Case law

Miller v. Philadelphia Geriatric Center

463 F.3d 266 · Court of Appeals for the Third Circuit · Sep 12, 2006

The amended complaint, prepared and signed by experienced counsel, clearly states on the first page that Miller was bringing this action “pursuant to the Pennsylvania Survival Act, 42 Pa. Cons.Stat. § 8802.” … The absence of a wrongful death claim would not have been surprising in light of the fact that Miller did not qualify as one of the enumerated beneficiaries for whom the statute created a right of action.

prod.liab.rep.(cch)p 11,648 Melvin White, Etc. v. Amoco Oil Company and Hattie G. Clifton, Defendant-Third Party Plaintiff- Cross-Appellant v. Mission Insurance Co., Defendant-Appellant-Appellee v. Hill-Acme Corp., the Deutsch Co. And Western Employers Insurance Co., Third Party Cross-Appellees

835 F.2d 1113 · Court of Appeals for the Third Circuit · Feb 23, 1988

Even if the stipulations did not establish General Gas Company's expertise, the district court's finding that General Gas was a sophisticated user is not clearly erroneous. 33 4. … The four turns did establish a gas tight seal.

United States v. Ronald Peppers

899 F.3d 211 · Court of Appeals for the Third Circuit · Aug 13, 2018

Robinson, 404 F.3d 850, 862 (4th Cir. 2005) (“[A] district court has no discretion to impose a sentence outside of the statutory range established by Congress for the offense of conviction.” … “Given the clearly laid out alternative elements of the Pennsylvania robbery statute, it is obviously divisible and, therefore, a sentencing court can properly look to the kinds of documents listed by the Supreme Court in

Santos v. United States

Court of Appeals for the Third Circuit · Mar 11, 2009

limitations provision separate from the waiver of immunity section. 28 U.S.C. §§ 2674, 2401(b). … “As the Supreme Court has instructed, it is clearly the prerogative of Congress, not the judiciary, to reform the terms and scope of waiver of sovereign immunity beyond that which Congress intended.”

Singer Management Consultants, Inc. v. Milgram

650 F.3d 223 · Court of Appeals for the Third Circuit · Jun 15, 2011

Hampton, 446 U.S. 754, 758 (1980) (per curiam) (emphases added); see also id. at 757 (―[I]t seems clearly to have been the intent of Congress to permit such an interlocutory award only to a party who has established his entitlement … My “different” qualifying facts are clearly found in the record of this case. Moreover, my facts support a finding of “prevailing party.”

Weldon v. Celotex Corporation

695 F.2d 67 · Court of Appeals for the Third Circuit · Dec 14, 1982

state law because, even if there is an otherwise actionable wrong here, it does not fall outside the coverage of the Occupational Disease Act 6 The Act was amended in 1972 so that it is no longer necessary for a claimant to establish … an "accident" in order to qualify for benefits.

Rivera v. Algarin

350 F. App'x 703 · Court of Appeals for the Third Circuit · Aug 26, 2009

Although prosecutorial immunity is not unlimited in scope, it clearly applies when prosecutors are acting in the role of advocates on behalf of the state. See id.; see also Odd v. … Norrod, 106 F.3d 1289, 1295 (6th Cir.1997) ("[Fjailure to comply with established procedures does not deprive the fugitive of any protected right.").

John Bean v. Piedmont Interstate Fair Association, in the Matter of John Bean v. Piedmont Interstate Fair Association, and Piedmont Interstate Fair Association, Third Party v. Fireworks Corporation of America, a Corporation, Jack Kochman and Jack Kochman, Inc., a Corporation, Third Parties C.A. 1268

222 F.2d 227 · Court of Appeals for the Third Circuit · Apr 14, 1955

The City reserves the right to use the grounds and facilities and to establish suitable athletic fields for the public as may be deemed necessary by the City Council. … It is clearly shown that the Fair is conducted to exploit and promote the interests of the citizens of certain counties for the bylaws show that the exhibitions are held in order to promote the sales of local products and

Tobin v. Badamo

78 F. App'x 217 · Court of Appeals for the Third Circuit · Oct 21, 2003

The Tobins also challenge the District Court’s grant of summary judgment to Skrincosky and Skroback as individuals, based on the finding that they enjoyed qualified immunity. … Government officials enjoy immunity from civil actions related to their discharge of discretionary functions, as long as their conduct does not “violate 5 clearly established

Westfarm Associates Limited Partnership v. Washington Suburban Sanitary Commission

66 F.3d 669 · Court of Appeals for the Third Circuit · Sep 27, 1995

"[T]he law is well established that counsel for the State or one of its agencies may not either by affirmative action or by failure to plead the defense, waive the defense of governmental immunity in the absence of express … The Tenth Circuit held further that even if the cap were sovereign immunity, sovereign immunity is waived when not raised, as a matter of federal law.

Interfaith Community Organization Lawrence Baker Martha Webb Herring Margaret Webb Rev. Winston Clarke Margarita Navas v. Honeywell International, Inc. Formerly Known as Alliedsignal, Inc. Roned Realty of Jersey City, Inc. Roned Realty of Union City, Inc. W.R. Grace & Company Ecarg, Inc. W.R. Grace, Ltd. W.R. Grace & Company Ecarg, Inc. W.R. Grace, Ltd., Defendants/third-Party v. Heller-Jersey City, L.L.C. Home Depot, U.S.A. Seaman Furniture Company, Inc., Third-Party Hackensack Riverkeeper, Inc. William Sheehan v. Honeywell International, Inc. F/k/a Alliedsignal, Inc. Roned Realty of Jersey City, Inc. Roned Realty of Union City, Inc. W.R. Grace, Ltd. Honeywell International, Inc.

426 F.3d 694 · Court of Appeals for the Third Circuit · Oct 19, 2005

A decision by a district court that a party qualifies for one or both of the exceptions to the forum rate rule is a factual finding that we may not upset unless we find it to be clearly erroneous; however, we will not affirm … Thus, the fee-shifting statute acted as a waiver of sovereign immunity, and the Court was obligated to interpret the language of the statute in light of the principle that "waivers of sovereign immunity are to be construed

Damico v. Harrah's Philadelphia Casino & Racetrack

674 F. App'x 198 · Court of Appeals for the Third Circuit · Dec 14, 2016

The District Court also found that, in the alternative, Buch had qualified immunity. The state law claims against Buch were dismissed on the basis of sovereign immunity, which the state had not waived in this context. … As such, we need not reach the question of qualified immunity. See Pearson v.

USX Corp. v. Adriatic Insurance

345 F.3d 190 · Court of Appeals for the Third Circuit · Sep 25, 2003

. § 1603 (“section 1603”), a provision of the Foreign Sovereign Immunities Act of 1976, 28 U.S.C. § 1602 et seq. … In passing the FSIA, Congress adopted the so-called restrictive theory of sovereign immunity, whereby a foreign state (including its agencies and instrumentalities) is immune from suit for its public or sovereign activities

Reppert v. Marino

259 F. App'x 481 · Court of Appeals for the Third Circuit · Dec 27, 2007

The District Court granted summary judgment to .defendant Lake on count one (illegal arrest) based on qualified immunity, and granted summary judgment on counts five (civil conspiracy), six (policy of racial profiling) and … This portion of Devanney’s testimony therefore qualifies as an admission of a party-opponent.

Betsy Sue Johnson v. Elk Lake School District Wayne Stevens Charlotte A. Slocum School Board Elk Lake School District

283 F.3d 138 · Court of Appeals for the Third Circuit · Mar 1, 2002

. § 78u-4(a)(3), was clearly based on a law review article by Professors Elliott J. … The "for the purpose of” language of the indecent assault statute clearly establishes that the conduct underlying an offense must have been intentional. 15 .

21 Employee Benefits Cas. 1209, Pens. Plan Guide (Cch) P 23935e Capt. John Paul Jordan v. Federal Express Corporation, Administrator Fixed Pension Plan for Seaboard World Airline Pilots Flying Tiger Line, Inc. Variable Annuity Pension Plan for Pilots Federal Express Corporation Employee's Pension Plan. Appeal of John Paul Jordan

116 F.3d 1005 · Court of Appeals for the Third Circuit · Jun 19, 1997

Jordan as your survivor, in the absence of a Qualified Domestic Relations Order certified by the court." 13 Jordan sent Federal Express a copy of a Qualified Domestic Relations Order issued by the Mercer County Court of Common … It was not until June 3, 1989 that the Administrator received the documents establishing Jordan's disability status.

Cole v. Montague Board of Education

145 F. App'x 760 · Court of Appeals for the Third Circuit · Aug 26, 2005

The Coles next contend that defendant Loevlie is not entitled to qualified immunity. See Reply Br. … Government officials are generally shielded from liability for civil damages unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. Smith v.

Lin-Zheng v. Atty Gen USA

Court of Appeals for the Third Circuit · Feb 19, 2009

According to Lin-Zheng, his wife’s 4 treatment in China allowed him to establish his own persecution, thus allowing him to qualify for asylum under the broadened definition of “refugee … In addition, since Lin-Zheng must establish he is a “refugee,” to qualify for either asylum or withholding of removal, we will simplify by using “asylum” to refer to both claims unless otherwise indicated.

Pineda v. Ford Mtr Co

Court of Appeals for the Third Circuit · Mar 24, 2008

Pineda proffered Clauser as an expert to establish two 17 points. … However, the Rule’s balancing test clearly establishes a presumption against disclosure to the jury of otherwise inadmissible evidence. See Fed. R. Evid. 703 advisory committee’s notes (2000 Amendments).

In re Japanese Electronic Products Antitrust Litigation

723 F.2d 238 · Court of Appeals for the Third Circuit · Dec 5, 1983

These findings are clearly erroneous. Mr. Shimizu's signature on the document and the fact that he attended the meeting establish both authorship and personal knowledge. … The trial court's findings about DSS 98 are clearly erroneous.