Simmons

591 F.2d 206 · Court of Appeals for the Third Circuit · Jan 5, 1979

A prerequisite for conviction is the pendency at the time of the alleged obstruction of some sort of judicial proceeding that qualifies as an “administration of justice.” 2 Thus, for example, the obstruction of an investigation … Nevertheless, the remedy against potential abuses is not to establish a rule, easily circumvented, by which some formal act of the grand jury will be required to establish “pendency.”

Crossroads Cogeneration Corporation v. Orange & Rockland Utilities, Inc

159 F.3d 129 · Court of Appeals for the Third Circuit · Oct 27, 1998

responsible for establishing the parameters governing power purchase agreements between utilities and qualifying facilities. 44 F.3d at 1191 . … In order to qualify as a QF, a cogeneration facility must meet requirements established by FERC. See 18 C.F.R. § 292.101 et seq. 2 . It is undisputed that Crossroads is a "qualifying facility.” 3 .

Kramer D. Arnold, Administrator of the Estate of Howard A. Brown, Deceased v. Emily F. Loose, of the Estate of Warren L. Loose, Deceased

352 F.2d 959 · Court of Appeals for the Third Circuit · Dec 10, 1965

On the contrary, the attorney who presents a medical expert has the initial burden of establishing his qualifications to render an opinion in a particular field. … Yund believed himself qualified is of no significance. The trial judge was clearly within his discretion and we find no error. One more point must be made in regard to Dr. Yund’s opinion.

Johnson v. Watson

113 F. App'x 482 · Court of Appeals for the Third Circuit · Nov 2, 2004

The Officers filed a Motion for Summary Judgment on all claims and raised the defense of qualified immunity. … Accordingly, the Officers are shielded by qualified immunity.

In Re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

543 F.3d 179 · Court of Appeals for the Third Circuit · Sep 11, 2008

“[Patterson] has not established that the ‘maximum regurgitant jet’ offered in support of her claim is representative of her level of mitral regurgitation, therefore, on this basis as well, [Patterson] has failed to establish … Accordingly, if an echocardio-gram shows a normal amount of regurgitation — i.e., clearly below the qualifying threshold — an auditing cardiologist need *189 not measure the maximum jet.

In re Grand Jury Investigation into Possible Violations of Title 18

587 F.2d 589 · Court of Appeals for the Third Circuit · Oct 20, 1978

The constitution clothes the legislator with a use immunity, analogous in many ways to the use immunity conferred upon witnesses. … Since the testimonial privilege aspect of Speech or Debate protection is not implicated in this proceeding, while the use immunity aspect clearly is, our attention should focus on the latter in determining what procedure

Angela Hyman v. Capital One Auto Finance

Court of Appeals for the Third Circuit · Oct 1, 2020

, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” … For that reason, Devlin is not entitled to qualified immunity. B.

Equal Employment Opportunity Commission v. Metal Service Company

892 F.2d 341 · Court of Appeals for the Third Circuit · Jan 3, 1990

to the clearly erroneous standard of Fed.R.Civ.P. 52(a). … In qualifying for the funds, the company listed Fouse’s job as a “material handler.”

Robert Paul Oburn v. Milton Shapp, William Bolden, Iii, and All Minority Applicants to and Employees of Pennsylvania State Police, Intervening Donald Lutz and Michael Warfel v. Milton Shapp, William Bolden, Iii, and All Minority Applicants to and Employees of Pennsylvania State Police, Intervening

521 F.2d 142 · Court of Appeals for the Third Circuit · Aug 4, 1975

in Bolden govern the selection of qualified applicants. … The one-third hiring ratio is to be applied in the selection of candidates to the Academy from the list of qualified applicants, regardless of whether the eligibility list of qualified applicants is established pursuant to

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.

Mary Primrose v. Trent Mellott

541 F. App'x 177 · Court of Appeals for the Third Circuit · Jul 24, 2013

to qualified immunity—despite pre-Hartman Tenth Circuit precedent that probable cause did not foreclose a retaliatory arrest claim. … Johnson, 669 F.3d 144, 159 (3d Cir. 2012) (holding that qualified immunity applies where the violated right is not clearly established at an appropriate level of specificity).

Sandra J. Walton v. Mental Health Association of Southeastern Pennsylvania

168 F.3d 661 · Court of Appeals for the Third Circuit · Feb 23, 1999

To establish a prima facie case of disparate treatment, Walton “must prove by a preponderance of the evidence that (1) [she] belongs to a protected class; (2) [she] was qualified for the position; (3) [she] was dismissed … [plaintiff] has failed to establish a prima facie case of discrimination”); McConathy v. Dr.

Hayes v. Furniture Brands International, Inc.

351 F. App'x 599 · Court of Appeals for the Third Circuit · Nov 5, 2009

Judge Cava-naugh concluded that plaintiff had not established a prima facie case of discrimination under the NJLAD, because he had not satisfied his burden of establishing that he was qualified for the job that he was fired … The uncontested evidence of plaintiffs rude, sexist, insulting and vulgar comments and behavior clearly establishes a nondiscriminatory basis for terminating him.

ERIE HUMAN RELATIONS COMMISSION Et Al., Appellees, v. Hon. Louis J. TULLIO, Mayor of the City of Erie, Et Al., Appellants

493 F.2d 371 · Court of Appeals for the Third Circuit · Mar 4, 1974

Since the appellees’ evidence clearly established a prima facie case of discrimination, 4 the burden shifted to the appel *374 lants to justify their pre-hiring procedures in order to avoid a finding of discrimination. … Since in this case the order clearly requires that all blacks appointed under the quota be qualified, the most serious concern of the dissenting judges in O’HTeill is not present here. .