Case law

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 .

Three Rivers Center For Independent Living, Inc. v. Housing Authority Of The City Of Pittsburgh

382 F.3d 412 · Court of Appeals for the Third Circuit · Aug 30, 2004

Once the plaintiff establishes "the existence of a federal right," there arises a rebuttable presumption that the right is enforceable through the remedy of § 1983. Pa. Pharmacists Ass'n v. Houstoun, 283 F.3d at 535. … Congress may, for example, explicitly establish a private right of action to enforce regulations.

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.

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

Croft v. Westmoreland County Children & Youth Services

103 F.3d 1123 · Court of Appeals for the Third Circuit · Jan 6, 1997

They argued that defendant Danovsky was entitled to qualified immunity for her actions and that the county and WCCYS enjoyed municipal immunity from the charges. … SCAN Volunteer Services, Inc., 85 F.3d 1365, 1371 (8th Cir. 1996) (holding child care worker entitled to qualified immunity in § 1983 action where he or she removes child on reasonable suspicion of child abuse); cf. 42

Paul W. Thorton v. William Aronoff

279 F.2d 39 · Court of Appeals for the Third Circuit · May 16, 1960

The Pennsylvania rule relating to declaring contributory negligence as a conclusion of law is firmly established by a wealth of decisions. … This is a severely limited exception to the general rule that the question of contributory negligence is for the jury and we are of the opinion that the case before us fails to qualify under it.

Jackson v. Danberg

594 F.3d 210 · Court of Appeals for the Third Circuit · Feb 1, 2010

Steckel clearly was still conscious when the IV team noticed the problem. … Clearly, by speculating about what those officials might do in what the record intimates to be the very unlikely hypothetical scenario in which the backup IV line cannot be established, the Plaintiffs have failed to show

Jacobs v. Iodent Chemical Co.

41 F.2d 637 · Court of Appeals for the Third Circuit · Jun 6, 1930

We shall therefore regard the court’s findings as unassailed and the facts established for present purposes. … Clearly, therefore, Jacobs, as the court found, is entitled as the prior adopter to sell his paste under the trademark at retail in that store.

Hague v. Committee for Industrial Organization

101 F.2d 774 · Court of Appeals for the Third Circuit · Jan 26, 1939

The record shows clearly, however, that for some time after the handing down of the decision in Lovell v.' … In our opinion such is clearly within the principle of Lovell v. City of Griffin, supra.

United States v. Kenneth Daniels

915 F.3d 148 · Court of Appeals for the Third Circuit · Feb 7, 2019

— “distribution alone would qualify as a crime ‘involving’ distribution” and possession with intent to distribute alone would qualify as a crime “involving” possession with intent to distribute … In Rivers, the evidence clearly established that the defendant went beyond mere preparation (e.g., the defendant on his own initiative gave his telephone number to the undercover officer so that she could contact him to purchase

Threadgill v. Armstrong World Industries, Inc.

928 F.2d 1366 · Court of Appeals for the Third Circuit · Mar 19, 1991

The district court stated that, based on the evidence, the jury was “free to conclude that plaintiffs had failed to establish product nexus.” … Thus, while the jury verdict may have rested on plaintiffs’ failure to prove causation, there is no way to establish this for certain.

United States v. Fiet

41 F. App'x 594 · Court of Appeals for the Third Circuit · Jul 30, 2002

Because he qualified for the “safety valve” provisions of U.S.S.G. § 5C1.2, the court established his total offense level to be 33, and *595 assigned a criminal history category of I, resulting in a Guideline range of 135 … The record clearly establishes that before granting the downward departure, the District Court considered Fiet’s cooperation and balanced it against the seriousness of his crimes.

Fred Clayworth v. County of Luzerne

Court of Appeals for the Third Circuit · May 15, 2013

Qualified Immunity “The qualified immunity doctrine protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … Because the Amended Complaint failed to allege the deprivation of a constitutional right, we need not address the issue of qualified immunity. E.

Flory v. Pinnacle Health Hospital[s]

346 F. App'x 872 · Court of Appeals for the Third Circuit · Sep 30, 2009

. § 951 et seq. 2 The Court granted Pinnacle’s motion for summary judgment on all three causes of action, concluding that Flory: (1) failed to establish that she was “qualified” for her position as required for her discriminatory … of employment.” 42 U.S.C. § 12112 (a). *876 To establish a prima facie case of disparate treatment, a plaintiff must demonstrate that he or she: (1) has a disability; (2) is a qualified individual; and (3) has suffered an

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. GREYHOUND LINES, INC., (2 Cases) Appellant

635 F.2d 188 · Court of Appeals for the Third Circuit · Oct 15, 1980

The issue on appeal, therefore, is whether these findings can be affirmed under the “clearly erroneous” test which we are bound to follow. Fed.R.Civ.P. 52(a). … was qualified for the job, was rejected, and that the position remained open.

Papaiya v. City of Union City

238 F. App'x 848 · Court of Appeals for the Third Circuit · Aug 14, 2007

Furthermore, they contend that the City officials should have been shielded from this litigation by qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or

NVE Inc. v. Department of Health & Human Services

436 F.3d 182 · Court of Appeals for the Third Circuit · Feb 7, 2006

DSHEA does not provide a private cause of action, nor does it contain a waiver of sovereign immunity that would permit NVE to sue a federal agency. … An issue therefore arises under that paragraph only if it is probative of the question of whether a dietary supplement qualifies as an adulterated food.

Arthur C. Foley v. Joseph R. Devaney

528 F.2d 888 · Court of Appeals for the Third Circuit · Jan 14, 1976

Under the 1954 Pension Plan, he had not accrued sufficient credits to qualify for a pension upon his retirement in 1973. … As such, it can be overturned only if it is “clearly erroneous” pursuant to Fed.R.Civ.P. 52(a). 5 . Article IV, Section 1, states: “Service shall be credited only as provided in this Plan.” 6 .

Anthony J. Chipollini v. Spencer Gifts, Inc., a Delaware Corporation. Appeal of Anthony J. Chipollini

814 F.2d 893 · Court of Appeals for the Third Circuit · Mar 19, 1987

In the absence of direct evidence a plaintiff may establish a prima facie case of discrimination by proving by a preponderance of the evidence that (1) he belongs to a protected class; (2) he was qualified for the position … The issue of the defendant’s intent at the time of the plaintiff’s discharge is clearly a factual question.

State of Colorado v. Idarado Mining Company, and Third-Party v. Baumgartner Oil Company, Third-Party

916 F.2d 1486 · Court of Appeals for the Third Circuit · Oct 11, 1990

. -, 110 S.Ct. 2206 , 109 L.Ed.2d 532 (1990) (on appeal from denial of qualified immunity, court considered merits of non-immunity issue); Dube v. State Univ., 900 F.2d 587 , 598-600 (2d Cir.1990) (same). A. … However, the district court is generally without jurisdiction to proceed when an interlocutory appeal is from the rejection of a double jeopardy defense or the denial of absolute or qualified immunity. Stewart v.