Case law

Smithers v. Bailar

629 F.2d 892 · Court of Appeals for the Third Circuit · Sep 2, 1980

The district court first determined that appellant had established a prima facie case of age discrimination: He has shown that (1) he belonged to the protected class, (2) that he applied and was qualified for the position … Nevertheless, the “general concern” of the Board, as found by the court, was that “Barry was more articulate and could present himself and his position more clearly than could Smithers.” Smithers at 15.

Jomear Martin v. City of Newark

Court of Appeals for the Third Circuit · Dec 28, 2018

The District Court held that Wilson was entitled to qualified immunity because his use of deadly force was neither objectively unreasonable nor against clearly established law. … Qualified immunity operates to protect a public official from civil liability — even litigation — so long as he did not “violate clearly established statutory or constitutional rights of which a reasonable person would

United States v. Carlos Hill

98 F.4th 473 · Court of Appeals for the Third Circuit · Apr 12, 2024

In June 2018, the District Court partially granted Hill’s § 2255 motion because one of Hill’s predicate convictions no longer qualified under the ACCA. … “In a [§ 2255] proceeding, we exercise plenary review of the district court’s legal conclusions and apply a clearly erroneous standard to the court’s factual findings.” United States v.

Kathleen Hackett, on Behalf of Herself and All Others Similarly Situated v. General Host Corporation

455 F.2d 618 · Court of Appeals for the Third Circuit · Jan 14, 1972

But even in this field, the “death knell” rationale, based upon the assumption that no competent lawyer would undertake a complicated case to recover a small amount of money, must be qualified by several considerations. … See also 28 U.S.C. § 2678 (1971) providing for reasonable attorneys’ fees in suits involving torts committed by the Federal Government where its immunity has been waived. .

Chatlos Systems, Inc., a New Jersey Corporation v. National Cash Register Corporation. Appeal of Ncr Corporation

670 F.2d 1304 · Court of Appeals for the Third Circuit · Feb 11, 1982

We may reverse the district court only if its factual determinations were clearly erroneous. Krasnov v. … The record reveals that he was well qualified; the weight to be given his testimony is the responsibility of the factfinder, not an appellate court.

Adel Mikhaeil v. Angel Santos

646 F. App'x 158 · Court of Appeals for the Third Circuit · Apr 13, 2016

Among other things, Mikhaeil did not allege facts establishing that Reinke had the requisite personal involvement with Mikhaeil’s case. See Rode v. … Additionally, even if their actions were unreasonable, we would agree with the District Court that the named officers were entitled to qualified immunity. See Pearson v.

Lauren v. Deflaminis

480 F.3d 259 · Court of Appeals for the Third Circuit · Mar 22, 2007

coupled with timing to establish a causal link. … DeFlaminis and Lugar, respectively, claim municipal and qualified immunity on appellants' retaliation claims.

Fraternal Order of Police, Lodge No. 5 v. City of Philadelphia

859 F.2d 276 · Court of Appeals for the Third Circuit · Oct 13, 1988

It is also clearly established that the privilege against self-incrimination is not infringed when police officers are disciplined or discharged for failing to “answer questions specifically, directly, and narrowly relating … This finding, then, is clearly erroneous. There are only two consequences that we can detect based on the record before us of opting out of the application process.

Xiurong Liu v. Attorney General of the United States

343 F. App'x 788 · Court of Appeals for the Third Circuit · Sep 1, 2009

In dismissing her appeal, the BIA concluded that Liu was unable to demonstrate on appeal that the IJ’s adverse credibility finding was clearly erroneous. … It is well-recognized that an alien who is unable to establish refugee status for the purpose of asylum will be unable to establish the right to withholding of removal.

Ms. Antonina Cannuni on Behalf of Joseph M. Cannuni v. Richard Schweiker, Secretary of Health and Human Services. Appeal of Antonina Cannuni

740 F.2d 260 · Court of Appeals for the Third Circuit · Aug 1, 1984

If that was the basis for finding that an overpayment had been made, it was clearly erroneous. … Such a statement hardly qualifies as a legal opinion or as a basis to deny reconsideration.

Helms v. Hewitt

655 F.2d 487 · Court of Appeals for the Third Circuit · Jun 30, 1981

We therefore leave the issue of official immunity to the district court on remand. … The rule establishes the Hearing Committee whose function has been described in the text.

United States v. Lawyer Lee Walker

202 F.3d 181 · Court of Appeals for the Third Circuit · Jan 20, 2000

Clearly, Walker is a prisoner. … premise that Walker assaulted Wadeck while Wadeck was engaged in guarding prisoners. 4 Walker does not contest the district court’s factual findings, but rather only its legal conclusion that those facts were sufficient to establish

David White v. Michaelann Andrusiak

655 F. App'x 87 · Court of Appeals for the Third Circuit · Jul 15, 2016

In the alternative, the Court concluded that Condict was protected by qualified immunity. Id. at *7. White timely appealed. II. … time of the challenged conduct,” and Condict would thus be protected by qualified immunity. Reichle v. Howards, 132 S. Ct. 2088, 2093 (2012). 8

United States v. Umberto Anastasio, Also Known as Albert Anastasia

226 F.2d 912 · Court of Appeals for the Third Circuit · Nov 16, 1955

The Supreme Court has spoken clearly and often on the independent close scrutiny that courts should make in such proceedings. Schneiderman v. … It was the practice to issue qualified certificate of arrival and in those cases subject to the acceptance of the naturalization examiner. *918 “Q.

In re Torchia

188 F. 207 · Court of Appeals for the Third Circuit · Jun 20, 1911

It therefore passed to the trustee with the same restriction that qualified it in the bankrupt’s own hands. … These creditors owned certain mortgages and mechanics’ liens; but it appears clearly that they would have suffered no injury at all, even if the bankrupt himself had been paid the money, for the mortgagees had still an ample

J.C. Penney Life Insurance Company v. Christian J. Pilosi James C. Pilosi

393 F.3d 356 · Court of Appeals for the Third Circuit · Dec 28, 2004

Although it was not favored, Caesars would also allow passengers who, in Caesars’ estimation, had the potential to qualify as a “qualified player”- or- someone who was a guest of a “qualified player.” … The flights *371 that Caesars chartered were clearly not open to anyone with money who wanted to fly. The fact that Mrs.

Wedgewood Village v. United States

Court of Appeals for the Third Circuit · Sep 1, 2005

“An abuse of discretion arises when ‘the District Court’s decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.’” Id. … Thus, Congress clearly stated by the very terms of the 1962 amendments that those amendments were not intended to alter the FDA’s preexisting authority.

Gurmankin v. Costanzo

626 F.2d 1132 · Court of Appeals for the Third Circuit · Jul 15, 1980

the numerosity requirement out of the class action rule, even when the suit is one for employment discrimination; we are not authorized to do so since the rule does not permit elimination of any of the four prerequisites established … The district court’s opinion clearly indicates that the court was under the impression that there was a commitment by the School District at least to take the affirmative action referred to in the opinion to rectify past

Willie Coley v. County of Essex

462 F. App'x 157 · Court of Appeals for the Third Circuit · May 26, 2011

Finally, Coley had not clearly denied the allegations in the recorded telephone conversations. … Because the decision to present the case against Coley to a grand jury is clearly a law enforcement function, the ECPO qualifies for immunity.

United States v. Galex

341 F. App'x 775 · Court of Appeals for the Third Circuit · Aug 11, 2009

It is readily apjoarent from the evidence here that the government’s approval of Galex’s benefits over the years establishes nothing more than the success of his fraudulent scheme. … Accordingly, the evidence was clearly sufficient to support his conviction. For all of the above reasons, we will affirm the judgment of conviction.