Case law

PennEast Pipeline Co LLC v.

Court of Appeals for the Third Circuit · Sep 10, 2019

Those considerations are clearly in play in the eminent domain context. … If Congress had intended to delegate the federal government’s exemption from sovereign immunity, it would certainly have spoken much more clearly. Cf.

Valhal Corp. v. Sullivan Associates, Inc., Architects, Planners, Engineers

44 F.3d 195 · Court of Appeals for the Third Circuit · Jan 3, 1995

Accordingly, the cap does not immunize Sullivan from the consequences for its own actions. … For while Behrend I involved what was clearly a limitation of liability, this case involves what is just as clearly an exculpatory clause.”

Ferrero U.S.A., Inc. v. Ozak Trading, Inc. Doron Gratch

952 F.2d 44 · Court of Appeals for the Third Circuit · Dec 19, 1991

In a Memorandum Opinion filed on May 29, 1991, this court affirmed the award of injunctive relief, holding that the district court's factual findings that there were differences between the TIC TACs at issue were not clearly … It is well established law in this circuit that this court does not have jurisdiction under 28 U.S.C. § 1291 over a fee award until it has been quantified. See Frangos v. Doering Equip.

George Falcone v. Neil Dickstein

92 F.4th 193 · Court of Appeals for the Third Circuit · Feb 5, 2024

And the Police Defendants asserted the retaliatory arrest claim failed because they had probable cause to arrest her and, in any event, they were entitled to qualified immunity. Dkt. 27 at 19- 22. … Third, we consider whether Falcone has established that his injury can be redressed by a favorable court decision.

Joe Kannikal v. Attorney General United States

776 F.3d 146 · Court of Appeals for the Third Circuit · Jan 20, 2015

We are not expanding the sovereign immunity waiver in § 2401(a) because Congress 9 chose to enact 42 U.S.C. § 2000e-16. … By virtue of the comprehensive and distinctive nature of its remedial scheme, Title VII itself clearly signals that it, and not § 2401(a), should control.

Maurice Clark, Jr. v. William Punshon

516 F. App'x 97 · Court of Appeals for the Third Circuit · Mar 19, 2013

. § 1983 against the Defendants because Attorney Punshon was not a state actor and Judge Capuzzi was entitled to absolute judicial immunity. … Here, Attorney Punshon is clearly a private party. While a private party can qualify as a state actor when “he is a willful participant in joint action with the State or its agents,” Dennis v.

Wanda Glezerman v. Columbian Mutual Life Insurance Company

944 F.2d 146 · Court of Appeals for the Third Circuit · Sep 10, 1991

Prudential Insurance Co., 51 N.J. 408 , 241 A.2d 449, 460 (1968). 37 The waiver of immunity on the policy must be intentional. … The Glezermans contend that the member of the insurer's underwriting department who performed the assessment was not qualified to do so.

Tyrone Raeford v. Linda Williams

509 F. App'x 173 · Court of Appeals for the Third Circuit · Jan 9, 2013

Bozinovski argues that qualified immunity protects her from both claims. … Qualified immunity shields public officials performing discretionary functions from liability as long as their conduct does not violate a constitutional right that was clearly established at the time of the violation.

In Re: Mushroom

Court of Appeals for the Third Circuit · Aug 24, 2004

of post-petition transfers, a cause of action “To establish prejudice, the party raising clearly analogous to the turnover claim laches must demonstrate that the delay … D & G immunized from liability for making the Equip. Co., Inc. v. First Nat’l Bank of transfer.

Wheeler ex rel. Wheeler v. Towanda Area School District

950 F.2d 128 · Court of Appeals for the Third Circuit · Dec 5, 1991

First, the opinion and order establish that a given interpreter is not qualified to interpret for a particular student simply because the School District has pronounced him or her qualified. … The Secretary’s opinion clearly established that this was not the case. The School District, under the terms of the Secretary’s opinion, would have been required to replace Kane.

In Re: Fmc Corporation Packaging Systems Division, in No. 99-5220

208 F.3d 445 · Court of Appeals for the Third Circuit · Mar 23, 2000

The Court held that these two sections must be construed together and that “only remand orders issued under § 1447(c) and invoking the grounds specified therein ... are immune from review under § 1447(d)”. … The Supreme Court in Quackenbush noted that in this sense, a remand order is “clearly more final than a stay order.” Id. at 714 , 116 S.Ct. 1712 .

Luis Batiz v. M.D. Brown

676 F. App'x 138 · Court of Appeals for the Third Circuit · Jan 25, 2017

Whether or not this holding is correct, we readily agree with the District Court’s second holding that Challenger’s suit was barred by qualified immunity. … “[Q]ualified 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

Commonwealth of Kentucky for the Benefit of United Pacific Insurance Company and United Pacific Insurance Company v. Laurel County and Laurel County Fiscal Court, and Third Party Laurel County Board of Education v. United States of America, Third Party

805 F.2d 628 · Court of Appeals for the Third Circuit · Nov 14, 1986

An interpleader proceeding does not establish jurisdiction: "The United States may not be required to interplead when it has not waived its sovereign immunity." 7 C. Wright, A. Miller, & M. … Sec. 7426 as the statutory waivers of sovereign immunity allegedly applicable on these facts

United States v. Sorgnard

396 F.3d 326 · Court of Appeals for the Third Circuit · Jan 28, 2005

This precedent could not be more clearly applicable; the FOIA report Haber received was a public disclosure under the FCA. C. … In the deposition, Haber never clearly indicated when he learned about the bulletin.

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. 42 We turn, then, to the appellants … from federal civil process by appearance. 45 It is well established that the defense of sovereign immunity from suit in a federal court may be waived.

Margaret D. Conneen v. Mbna America Bank, N.A

334 F.3d 318 · Court of Appeals for the Third Circuit · Jun 27, 2003

In order to establish that a plaintiff is “qualified” under the ADA, the employee must show that he/she “satisfies the requisite skill, experience, education and other job-related requirements of the employment position that … She presented sufficient evidence to establish that she was a qualified individual under the ADA despite her tardiness.

DeJesus v. United States Department of Veterans Affairs

479 F.3d 271 · Court of Appeals for the Third Circuit · Mar 14, 2007

While LZ-II is a privately run group home, its location, organization and funding make it “part of” the VA Coatesville compound, which is clearly a qualifying facility. … The MHPA grants immunity to such institutions unless the plaintiff can show willful conduct or gross negligence. 50 Pa. Cons. Stat. § 7114(a).

Karnes v. Skrutski & Kowalski

Court of Appeals for the Third Circuit · Aug 3, 1995

Where the law is clearly established and proof of the elements of the plaintiff's prima facie case would defeat the immunity, no qualified immunity defense is available. … We hold the law was clearly established for purposes of qualified immunity. 2.

South Camden Citizens in Action Geneva Sanders Pauline Woods Barbara Pfeifer Julita Gilliard Oscar Lisboa Shirley Rios Phyllis Holmes Gwen Peterson Latoya Cooper Julio Lugo v. New Jersey Department of Environmental Protection Robert C. Shinn, Jr., Commissioner of the Nj Dept. Of Environmental Protection, in His Official Capacity St. Lawrence Cement Co., L.L.C., Intervenor in D.C., South Camden Citizens in Action Geneva Sanders Pauline Woods Barbara Pfeifer Julita Gilliard Oscar Lisboa Shirley Rios Phyllis Holmes Gwen Peterson Latoya Cooper Julio Lugo v. New Jersey Department of Environmental Protection Robert C. Shinn, Jr., Commissioner of the Nj Dept. Of Environmental Protection, in His Official Capacity St. Lawrence Cement Co., L.L.C., Intervenor in D.C., New Jersey Department of Environmental Protection Robert C. Shinn, Jr.

274 F.3d 771 · Court of Appeals for the Third Circuit · Dec 17, 2001

Second, the remedy is not available "where the statute did not create enforceable rights, privileges, or immunities within the meaning of S 1983." … Clearly, the majority's decision is not based on any determination of the en banc court.

Khaimraj Singh v. John Ashcroft, Attorney General of the United States of America

383 F.3d 144 · Court of Appeals for the Third Circuit · Sep 17, 2004

Ultimately, we concluded that [i]n Valansi’s case, the specific intent to defraud was not established. … Such statutes may sometimes more clearly invite further inquiry into exactly which subsection the defendant violated.