Case law
Opinions from 1658 to today.
9,730 results
1.18s
17 F.4th 459 · Court of Appeals for the Third Circuit · Nov 8, 2021
He argues that he should not have received the enhancement because one of his two prior qualifying convictions was an inchoate drug offense, which does not qualify as a predicate offense under the plain language of the guidelines … Cir. 2018) (“Section 4B1.2(b) presents a very detailed ‘definition’ of controlled substance offense that clearly excludes inchoate offenses.”).
Cited 114 timesPublished44 F.3d 508 · Court of Appeals for the Third Circuit · Jan 4, 1995
SLRCLI’s claim is clearly of the third variety — that the Coast Guard made an erroneous determination of compliance. Berko-vitz, therefore, does not hold the discretionary function exception inapplicable. … There would appear to be a threshold question whether this suit falls within the SAA’s waiver of sovereign immunity.
Cited 30 timesPublishedShannon MacDonald v. President NJ State Board of Medical Examiners
Court of Appeals for the Third Circuit · Aug 31, 2026
Ross, 598 U.S. 356, 369 (2023), nor imposes burdens on interstate commerce that are “clearly excessive in relation to the putative local benefits.” Pike v. … B Nor does New Jersey’s telemedicine law violate the Privileges and Immunities Clause of Article IV.
Cited 0 timesPublishedRichard Wren v. County of Luzerne
548 F. App'x 826 · Court of Appeals for the Third Circuit · Dec 13, 2013
immunity. … This determination is fact- specific, dependent on whether the right at issue was clearly established. See Assaf, 178 F.3d at 177.
Cited 0 timesUnpublishedRichard J. Griffin and Mary Jane Griffin, His Wife v. United States
500 F.2d 1059 · Court of Appeals for the Third Circuit · Jun 25, 1974
Plaintiffs do not challenge the Surgeon General's determination to approve a live-virus immunization program. 9 Neither do plaintiffs challenge the regulation which established the standard against which all manufactured … (See D-98) Qualitatively, the severity of the lesions demonstrated in Lot 56 are clearly in excess of anything ever encountered in NA-2.
Overruled — as noted by a later courtCited 197 timesPublishedLinda M. Liberi Toner v. Commissioner of Internal Revenue
623 F.2d 315 · Court of Appeals for the Third Circuit · Jun 16, 1980
The fact that an individual is already performing service in an employment status does not establish that he has met the minimum educational requirements for qualification in that employment. … Thus, the provision clearly applies either to education which meets the minimum requirement of the taxpayer’s employer or to education which meets the minimum requirement of another trade or business. 71 T.C. at 777 (emphasis
Cited 9 timesPublishedAlan Greenberg v. Chester Downs and Marina LLC
694 F. App'x 877 · Court of Appeals for the Third Circuit · Jun 5, 2017
the elements of his claim because they had probable cause to arrest him and, in the alternative, that they were entitled to qualified immunity. … the plaintiff can demonstrate facts showing that “(1) the [officers] violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”
Cited 1 timesUnpublishedNational Collegiate Athletic Ass'n v. Governor of New Jersey
832 F.3d 389 · Court of Appeals for the Third Circuit · Aug 11, 2016
Thus, the 2014 Law provides the authorization for conduct that is otherwise clearly and completely legally prohibited. … They contend that, because the 2014 Law is a self-executing repeal that requires no action from them or any other state official, they are immune from suit. This argument fails.
Reversed by Murphy v. National Collegiate Athletic Assn., 138 S. Ct. 1461 (2018)Cited 10 timesPublished212 F.3d 798 · Court of Appeals for the Third Circuit · May 19, 2000
The court held that Cyrus was not entitled to Eleventh Amendment immunity and denied his requests for absolute and qualified immunity on the section 1983 claim. … In an order dated October 29, 1997, the District Court granted summary judgment for Cyrus, holding that Nicini had failed to establish a constitutional violation and that his state law claims were barred by qualified immunity
Cited 179 timesUnknown940 F.2d 792 · Court of Appeals for the Third Circuit · Jul 19, 1991
Title VII itself clearly makes each employer responsible for its own employment practices, see Sec. 703(a)(2), 42 U.S.C. … 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
Cited 10 timesPublishedCarter v. City of Philadelphia
181 F.3d 339 · Court of Appeals for the Third Circuit · Apr 27, 1999
Eleventh Amendment immunity is an affirmative defense and the burden is thus on the DA's Office to establish its immunity from suit. See Christy v. … PROSECUTORIAL IMMUNITY We must begin with "[t]he presumption . . . that qualified rather than absolute immunity is sufficient to protect _________________________________________________________________ 54.
Cited 3 timesUnknownAshley Adams v. Eric Selhorst, Et Ql
449 F. App'x 198 · Court of Appeals for the Third Circuit · Oct 26, 2011
immunity. … To determine whether a government officer is entitled to qualified immunity, we ask (1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that “it would [have
Cited 39 timesUnpublishedCHERUKU v. Attorney General of US
662 F.3d 198 · Court of Appeals for the Third Circuit · Sep 22, 2011
On its face, § 1255(i)(2)(A) of the LIFE Act requires an alien to be “admissible” to the United States in order to qualify for adjustment. … The adjustment provisions of § 1255© are clearly in tension with the bars to admissibility set forth in § 1182(a)(6)(A)©.
Cited 32 timesPublished185 F.3d 112 · Court of Appeals for the Third Circuit · Jul 16, 1999
The court concluded that the government had satisfied the money laundering substitute asset provision because it demonstrated that qualified property, the $3 million Stewart withdrew from the Tartan Management account, had … Here, the government clearly traced laundered funds forfeited by the jury to Stewart's Account. Stewart does not contest this tracing, which in any event the government clearly established.
Cited 96 timesPublishedJideofor Onuekwusi v. Darnell Graham
Court of Appeals for the Third Circuit · Sep 28, 2022
A court reviewing a qualified immunity claim must engage in a two-step analysis: “(1) whether the plaintiff sufficiently alleged the violation of a constitutional right, and (2) whether the right was ‘clearly established … Graham argues that Onuekwusi failed to establish a constitutional violation of a clearly established right.
Cited 0 timesUnpublishedUnited States v. Tiesha Henderson
64 F.4th 111 · Court of Appeals for the Third Circuit · Mar 29, 2023
’s 2005 Pennsylvania conviction for conspiracy to commit robbery qualified as a “crime of violence.” … That subsequent law established the right that Henderson now seeks to assert. Henderson has created no tactical advantage.18 As a result, Henderson’s claim was forfeited, and we 16 See 9C Fed. Prac. & Proc.
Cited 16 timesPublished149 F.3d 603 · Court of Appeals for the Third Circuit · Jul 9, 1998
The Supreme Court decided that the statutory immunity to a direct action by the employee did not logically lead to a similar immunity from a contribution claim. Doyle, 77 Ill.Dec. 759 , 461 N.E.2d at 388 . … After Doyle was decided, the Illinois Supreme Court qualified its reach in Kotecki by holding that the employer's contribution liability was limited to the amount it could be required to pay under the workers' compensation
Cited 1 timesPublishedFallon v. Mercy Catholic Medical Center of Southeastern Pennsylvania
877 F.3d 487 · Court of Appeals for the Third Circuit · Dec 14, 2017
Mercy Catholic ruled that he did not qualify and terminated him when he continued to refuse the vaccine. … qualified for exemption?”
Cited 208 timesPublishedFrederick L. v. Department of Public Welfare of Pennsylvania
364 F.3d 487 · Court of Appeals for the Third Circuit · Apr 13, 2004
It is notable for our matters such as establishing purposes that the plurality did not envision or declining to establish new the fundamental-alteration defense to be a programs … This is not an issue of detriment of budget items that are not legislative immunity, which DPW has not associated with community care or the care claimed, but a recognition
Cited 4 timesPublishedPaul Chicager v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare
574 F.2d 161 · Court of Appeals for the Third Circuit · Mar 20, 1978
The record clearly establishes that Chi-cager suffered from lupus erythematosus since prior to March 31, 1944, and that in twenty-five of the twenty-eight years preceding his application in 1972 his disease prevented him … The earnings he achieved during the three years in which steroid therapy afforded him some relief were not even sufficient to qualify him for disability coverage under the Act.
Cited 29 timesPublished
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