Case law

Opinions from 1658 to today.

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  • 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.

    Cited 114 timesPublished
  • 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

    Cited 22 timesPublished
  • Megan Exel v. Nichole Govan

    708 F. App'x 82 · Court of Appeals for the Third Circuit · Jan 9, 2018

    For these reasons, the District Court correctly decided that, for purposes of qualified immunity, no clearly established law existed to put a reasonable official on notice that she or he could offend the Constitution by … But, for the reasons we just explained, we conclude that the District Court properly based its decision to grant qualified immunity to Govan on the absence of clearly established law.

    Cited 0 timesUnpublished
  • 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.

    Cited 48 timesPublished
  • 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

    Cited 1 timesPublished
  • United States Court of Appeals, Third Circuit

    49 F.3d 945 · Court of Appeals for the Third Circuit · Apr 3, 1995

    qualified immunity. … that clearly established law.

    Cited 0 timesUnpublished
  • Kathryn Lukosevicz (Widow of Alexander Lukosevicz) v. Director, Office of Workers' Compensation Programs, United States Department of Labor

    888 F.2d 1001 · Court of Appeals for the Third Circuit · Nov 7, 1989

    Based on this record, the AU determined that “the evidence clearly establishes that the decedent had pneumoconiosis.” Record at 75. He based this conclusion on the following reasoning: *1004 Dr. … We note the decedent had insufficient years of employment to qualify for the presumption of causation set forth in § 718.305(a). 5 .

    Cited 46 timesPublished
  • Ismael v. Ali

    141 F. App'x 36 · Court of Appeals for the Third Circuit · Jun 30, 2005

    to enjoy sovereign immunity and official immunity and remain immune from suit.” 1 Pa Cons.Stat. … We now exercise our supervisory powers to require the District Court on remand to clearly identify whether this motion for summary judgment, made on a claim of qualified immunity, has been denied because there was a dispute

    Cited 2 timesUnpublished
  • Judy Huffman, Individually and as Mother and Next Friend of William H. Sowders and Donald W. Sowders, Minors v. Mobil Oil Corporation, Defendant-Third-Party v. Ray Geophysical Division, Mandrel Industries, Inc., Third-Party

    554 F.2d 1361 · Court of Appeals for the Third Circuit · Jul 1, 1977

    Before an employer of an independent contractor may invoke the protections of these provisions in a common-law suit, however, he must qualify as a principal employer secondarily liable for workmen's compensation benefits … Clearly, Ray's seismographic operations and Sowders' job as a field helper were an important part of Mobil's business of locating petroleum.

    Cited 0 timesPublished
  • Engelhard Corporation v. National Labor Relations Board

    437 F.3d 374 · Court of Appeals for the Third Circuit · Feb 14, 2006

    NLRB, 536 F.2d 550, 555 (3d Cir.1976) ("a waiver of a statutory right must be clearly and unmistakably established, . . . and express language will not be read expansively"). … According to the Board, that statement of intent "qualifies and informs" both the no-picketing obligation that the Union agreed to undertake in Article 28's third sentence and the no-lockout obligation of Engelhard in Article

    Cited 11 timesPublished
  • Motherwell v. United States ex rel. Alexandroff

    107 F. 437 · Court of Appeals for the Third Circuit · Feb 25, 1901

    been asserted and insisted upon, and, if Alexandroff had been a member of a crew and had deserted from a Russian ship, its existence would be freely granted; for with respect *441 to “such deserters” it was unquestionably established … But neither of these immunities is now in question. Neither of them has been invaded. Neither of them is impugned.

    Cited 7 timesPublished
  • Local 1430, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board

    437 F.3d 374 · Court of Appeals for the Third Circuit · Feb 14, 2006

    NLRB, 536 F.2d 550, 555 (3d Cir.1976) (“a waiver of a statutory right must be clearly and unmistakably established, ... and express language will not be read expansively”). … According to the Board, that statement of intent “qualifies and informs” both the no-picketing obligation that the Union agreed to undertake in Article 28’s third sentence *379 and the no-lockont obligation of Engelhard in

    Cited 1 timesPublished
  • Strathie v. Department Of Transportation

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

    a school bus. 3 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.

    Cited 9 timesPublished
  • Mary Revell v. City of Jersey City

    394 F. App'x 903 · Court of Appeals for the Third Circuit · Sep 17, 2010

    of antagonism coupled with timing to establish a causal link.” … immunity.3 3 The doctrine of qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional

    Cited 13 timesUnpublished
  • Oliveira v. Township of Irvington

    41 F. App'x 555 · Court of Appeals for the Third Circuit · Jul 25, 2002

    The defendants all contend that, as government officials engaged in discretionary functions, they are entitled to qualified immunity from suits brought under 1983. See Sherwood v. … An individual is immune if his or her "’conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’" Id. at 399 (quoting Harlow v.

    Cited 57 timesUnpublished
  • Elijah White v. Jason Walsh

    Court of Appeals for the Third Circuit · Feb 19, 2026

    A procedural error such as this one “at most might establish that [a judge] acted in excess of her jurisdiction, not that she acted in the clear absence of all jurisdiction.” … White challenges the District Court’s application of absolute immunity to Walsh, urging that Walsh failed to overcome the presumption that qualified immunity, rather than absolute immunity, applies.

    Cited 0 timesUnpublished
  • Feliz v. Kintock Group

    297 F. App'x 131 · Court of Appeals for the Third Circuit · Oct 30, 2008

    City of Erie, Pa., 216 F.3d 354, 359 (3d Cir. 2000) (“In order to state a cognizable cause of action under the ADA, a putative plaintiff must establish that he is a “qualified individual with a disability.”); 29 C.F.R. … implicates ... clearly established First Amendment rights of association and free speech.”).

    Cited 17 timesUnpublished
  • United States v. Johnson

    587 F.3d 203 · Court of Appeals for the Third Circuit · Nov 18, 2009

    We have no trouble concluding that such a violation would qualify. … Accordingly, it does not qualify as a crime of violence under U.S.S.G. § 2K2.1. 2 .

    Cited 66 timesPublished
  • Berndt v. Kaiser Aluminum & Chemical Sales Inc.

    789 F.2d 253 · Court of Appeals for the Third Circuit · May 6, 1986

    However, the evidence at trial established at most that plaintiff was least qualified at the time of required reduction in force. … From the express language of the jury instructions, it is evident that the jury was clearly instructed to separate the questions of liability from willfulness.

    Cited 41 timesPublished
  • George Matheis, Jr. v. CSL Plasma Inc

    936 F.3d 171 · Court of Appeals for the Third Circuit · Aug 30, 2019

    It screens prospective donors for known health risks, extracts plasma from qualifying individuals, freezes it, and then ships it to manufacturing plants to be made into medicines. … He concluded that plasma donation centers could not qualify as service establishments because donors do not pay money for the service and (confusingly) because the donation centers do not offer their services in order to

    Cited 57 timesPublished

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