Case law

Sherri Stevens v. Delaware County

421 F. App'x 201 · Court of Appeals for the Third Circuit · Apr 5, 2011

and qualified immunity. … a violation of a clearly established right.”); Johnson, 515 U.S. at 319 (“When faced with an argument that the district court mistakenly identified clearly established law, the court of appeals can simply take, as given

Nelson Ocasio v. Michael Ciach

Court of Appeals for the Third Circuit · Mar 10, 2020

violated Plaintiff’s right to pre- deprivation procedural due process – including notice – ‘has been clearly established for many years,’ we find that Defendants are not entitled to qualified immunity.” 4 Id. at *7 (citation … It is well established that the qualified immunity doctrine “is guided by two questions: (1) did the government actor violate a constitutional right? and (2) was that investigation report” (A50).

Mollie Krieger v. Ownership Corporation, a Corporation of New Jersey

270 F.2d 265 · Court of Appeals for the Third Circuit · Sep 29, 1959

Clearly in point is Nilsson v. Abruzzo, 1931, 107 N.J.L. 327 , 153 A. 486 . There a patron of a barber shop operated by the tenant was injured by reason of repairs negligently made by the landlords. … In holding that the trial court erred in dismissing the plaintiff’s action on grounds not pertinent here the Court said: “In modern times the [traditional] immunities have rightly, though gradually, been giving way to the

Mangan v. Brierre

257 F. App'x 525 · Court of Appeals for the Third Circuit · Dec 7, 2007

The defendants duly note that, in granting Fisher qualified immunity, the District Court mistakenly found that Fisher had conducted his search and seizure pursuant to a warrant. … We need not decide whether the District Court erred in granting Fisher qualified immunity because we conclude that the Fourth Amendment claim is barred by the statute of limitations.

National Labor Relations Board v. Stackpole Carbon Co.

105 F.2d 167 · Court of Appeals for the Third Circuit · Jun 2, 1939

It follows therefore that the contract of January 10, 1937, was not made by the respondent with an independent organization qualified to represent employees. … The record shows clearly that every effort was made by the respondent to strengthen the Association while destroying the opposition union.

Gregory Bohus v. Restaurant.Com Inc

784 F.3d 918 · Court of Appeals for the Third Circuit · Apr 30, 2015

The TCCWNA prohibits giving notice to a consumer or offering or entering into any written consumer contract that violates any clearly established consumer right or seller responsibility. Id. § 56:12-15. … An opinion establishes a “new” rule “‘either by overruling clear past precedent on which litigants may have relied, … or by deciding an issue of first impression whose resolution was not clearly foreshadowed.’” Coons v.

Grayson v. Mayview State Hosp

Court of Appeals for the Third Circuit · Jun 7, 2002

Because Grayson also sued the Hospital and SCI- Camp Hill, both of which are immune from liability, subsection (iii)-- which applies to actions seeking "monetary relief against a defendant who is immune"--is also implicated … Indeed, the Lopez majority concluded that there was no evidence in the legislative history that Congress intended to change the dismissal procedures for non-prisoner indigent plaintiffs, even though that group is clearly

United States v. Brian Booth

432 F.3d 542 · Court of Appeals for the Third Circuit · Dec 29, 2005

Additional evidence uncovered during the investigation overwhelmingly established that Booth was responsible for the explosions. Thereafter, the Government indicted Booth on two counts. … A defendant may have his offense level decreased by one additional level if: the defendant qualifies for the two-level reduction under subsection (a); the defendant’s offense level is 16 or greater prior to the operation

Alexandra Chavarriaga v. State of NJ Department of Corr

806 F.3d 210 · Court of Appeals for the Third Circuit · Nov 16, 2015

We are aware that even though appellant does not contend that the NJDOC lacks Eleventh Amendment immunity, she does contend that the participating defendants waived an Eleventh Amendment immunity defense by removing the case … However, as we have indicated, the Court properly dismissed the NJDOC on immunity grounds.

Estate of Eli L. Garber, Deceased, Farmers Bank and Trust Company of Lancaster, Pennsylvania v. Commissioner of Internal Revenue

271 F.2d 97 · Court of Appeals for the Third Circuit · Oct 16, 1959

In 1941, Penn established an employee’s pension plan to be administered by a pension board. The Garber Company established a similar plan in 1943. … The funds were created and established by the companies alone. Both plans were designed to meet the requirements of a “qualified trust”. See Section 165, Internal Revenue Code, 1939, 26 U.S.C.A. § 165 .

Anderson v. Haas

341 F.2d 497 · Court of Appeals for the Third Circuit · Feb 12, 1965

constitutional rights, make an independent examination of the facts, the findings, and the record so that it can determine for itself whether in the decision as to reasonableness the fundamental — ■ i. e., constitutional — criteria established … N.J.S.A. 2A:170-30 (loitering or creating a disturbance while under the influence of intoxicating liquor), he was convicted and sentenced, but appealed successfully on the ground that his conviction had been based on a clearly

Zahner Ex Rel. Zahner v. Secretary Pennsylvania Department of Human Services

802 F.3d 497 · Court of Appeals for the Third Circuit · Sep 2, 2015

When the Medicaid Act is read as a whole, Congress’s intent with respect to annuities is addressed clearly and consistently throughout. … Nor does CMS approval necessarily establish compliance with legal requirements. See, e.g., Geston v.

Association of New Jersey Rifle & Pistol Clubs v. Port Authority

730 F.3d 252 · Court of Appeals for the Third Circuit · Sep 13, 2013

On its face, section 1983 provides a remedy for a violation of federal rights, privileges, or immunities, but “not merely a violation of federal law.” Blessing v. … It begins by establishing a clear positive entitlement: a person who meets its requirements “shall be entitled” to transport firearms in certain circumstances. Cf.

Eagle Leasing Corporation, Olin Corp. And Nilo Barge Line, Inc. v. Hartford Fire Ins. Co., Defendant-Third-Party v. Nat'l Casualty Co., Etc., Third-Party

540 F.2d 1257 · Court of Appeals for the Third Circuit · Oct 22, 1976

Clearly, Sun's lawsuit charged neglect during the currency of this policy. … It is far from conclusive that the time-qualifying phrase "during the currency of this policy" modifies "matters or things".

Harvard Secured Creditors Liquidation Trust v. Internal Revenue Service (In Re Harvard Industries, Inc.)

568 F.3d 444 · Court of Appeals for the Third Circuit · Jun 17, 2009

This clearly suggests an ambiguity in the language of the statute. … ERISA' sets minimum standards for most voluntarily established pension and health plans in private industry.

Edward Seamans v. Temple University

744 F.3d 853 · Court of Appeals for the Third Circuit · Feb 21, 2014

We disagree with the District Court’s conclusion that Seamans is unable to establish causation for the alleged harm to his credit and the associated negative consequences. … “[A] dearth of authoritative guidance” makes it less likely that a party’s conduct was objectively unreasonable, but the absence of such authority does not “immunize” an actor from potential liability where the statute is

David B. Shaev v. Lawrence Saper Alan B. Abramson David Altschiller Joseph Grayzel, M.D. George Heller Arno Nash Datascope Corp

320 F.3d 373 · Court of Appeals for the Third Circuit · Feb 21, 2003

Shaev’s complaint that the 2000 amendment to the Plan was established too late to qualify for a deduction is well made. … The Regulations require that a qualified performance goal be established not later than the ninetieth day of the performance period or before twenty-five percent of the performance period has elapsed.

Charles Pratt v. New York & New Jersey Port Aut

563 F. App'x 132 · Court of Appeals for the Third Circuit · Apr 8, 2014

immunity because there had been no constitutional violation. … The Court resolved the case without reaching the second prong of the qualified-immunity analysis — that is, whether the constitutional right was clearly established at the time of the injury, Pearson v.

Fowle v. C & C Cola

868 F.2d 59 · Court of Appeals for the Third Circuit · Feb 16, 1989

The court stated that “[t]his result is clearly at odds with the mandate of McDonnell Douglas that a plaintiff be afforded a full and fair opportunity to demonstrate that the stated reason for rejection was in fact pretext … We therefore conclude that plaintiff Fowle has established a prima facie ease of age discrimination.

Crawford v. Washington County Children & Youth Services

353 F. App'x 726 · Court of Appeals for the Third Circuit · Nov 24, 2009

CYS learned that K.C. had no formal education, had no immunizations, and was living in unsanitary conditions. CYS removed K.C. from his home. … A social worker’s decision or conduct constitutes a substantive due process violation only when it is “so clearly arbitrary” that it “can properly be said to shock the conscience.” Miller v.