Case law

Dorothy L. Draper, Individually and as General Administratrix and Administratrix Ad Prosequendum of the Estate of Robert W. Draper, Deceased v. Airco, Inc. And United States Steel Corporation, Airco, Inc., and Third-Party in No. 77-1836 v. W. v. Pangborne & Co., Inc., Third-Party in No. 77-1837. Appeal of United States Steel Corporation in No. 77-1905

580 F.2d 91 · Court of Appeals for the Third Circuit · Jun 28, 1978

Heavner was described as establishing a "limited and special exception" which was not applicable. Id. at 333. See also Mellk v. … Heintz Manufacturing Co., 385 Pa. 296 , 122 A.2d 699 (1956), as establishing its immunity from suit is misplaced. That case provides no immunity for an employer who does not otherwise qualify as a statutory employer.

Yarelis Rivera v. Ronald Edwards

Court of Appeals for the Third Circuit · Nov 21, 2023

immunity even had they infringed upon such a right because the unlawfulness of their conduct was not clearly established. … In particular, the State Defendants urge us to affirm the District Court’s dismissal based on the doctrine of qualified immunity, which exempts defendants from liability under section 1983 if a federal right was not “clearly

Philadelphia National Bank and Philadelphia National Corporation v. United States

666 F.2d 834 · Court of Appeals for the Third Circuit · Dec 11, 1981

The Authority was formed to construct and operate toll bridges and tunnels in the New York area, was granted the power of-eminent domain and was immunized from suit. … This is clearly demonstrated by Burton v.

United States v. Winston C. Graham A/K/A Vincent Graham, A/K/A Michael Diamond A/K/A Tyrone L. Simmons, Winston C. Graham

169 F.3d 787 · Court of Appeals for the Third Circuit · Mar 5, 1999

The reference was clearly to the term imposed and not to the statutory minimum. … We conclude that when Congress amended the law it did not intend to establish a minimum penalty threshold. Instead, it lowered the maximum penalty required to make a theft violation an aggravated felony. Cf.

Strathie v. Department of Transportation

716 F.2d 227 · Court of Appeals for the Third Circuit · Sep 8, 1983

After working for Van Trans as a school bus driver for one day, Strathie was notified by the Department of Transportation that his Class 4 license was suspended indefinitely and until his competency was established. … Cole’s deposition could be read to say that a stereo hearing aid does not fully cure the sound localization difficulties of any hearing aid wearer, there is testimony from expert Leidy which is clearly to the contrary.

Vazquez v. Rossnagle

31 F. App'x 778 · Court of Appeals for the Third Circuit · Mar 29, 2002

immunity. … Because we have determined that Rossnagle had probable cause to arrest Vasquez, we do not need to go on to consider the second issue of qualified immunity.

Thomas v. City of Erie

236 F. App'x 772 · Court of Appeals for the Third Circuit · Jun 8, 2007

We ask whether the right was clearly established at the time of the violation. Id. at 141. … If it was not clearly established, then the officials are entitled to qualified immunity, and the plaintiff’s claim must be dismissed. Thomas challenges the actions of the Defendants on two grounds.

Justin Layshock v. Hermitage Sch Dist

Court of Appeals for the Third Circuit · Jun 13, 2011

It also held that Ionta and Gill were entitled to summary judgment on Justin’s First Amendment claim based on qualified immunity, and that all of the defendants were entitled to summary judgment on the vagueness/overbreadth … The district court granted summary judgment to the school district and Morse, holding that they were entitled to qualified immunity and that they had not infringed Frederick’s First Amendment rights. Id. at 399.

United States v. Joseph Nagle

803 F.3d 167 · Court of Appeals for the Third Circuit · Sep 30, 2015

Because Cruz was of Filipino descent, Marikina qualified as a DBE for FHWA and FTA projects. Marikina was certified as a DBE in Connecticut and Pennsylvania, among other states. … Its wrongs are not his wrongs; its immunity is not his immunity.” Id. Finally, in Williams v.

Cathalene Johnson v. Federal Express Corp

604 F. App'x 183 · Court of Appeals for the Third Circuit · Mar 20, 2015

This case is easily distinguishable from Ortiz, in which a motion for summary judgment based on the defense of qualified immunity was denied and the plaintiff’s claim went to trial. Ortiz, 562 U.S. at 183. … In Ortiz, the Supreme Court held that the defendants’ failure to file a motion under Rule 50(b) rendered the appellate court “powerless” to review their defense of qualified immunity.

American Fruit Growers, Inc. v. Brogdex Co.

35 F.2d 106 · Court of Appeals for the Third Circuit · Oct 7, 1929

The exposed tissues become impregnated with the reagent and render them immune to attack. It has been found that the solution acts best when it is about 115° to 120° Fahrenheit. … The burden of proof rests upon the defendant to establish prior use and every doubt should be resolved against him.

Seydou Toure v. Attorney General of the United States

443 F.3d 310 · Court of Appeals for the Third Circuit · Apr 5, 2006

The legal precepts underlying Toure’s claim are well established. The Attorney General has the discretionary power to grant asylum to an alien who qualifies as a refugee within the meaning of 8 U.S.C. § 1101 (a)(42)(A). … Even more significant, the persecutors’ statements clearly indicate that the persecutions were politically and ethnically motivated.

Regina Bailey v. Joseph Gibbons

508 F. App'x 136 · Court of Appeals for the Third Circuit · Jan 3, 2013

In the context of a § 1983 action, we consider the applicability of qualified immunity. … A police officer enjoys complete immunity from suit either if his actions did not violate a constitutional right, or if his actions did not violate clearly established law known to a reasonable person. See Lamont v.

Dee v. Borough of Dunmore

Court of Appeals for the Third Circuit · Dec 4, 2008

In Miller, a former employee of the Clinton County probation office sought to establish a property interest in her continued employment. … Kacal, 928 F.2d 697, 701-02 (5th Cir. 1991) (“To establish the [plus] portion of the stigma plus infringement test, a claimant must establish that the state sought to remove or significantly alter a life, liberty

Ralph J. Paolino v. Channel Home Centers and Air Control Industries, Inc

668 F.2d 721 · Court of Appeals for the Third Circuit · Feb 23, 1982

Whether he will be able to establish an earlier notice must await proof at trial. … Air Control is not qualified to do business in Pennsylvania.

Gurmankin v. Costanzo

556 F.2d 184 · Court of Appeals for the Third Circuit · Apr 25, 1977

These findings are not clearly erroneous. III. … Nestor, 363 U.S. 603, 611 , 80 S.Ct. 1367, 1373 , 4 L.Ed.2d 1435 (1960), which established a different due process standard for evaluating classification under the Social Security Act: “ . . .we must recognize that the Due

Cureton v. National Collegiate Athletic Ass'n

198 F.3d 107 · Court of Appeals for the Third Circuit · Dec 22, 1999

score required for qualifiers. … A partial qualifier cannot compete in intercollegiate athletics during his or her freshman year, but is eligible to receive athletically related financial aid. See id. Shaw, Gardner, and Wesby are partial qualifiers. .

United States v. Johnson

129 F.2d 954 · Court of Appeals for the Third Circuit · Jun 30, 1942

In reply he stated his recollection “after talking it over with some of the backers and another man Jack Sothern who had established a different time, established a time in November, 1937 * * * that November 1937 was the … is an attempt on the part of the government to force from the witness who is not immune from testifying as to things which are on trial here before the court, but who has the same immunity as any one else from testifying

In Re Grand Jury Matter. Appeal of United States of America

673 F.2d 688 · Court of Appeals for the Third Circuit · Mar 9, 1982

Once the wife's testimony is immunized, the Government bears the burden in any subsequent prosecution of establishing that the evidence it proposes to use against the husband is derived from a legitimate source wholly independent … Malfitano clearly reflected the common law conception of the marital privilege, limiting its applicability to adverse testimony that could be heard, and used, by the grand jury that indicted the non-witness spouse 6 See also

Albert Flora, Jr. v. County of Luzerne

776 F.3d 169 · Court of Appeals for the Third Circuit · Jan 15, 2015

Neither Garcetti nor any other previous Supreme Court case had added ordinary as a qualifier.”); Hagan v. City of New York, ___ F. Supp. 2d ___, No. 13-1108, 2014 WL 4058067, at *21 (S.D.N.Y. … Due to the relief Flora is seeking, there is no qualified immunity determination to be made, so we can leave for another day the ramifications of deciding whether Lane constitutes new law. 12 Because this