Case law

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

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.

Aden Rusfeldt v. Cristian Morar

Court of Appeals for the Third Circuit · Jun 9, 2025

Even if Rusfeldt’s speech were protected, Morar is entitled to qualified immunity. See Pearson v. Callahan, 555 U.S. 223, 236 (2009). … So Rusfeldt cannot show that the arrest violated his constitutional rights under clearly established law. See George v. Rehiel, 738 F.3d 562, 572 (3d Cir. 2013). Rusfeldt’s false imprisonment claims also fail.

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.”

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).

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.

Eduardo Von Pervieux and Guistina Boschetti De Von Pervieux v. Immigration and Naturalization Service

572 F.2d 114 · Court of Appeals for the Third Circuit · Feb 23, 1978

Von Pervieux qualified as an “investor” under the immigration statute. … Von Pervieux herself in order to qualify her as an “investor."

Kiewit Eastern Co., Inc. v. L & R Construction Co., Inc.

44 F.3d 1194 · Court of Appeals for the Third Circuit · Jan 10, 1995

Co., 397 Pa.Super. 612 , 580 A.2d 799, 803 (1990)) ("an insured who is compelled to bring a declaratory judgment action to establish his insurer's duty to defend an action brought by a third party may recover attorneys' fees … High Concrete Structures, Inc., 858 F.2d 128 , 131 n. 2 (3d Cir.1988) ("[i]f an insurer has a duty to defend a suit and is requested to provide a defense, then that insurer is clearly obligated to pay fees and costs incurred

Bill Williams v. City of Allentown

Court of Appeals for the Third Circuit · Mar 11, 2020

“[T]o overcome the assertion of qualified immunity at the motion to dismiss stage, a plaintiff must sufficiently plead not only a violation of a constitutional or statutory right, but also a violation of a clearly established … is based on clearly established law.

Americans Disabled for Accessible Public Transportation v. Skinner

881 F.2d 1184 · Court of Appeals for the Third Circuit · Jul 24, 1989

The present course is clearly not the answer. … Immunization from compliance for an entire class of cities was not contemplated by Congress. Therefore, we must conclude that the 3% safe harbor provision is arbitrary and capricious.

P. Mastrippolito And Sons, Inc. v. Joseph

692 F.2d 1384 · Court of Appeals for the Third Circuit · Nov 15, 1982

On March 4, 1981, Judge Newcomer granted the Commonwealth's motion for summary judgment, on the ground that Mastrippolito had failed to establish that it had been deprived of rights guaranteed by the Constitution and laws … Given the obscurity of the relevant facts even at this point, we cannot say that the district court's finding, that Mastrippolito's action was not "clearly frivolous," was clearly erroneous. 16 Moreover, the district court

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.

Polite v. Diehl

507 F.2d 119 · Court of Appeals for the Third Circuit · Dec 31, 1974

established. . … In so doing the Court said: “[T]he distinction between citizenship of the United States and citizenship of a State is clearly recognized and established.

Dia Navigation Co. v. Pomeroy

34 F.3d 1255 · Court of Appeals for the Third Circuit · Sep 13, 1994

In brief, we conclude that the provisions of the Immigration and Naturalization Act (“INA”) lack the requisite clarity which would justify the policy as it presently has been established. … The district court found that the relief Dia seeks qualifies as money damages for purposes of this section, Dia, 831 F.Supp. at 378-80 , and that as a result recovery is barred by the doctrine of sovereign immunity. Id.

Stolt Nielsen v. United States

Court of Appeals for the Third Circuit · Mar 23, 2006

Indeed, it found that “the date when [Stolt-Nielsen] ended its participation [in the conspiracy] was never clearly established,” id. at 562 n.10, and therefore, in light of the Agreement’s integration clause, “DOJ, especially … [w]here a prosecution is a likely possibility, yet only an affirmative defense is available, speakers may self-censor rather than risk the perils of trial”). 16  It is also well established

Nicola v. United States

72 F.2d 780 · Court of Appeals for the Third Circuit · Aug 9, 1934

Neither the authenticity nor genuineness of this letter was established by any evidence. … R. 1376, it was necessary for him to claim immunity before the government agent and refuse to produce his boobs.

Weaver v. Bowers

657 F.2d 1356 · Court of Appeals for the Third Circuit · Oct 13, 1981

; and (4) in dismissing defendants' immunity and nonretroactivity defenses because not timely raised. … We have examined the record and cannot call clearly erroneous the court's finding that Weaver was dismissed because of his political affiliation.

Ecotone Farm LLC v. Edward Ward, II

639 F. App'x 118 · Court of Appeals for the Third Circuit · Jan 28, 2016

But that does not mean that executive actions undertaken with improper 3 The District Court did not reach the second step of its qualified immunity analysis (whether the law was “clearly established”), and … immunity analysis (whether the law was “clearly established”) regarding the substantive due process claim, and the parties have not briefed this issue on appeal.

Westinghouse Electric Corporation v. Hanovia Chemical & Mfg. Co

179 F.2d 293 · Court of Appeals for the Third Circuit · Jan 31, 1950

The defendant’s heaviest attack is upon this finding for unless it is set aside as erroneous it establishes that the plaintiff does not follow the teachings of the patent and the determination of non-infringement by the district … The defendant strongly urges that this finding is so clearly erroneous that it must be set aside. The electrode used by the plaintiff consists of a coil of tungsten wire surrounding a small piece of metallic thorium.