Case law

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.

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.

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.

United States v. Louis Manzo

712 F.3d 805 · Court of Appeals for the Third Circuit · Mar 25, 2013

The relevant portions of the Travel Act criminalize “travel[] in interstate … commerce … with intent to … promote, manage, establish, carry on, or facilitate the promotion, management, establishment, or carrying on, of any … That charge fails to establish an abuse of discretion.

Robert Bautista v. Atty Gen USA

Court of Appeals for the Third Circuit · Feb 28, 2014

Ct. at 1689 (calling it an “anomaly” to have courts “ignore the very factors” distinguishing the statutes that Congress has established to designate aggravated felonies). … What I note is not intended to establish that my opposing construction of the statute is correct (though I believe it is).

Wills Trucking, Inc. v. Baltimore & Ohio Railroad

998 F.2d 1144 · Court of Appeals for the Third Circuit · Jul 26, 1993

Antitrust Immunity Pursuant to Keogh v. Chicago & N.R. … Unless clearly erroneous, we will not disturb that finding.

Seth A. Becker, Plaintiff-Intervenor v. Tidewater, Inc., Tidewater Incorporated, Twenty Grand Offshore Incorporated, Tidewater Marine, L.L.C., Defendants-Third Party Plaintiffs-Intervenor Defendants-Appellees-Appellants, R&b Falcon Drilling Usa, Inc., Pental Insurance Company, Ltd., Certain Underwriters at Lloyd's Insurance Co., Hydra Rig, a Division of Tuboscope Vetco International, L.P., Defendant-Third Party Defendant-Third Party Hydradyne Hydraulics, Inc., Defendant-Third Party v. Coflexip Stena Offshore, Inc., Defendant-Third Party v. Baker Hughes, Inc., Baker Hughes Oilfield Operations, Inc., Defendants-Intervenor and Baker Oil Tools, Inc., a Division of Baker Hughes Oilfield Operations, Inc., Defendant-Third Party Defendant-Intervenor Plaintiff-Third Party Baker Oil Tools, a Division of Baker Hughes Oilfield Operations, Inc., Third Party

335 F.3d 376 · Court of Appeals for the Third Circuit · Jul 24, 2003

If that were not the case, Chandris in fact would have established a voyage test. … Plaintiff's receiving safety training is therefore insufficient to establish seaman status. 39 Second, plaintiff's work on the Vastar platform does not establish seaman status.

Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered Agent

998 F.2d 1192 · Court of Appeals for the Third Circuit · Jun 30, 1993

In 1984, WOI established a $94 million reserve for disposing of its steel businesses. A significant portion of this reserve corresponded to unfunded pension liability. … WCI and Blaw Knox clearly entered into this transaction on September 27, 1985, the day the deal closed.

McDonald v. Pennsylvania State Police

485 F. App'x 612 · Court of Appeals for the Third Circuit · Jun 22, 2012

In addition, defendant Gallaher argued that he was entitled to qualified immunity from the § 1983 due process claim. … At least, therefore, Gallaher is entitled to qualified immunity because his conduct in this case could not have violated any clearly established statutory or constitutional right of which a reasonable official in his position

Florencio Rolan v. Donald T. Vaughn, State Correctional Institution-Graterford the District Attorney of Philadelphia

445 F.3d 671 · Court of Appeals for the Third Circuit · Apr 18, 2006

The court declared that Aponte’s statement “establishes merely that Aponte was aware that Rolan had engaged in an altercation and was not immune to the potential danger posed by life on the street. … If AEDPA does apply, however, the writ cannot be granted unless the adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined

Hlinka v. Bethlehem Steel Corp.

863 F.2d 279 · Court of Appeals for the Third Circuit · Dec 8, 1988

This 70/80 plan clearly satisfies § 1003(a). I therefore conclude that the full and fair review provisions must apply to early retirement benefit plans. … Modified Retirement Plan for Hourly Paid Employees of Johns Mansville Corp., 803 F.2d 109 , 114 (3d Cir.1986) (district court’s holding that statement that disability was “insufficient to qualify” for benefits under the plan

King Christian Enterprises, Inc. v. The Government of the Virgin Islands

345 F.2d 633 · Court of Appeals for the Third Circuit · Mar 24, 1965

.) §§ 4053-4056, provided for specific tax exemptions and subsidies to those qualifying under section 5 to continue for a period of 10 years. … It is a judgment which Act No. 184 clearly confided, not to the courts, but to the administrative determination of the Executive Council and, ultimately, to the executive determination of the Governor.”

White's Will v. Commissioner of Internal Revenue

119 F.2d 619 · Court of Appeals for the Third Circuit · Oct 9, 1940

Does this additional fact throw the balance the other way and establish that the petitioners are engaged in business ? In Washburn v. Commissioner, 8 Cir., 1931, 51 F.2d 949 , 953 the analogous question was presented. … A particular dollar is not invested with immunity from tax in the hands of B, simply because A has paid a tax on it.

In Re Grand Jury Proceedings Harrisburg Grand Jury 79-1. Appeal of Robert McNabb

658 F.2d 211 · Court of Appeals for the Third Circuit · Sep 8, 1981

Clearly, criminal contempt proceedings remained the only viable option for the court. IV. … Clearly, the enforcement proceeding under section 1826(a), in the face of a refusal to testify, not the issuance of the subpoena, is the triggering event for the affidavit requirement. 4 .

Business Ventures International v. Olive

893 F.2d 641 · Court of Appeals for the Third Circuit · Jan 12, 1990

The taxpayer was incorporated in Delaware on October 5, 1981, and shortly thereafter qualified as a Virgin Islands inhabitant foreign corporation. … The Bureau of Internal Revenue urges that the district court’s finding that taxpayer did not negligently underreport is clearly erroneous.

Weiner v. Quaker Oats Co.

129 F.3d 310 · Court of Appeals for the Third Circuit · Nov 6, 1997

A third asserted that "[i]t is clearly a defensive move. They're paying a fair amount for Snapple. Suddenly someone can't swoop in and buy up Quaker. … A per se rule immunizing Quaker from the need to speak truthfully about the future merely because the company had performed well in the past seems to us improvident.

United States v. Howard

599 F.3d 269 · Court of Appeals for the Third Circuit · Mar 19, 2010

Potter, 895 F.2d 1231, 1238 (9th Cir. 1990) (declining to “foreclose the possibility that a defendant’s conviction . . . might be established by some other form of clearly reliable evidence”). … Docket entry provided the District Court with evidence of the specific statute under which Howard was charged. 8 Howard’s September 22, 2000 conviction qualified as a felony for purposes

Dottie D. Jernigan Bryant and Theresa O. Lillibridge, in No. 81-1558 v. International Schools Services, Inc., in No. 81-1559

675 F.2d 562 · Court of Appeals for the Third Circuit · Mar 31, 1982

The evidence establishes that during the four years in issue there were 574 contracts awarded to teachers at the American School. … This finding is not clearly erroneous, and suffices to overcome the inference from circumstantial evidence that sex discrimination in the award of local-hire contracts was intended.

United States v. Wright-Barker

784 F.2d 161 · Court of Appeals for the Third Circuit · Feb 14, 1986

A conspiracy to import may be established without proof of an overt act in the United States, see, e.g., United States v. … The ship was clearly smuggling marijuana and acting as a mothership; the only question is where the drugs were to be landed.

Griffin v. Harris

571 F.2d 767 · Court of Appeals for the Third Circuit · Feb 13, 1978

THE RENT SUPPLEMENT PROGRAM 2 Section 101 of the Housing and Urban Development Act of 1965 1 established the rent supplement program. … district court, in granting summary judgment in favor of HUD, concluded: 26 There can be no question that the Handbook policy fosters economic and social diversity in keeping with the will of Congress and its implementation is clearly