Case law

John Cervase v. Office of the Federal Register

580 F.2d 1166 · Court of Appeals for the Third Circuit · May 30, 1978

Although the regulations do not define the term “index,” the Committee clearly intended that the word have its ordinarily understood meaning. … Act. 21 This new statute amended 5 U.S.C. § 702 to provide for a general waiver of sovereign immunity whenever non-monetary relief is sought.

H.I. Hettinger & Co. v. Municipality of St. Thomas and St. John H.I. Hettinger & Co. v. Municipality of St. Croix

187 F.2d 774 · Court of Appeals for the Third Circuit · Apr 9, 1951

Thomas .gross receipts tax, it disregards the qualifying phrase at the end of the exemption section which reads “when not engaged in the conduct of busi *513 ness pursuits for profit.” … Ed. 3 . 4 In that case the Supreme Court said that there was no constitutional immunity of the United States from state taxation imposed in the form of a sales tax and which was applied to the purchase of building materials

Town Court Nursing Center, Inc. v. Beal

586 F.2d 280 · Court of Appeals for the Third Circuit · Sep 29, 1978

In sum, the Medicare and Medicaid programs appear to establish a “legitimate claim of entitlement” which must be accorded due process protection. … This flexible framework for analyzing what procedural safeguards are mandated by due process has been clearly articulated in Mathews v.

Jeffery Montgomery v. Steven Pinchak Al Ortiz Terry Moore C. Naficy, Mr. C.M.S. Correctional Medical Service

294 F.3d 492 · Court of Appeals for the Third Circuit · Jun 25, 2002

We therefore conclude that Montgomery’s allegations clearly state a non-frivolous, prima facie case of deliberate indifference to a serious medical need and that the already established evidence indicates more than an “extremely … Therefore, we find that to prove any serious deterioration in his heart’s condition or in his immune system, Montgomery would need the testimony of a medical expert.

Singh v. Attorney General of the United States

495 F. App'x 226 · Court of Appeals for the Third Circuit · Sep 11, 2012

Although clearly sympathizing with Singh’s plight, the IJ nevertheless determined that Singh had not established to the Court’s satisfaction that his conspiracy conviction was not a prohibited trafficking offense, especially … 2) the hypothetical federal felony approach, if the state conviction would qualify as a felony under the CSA.

Jacqueline Watson, Appellant/cross-Appellee v. Southeastern Pennsylvania Transportation Authority ("Septa"), Appellee/cross-Appellant

207 F.3d 207 · Court of Appeals for the Third Circuit · Mar 20, 2000

See Webster’s Third New International Dictionary 601 (1971)(defining “demonstrate” as “to manifest clearly, certainly, or unmistakably”). … Under Smith , it is clearly proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown.

National Land & Investment Co. v. Specter

428 F.2d 91 · Court of Appeals for the Third Circuit · Jun 25, 1970

And again we find that appellants have failed to establish the existence of such harm. … . § 1983 ] to maintain a suit in equity in the federal courts to protect the suitor against a deprivation of rights or immunities secured by the Constitution, has been preserved, and that whenever the right of immunity is

Omar Frias-Camilo v. Attorney General United State

826 F.3d 699 · Court of Appeals for the Third Circuit · Jun 23, 2016

As a result, aliens who have clearly been guilty of criminal behavior and whom Congress intended to be considered “convicted” have escaped the immigration consequences 6 … Nor could he, as his argument runs headlong into the plain establish his plea or the adjudication of his charges.

Dale Morgan v. Centre County

Court of Appeals for the Third Circuit · Jan 12, 2026

But even if Brown violated Morgan’s rights, Brown is entitled to qualified immunity if the unlawfulness of his conduct was not clearly established at the time. District of Columbia v. … The District Court found no such clearly established right, so it ruled that Brown was entitled to qualified immunity. We agree.

Maurice Robinson v. Patrick Arvonio, Superintendent, East Jersey State Prison Robert J. Del Tufo, Attorney General of the State of New Jersey

27 F.3d 877 · Court of Appeals for the Third Circuit · Jul 14, 1994

And if you’ll recall, ladies and gentlemen, we took a recess, and when we came back, I asked him, I said, “Did the Prosecutor promise you immunity?” What did he say — “Oh, yes, he did promise me immunity.” … The language of the opinion, however, clearly puts the burden on the habeas petitioner, not on the state.

United States v. Dontey Tucker

703 F.3d 205 · Court of Appeals for the Third Circuit · Dec 21, 2012

Holder, 557 U.S. 29, 41 (2009). 2 If Tucker had actually received a sentence of ten years for either conviction, it would clearly qualify as a “serious drug offense,” but he did not: He received a sentence of fifteen … P. 560(B)(5), and establish that “[i]n all court cases tried on an information, the issues at trial shall be defined by such information.” Pa. R. Crim. P. 560(D).

Thomas C. Ramseur v. Howard C. Beyer, Superintendent, New Jersey State Prison, Robert Del Tufo, New Jersey Attorney General

983 F.2d 1215 · Court of Appeals for the Third Circuit · Dec 31, 1992

The record does not clearly establish the race of Mr. Ikena, Mr. Smith, or Ms. Hardwick. … In the present case, the first criterion is clearly met.

New Jersey Bank, N. A. v. Bradford Securities Operations, Inc.

690 F.2d 339 · Court of Appeals for the Third Circuit · Sep 30, 1982

Nor are we convinced that a forgery could never qualify for the exception in section 8-205, for the forgery of an authorized signature by a person entrusted with the responsible handling of the certificate might fit within … BSOI does not embellish its “complete defense” contention with either case authority or analysis but rests on the submission that a “complete defense” under the UCC perforce must immunize it from all liability, of any type

52 Fair empl.prac.cas. 166, 52 Empl. Prac. Dec. P 39,686 Green, Elbert G., and Danley, Robert Individually and as Representatives of Persons Similarly Situated v. Usx Corporation, Formerly Known as United States Steel Corporation, No. 86-1554. Green, Elbert G., and Danley, Robert Individually and as Representatives of Persons Similarly Situated No. 86-1568 v. Usx Corporation, Formerly Known as United States Steel Corporation

896 F.2d 801 · Court of Appeals for the Third Circuit · Feb 23, 1990

Applicant flow data accurately reflects the pool of qualified candidates. … seniority system "is a pure question of fact, subject to [Fed.R.Civ.P.] 52(a)'s clearly-erroneous standard.

National Railroad Passenger Corp. v. Pennsylvania Public Utility Commission

342 F.3d 242 · Court of Appeals for the Third Circuit · Aug 27, 2003

As part of the RPSA, Congress created Amtrak and provided private railroads the opportunity to transfer their passenger-service obligations to Amtrak, which Congress had established for that purpose. … The Commonwealth Court clearly overlooked the fact that SEPTA was a party to both the PUC proceedings and the Consent Decree proceedings.

Vincent Sherard v. Berks County

576 F. App'x 66 · Court of Appeals for the Third Circuit · Aug 21, 2014

Two were not state-actors, one was protected by judicial immunity, and two were entitled to qualified immunity. … But even if they were not functioning as an arm of the court, they are entitled to qualified immunity because neither violated Sherard’s clearly established rights through the conduct that Sherard described.

Cospito v. Attorney General of the United States

539 F.3d 166 · Court of Appeals for the Third Circuit · Aug 14, 2008

. §§ 1182 (h) & (i)] insofar as both waivers require the applicant to establish hardship to a qualifying relative if the applicant is removed, a requirement the IJ concluded Cospito was unable to meet. … The BIA further found that the IJ did not clearly err in finding those written materials to be more persuasive of what Cospito told the DHS agency official than her subsequent unsupported statements to the contrary.

Gleeson v. Prevoznik

190 F. App'x 165 · Court of Appeals for the Third Circuit · Jul 24, 2006

to establish an entitlement to qualified immunity. … We find no error in the District Court’s analysis of the qualified and absolute immunity issues, and, accordingly, we will affirm the District Court’s order. 6

Erika Eberhardinger v. City of York

Court of Appeals for the Third Circuit · Aug 5, 2019

On appeal, Officer Smith argues that his actions did not violate “clearly established” Fourth Amendment law and that, therefore, he is entitled to qualified immunity. Mullenix v. Luna, 136 S. Ct. 305, 308 (2015). … Discussion1 Qualified immunity shields police officers from claims for money damages brought pursuant to § 1983 “so long as their conduct ‘does not violate clearly established statutory or constitutional rights

Joseph B. KAUFFMAN Et Al. v. the DREYFUS FUND, INC., Et Al., Investors Diversified Services, Inc., Et Al., Appellants

434 F.2d 727 · Court of Appeals for the Third Circuit · Oct 20, 1970

It is this concept of separate identities which is the basis for distinguishing the rights, responsibilities, and immunities of shareholders from the rights and obligations of the corporation. … Appellee further argues, however, that his right to sue is established by the antitrust character of this action.