Case law
Opinions from 1658 to today.
9,730 results
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320 F.3d 396 · Court of Appeals for the Third Circuit · Feb 18, 2003
Reis was qualified to give expert testimony. … The record establishes that as an invasive cardiologist, who normally diagnoses heart conditions, Dr.
Cited 349 timesPublished342 F.3d 260 · Court of Appeals for the Third Circuit · Aug 27, 2003
On the back of the invitation Fleet listed the “TERMS OF PRE-QUALIFIED OFFER” and the “CONSUMER INFORMATION” sections. … With that background established, we agree with Roberts that the claims in the introductory letter that the “fixed 7.99% APR”3 is “NOT an introductory offer” and “won’t go up in just a few short months” could cause a reasonable
Cited 18 timesPublishedUnited States v. 13,255.53 Acres of Land in Burlington & Ocean Counties
158 F.2d 874 · Court of Appeals for the Third Circuit · Dec 31, 1946
Evidence as to the cost of the cabin to Schwartz was not allowed, on the ground that it did not establish its true value at the taking date. … We are not at all convinced that a sound basis for judging the value of the property was established by either of the experts.
Cited 26 timesPublishedBayer v. Monroe County Children & Youth Services
414 F. App'x 431 · Court of Appeals for the Third Circuit · Feb 9, 2011
Though Dry and Bahl claimed that they were immune from plaintiffs‟ action, the District Court ruled that neither was entitled to either absolute or qualified immunity, and that plaintiffs could present evidence in support … We held that even assuming “that plaintiffs had a constitutional right to a post-deprivation hearing within 72 hours and that this right was clearly established at the relevant time, we consider it objectively reasonable
Cited 2 timesUnpublishedAngeline OSTAPOWICZ, Plaintiff-Appellee, v. JOHNSON BRONZE COMPANY, Defendant-Appellant
541 F.2d 394 · Court of Appeals for the Third Circuit · Sep 29, 1976
After a five-day qualifying period on the machine, the employee was required to demonstrate his ability to both set-up and operate the machine. … The findings of fact which support these conclusions must be shown to be clearly erroneous in order to be overturned. Fed.R.Civ.P. 52(a). As we stated in Krasnov v.
Questioned — as noted by a later courtCited 325 timesPublishedNational Freight, Inc. v. Larson
760 F.2d 499 · Court of Appeals for the Third Circuit · Apr 23, 1985
If Congress, in section 2311(b), had already required states to permit these vehicles on all of their public highways, there would clearly be no need for section 2312. … This is clearly accomplished by requiring all states to permit the operation of 48-foot trailers and twin trailers on any segment of the National Network.
Cited 2 timesPublished904 F.2d 826 · Court of Appeals for the Third Circuit · May 31, 1990
, the presence of a substance addiction disorder has been established.... … Thus, the district court's reliance upon this testimony is clearly insufficient to sustain its order granting judgment in favor of the class.
Cited 108 timesPublishedMartin v. Lakewood Police Department
266 F. App'x 173 · Court of Appeals for the Third Circuit · Feb 22, 2008
An officer’s subjective intent in carrying out the challenged action is immaterial to a qualified immunity analysis. … of the legal rules that were ‘clearly established’ at the time it was taken.”
Cited 0 timesUnpublishedFrank E. MATINCHEK v. JOHN ALDEN LIFE INSURANCE COMPANY, Appellant
93 F.3d 96 · Court of Appeals for the Third Circuit · Aug 19, 1996
Thus, the record evidence establishes that Matinehek made at least three misrepresentations on his enrollment form. … Matinchek’s employment which qualifies as a Welfare Benefit Plan’ within the meaning of 29 U.S.C. § 1002 (1).”
Cited 37 timesPublishedRoger Vanderklok v. United States
Court of Appeals for the Third Circuit · Jun 12, 2019
In the alternative, it held that, “[i]n the absence of prior case law showing that the decision made by the [police officer defendants] to arrest Vanderklok violated a ‘clearly established’ Fourth Amendment right, qualified … Thus, “law enforcement officers acting within their professional capacity are generally immune from trial insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 0 timesUnpublishedCourt of Appeals for the Third Circuit · Jun 12, 2000
The Qualified-Immunity Claim In addition to seeking interlocutory review of his good- faith defense, Kulaylat also invites us to consider his claim to qualified immunity. … We further hold that because Kulaylat did not assert his qualified-immunity claim below, he is barred from raising it in this appeal.
Cited 0 timesUnknownQuintez Talley v. John E. Wetzel
15 F.4th 275 · Court of Appeals for the Third Circuit · Sep 27, 2021
Circuit and hold that a dismissal due to the district court’s decision not to exercise supplemental jurisdiction over state-law claims does not qualify the case as a strike under the PLRA.”). … While Talley also argues that the District Court clearly erred when finding that amendment of his complaint would have been futile, this argument is based on the Talley II court’s alleged lack of personal jurisdiction over
Cited 458 timesPublished881 F.2d 1184 · Court of Appeals for the Third Circuit · Jul 24, 1989
However, we believe that it is clearly possible to read the two provisions as independent and consistent requirements. … Immunization from compliance for an entire class of cities was not contemplated by Congress.
Cited 26 timesPublishedBhaya v. Westinghouse Electric Corp.
922 F.2d 184 · Court of Appeals for the Third Circuit · Dec 28, 1990
Keeping in mind that “smoking guns” are rarely available to the plaintiffs in employment discrimination cases, the evidence proffered at the first trial was clearly sufficient to establish the relevance of Parzick’s testimony … Borden established that staff and management held weekly meetings to discuss layoffs.
Cited 42 timesPublishedGeisinger Community Medical Center v. Secretary United States Department of Health & Human Services
794 F.3d 383 · Court of Appeals for the Third Circuit · Jul 23, 2015
No. 106-113, 113 Stat. 1501 (1999) (“Section 401”), enacted ten years after the Board was established, creates a separate mechanism by which qualifying hospitals’ located in urban areas “shall [be] treatfed] ... … In the Conference Report accompanying Section 401, Congress highlighted several benefits of a hospital receiving Section 401 status: Hospitals qualifying under this section shall be eligible to qualify for all categories
Cited 17 timesPublishedDoubarn Sheet Metal, Inc. v. Sheet Metal Workers' International Association, Local Union No. 19
547 F.2d 221 · Court of Appeals for the Third Circuit · Jan 14, 1977
that area, and the Employer shall be otherwise governed by the established working conditions of that local Agreement. … The SASMI fund is then used to pay benefits to qualifying sheet metal workers who are unemployed because of periodic unemployment in the industry.
Cited 2 timesPublishedMather & Co. v. Commissioner of Internal Revenue
171 F.2d 864 · Court of Appeals for the Third Circuit · Jan 3, 1949
Charles, Victor, and Gilbert were each given 250 shares; Josephine, 50, of which 3 were initially issued to three other individuals for the purpose of qualifying them as directors; and the remaining 200 shares became treasury … The legislative history of this provision indicates that its purpose was to establish “new rules for those exchanges or ‘trades’ in which, although a technical ‘gain’ may be realized under the present law, the taxpayer actually
Cited 10 timesPublished602 F.2d 1149 · Court of Appeals for the Third Circuit · Jul 24, 1979
Of course, any rule that withholds aid from qualified applicants preserves state funds. … The Supreme Court concluded: “The challenged classification clearly cannot be sustained by reference to this legislative purpose.
Cited 38 timesPublished299 F.3d 197 · Court of Appeals for the Third Circuit · Jul 25, 2002
The District Court concluded that even if Bradley had made out a prima facie claim of a constitutional violation, the three named customs inspectors would be entitled to qualified immunity. … We note, however, that in April 1999, when Bradley arrived at the Newark 10 International Airport, there was no law post-Montoya de Hernandez, much less "clearly established" law, that at
Cited 72 timesPublishedEstate of Palumbo v. United States
675 F.3d 234 · Court of Appeals for the Third Circuit · Apr 2, 2012
A district court’s ruling can only be reversed under abuse of discretion review if its decision was arbitrary, irrational, fanciful, clearly unreasonable, or based on a “clearly erroneous finding of fact, an errant conclusion … (ii) which meets the requirements of the 1st sentence of section 2412(d)(1)(B) of Title 28, United States Code (as in effect on October 22, 1986) except to the extent differing procedures are established
Cited 5 timesPublished
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