Case law

39 Fair empl.prac.cas. 559, 38 Empl. Prac. Dec. P 35,562 Robinson, C. Bernard, Individually and on Behalf of Other Individuals Similarly Situated v. Lehman, John J., Individually, His Predecessors and Successors and as Secretary of the Navy and Ruehlin, John, Commodore, Individually, His Predecessors and Successors and as United States Navy Commanding Officer Aviation Supply Office. Appeal of C. Bernard Robinson

771 F.2d 772 · Court of Appeals for the Third Circuit · Aug 29, 1985

that the persons chosen were the best qualified for the job. … App. at 1765-67 7 Eligibles were ranked into two groups: "highly qualified" and "qualified."

Gloria Whiting v. Larry Bonazza

545 F. App'x 126 · Court of Appeals for the Third Circuit · Oct 16, 2013

It took place in the middle of her neighborhood and directly across the street from a public playground. 5 U.S. 223, 232 (2009) (entitlement to qualified immunity depends on … Sanderson, 9 F.3d 1433, 1436 7 (9th Cir. 1993) (denying qualified immunity to officer who tightly handcuffed an elderly man and refused to loosen the handcuffs).

Charles P. Stepnowski v. Commissioner of Internal Revenue Hercules Incorporated

456 F.3d 320 · Court of Appeals for the Third Circuit · Jul 27, 2006

It was established in 1913 and uses the calendar year as its plan year. … (Only qualified plans are tax exempt under I.R.C. § 501(a).)

Director, Office of Workers' Compensation Programs v. Universal Terminal & Stevedoring Corp.

575 F.2d 452 · Court of Appeals for the Third Circuit · Apr 21, 1978

Strong policy considerations dictate that only those employers who hire the handicapped with knowledge of their disabilities qualify for limited liability. … Conditions that are latent rather than manifest to a prospective employer do not qualify as § 8(f) disabilities.

Monaco v. American General Assurance Co.

359 F.3d 296 · Court of Appeals for the Third Circuit · Feb 23, 2004

N.J. class, i.e., was over 40, (2) was qualified Stat. Ann. § 10:5-4 (West 2002). … Clearly, AGAC could not disclaim its legal duty to 16 If the AGAC employee handbook comply with the NJLAD.

Alvin Bobb v. Attorney General of the United States

458 F.3d 213 · Court of Appeals for the Third Circuit · Aug 3, 2006

conclude that both must be fulfilled in order for the offense to qualify as an aggravated felony.”). … Our only remaining question is whether the offense of conviction qualifies as an aggravated felony under subsection (M)(i).

Thomas and Delilah Boccuto v. Commissioner of Internal Revenue

277 F.2d 549 · Court of Appeals for the Third Circuit · May 2, 1960

This general rule is qualified insofar as registered mail is concerned by accepting the date of registration as the postmark date. 26 U.S.C. (1958 ed.) § 7502(c) (1). … Clearly then, the receipt for certified mail which the taxpayers obtained at the time of delivery of the petition to the post office on February 11, 1959, is of no significance.

Christy v. PA Turnpike

Court of Appeals for the Third Circuit · May 23, 1995

The individual defendants argue that the district court erred in denying their motions for summary judgment based on qualified immunity. … the individual defendants were not entitled to qualified immunity. 5 .

Oliver Lawal v. Mark McDonald

546 F. App'x 107 · Court of Appeals for the Third Circuit · Feb 26, 2014

immunity. … immunity.

Fasano v. Federal Reserve Bank

457 F.3d 274 · Court of Appeals for the Third Circuit · Aug 3, 2006

The Federal Reserve Banks were established by Congress in 1913 to be the “monetary and fiscal agents of the United States.” First Agric. Nat’l Bank v. … The corollary, as we conclude below, is that “as impliedly amended by [the ADA and 12 U.S.C. § 1831j, § 341(Fifth)] bestows a qualified immunity from liability arising from its exercise, allowing only specified relief, with

Chabal v. Reagan

822 F.2d 349 · Court of Appeals for the Third Circuit · Jun 15, 1987

Secs. 1346 , 1491, because it is only under the terms of the Tucker Act that the United States waives its sovereign immunity to non-tort claims seeking monetary relief. See Hahn v. … On expiration of his term, a marshal shall continue to perform the duties of his office until his successor is appointed and qualifies, unless sooner removed by the President. 28 U.S.C.

Cun v. Attorney General of the United States

441 F. App'x 93 · Court of Appeals for the Third Circuit · Aug 1, 2011

Cun next claims that the BIA improperly relied on a sentencing factor, 21 U.S.C. § 841 (b), to establish his removability. … Cun’s conviction pursuant to 21 U.S.C. § 841 (a)(1) clearly qualifies.

Spring City Corporation, Trading as Spring II Associates v. American Buildings Company v. Contractors of America, Inc. v. Palmer Construction Co., Inc. Basile Construction Company American Buildings Company, Spring City Corporation, Trading as Spring II Associates v. Lynn Bradeen Contractors of America, Inc. American Buildings Company American Buildings Company

193 F.3d 165 · Court of Appeals for the Third Circuit · Oct 4, 1999

. .. only in the exceptional circumstances where the order to the parties to repair to the state court would clearly serve an important countervailing interest." … We are confident that the District Court can establish procedures in the federal cases that will minimize duplication of effort. III.

Braxton v. Carlson

483 F.2d 933 · Court of Appeals for the Third Circuit · Aug 27, 1973

Clearly, this was an example of “substantial punishment,” described in Gray as necessitating establishment of constitutional safeguards. In Gray itself, we recognized certain “unusual circumstances.” … Two of the requested procedures of appellants are not so clearly oriented toward making adjustment committee hearings more adversarial.

Grandison v. Cuyler

774 F.2d 598 · Court of Appeals for the Third Circuit · Oct 10, 1985

Grandison’s uncontested affidavit establishes that at the. hearing he and Johnson learned for the first time that Moore would not be present. … Recognizing that the right to such assistance may be qualified by the state’s interest in security and correctional goals, but that information about such matters is not in the hands of prisoners, we conclude that the burden

General DataComm Industries, Inc. v. Arcara

407 F.3d 616 · Court of Appeals for the Third Circuit · May 16, 2005

DataComm’s position is that the Long Term Care Benefits did not qualify as “retiree benefits” since they were payable during Appellees' employment. … We, too, express no opinion on this matter, as it has clearly been waived.

Samy Jecrois v. Mark Sojak

Court of Appeals for the Third Circuit · Jun 6, 2018

The District Court also concluded the right to be free from arrest without probable cause was clearly established at the time of Jecrois’s arrest. … They alternatively contend that (1) probable cause existed for the lesser offense of sexual contact under New Jersey law, entitling them to qualified immunity or (2) the law on this issue was not clearly established at the

Luther Glenn v. District Attorney Allegheny Co

743 F.3d 402 · Court of Appeals for the Third Circuit · Feb 20, 2014

established Federal law.” … Accordingly, the Superior Court’s decision affirming his conviction was not error, much less an “unreasonable application” of “clearly established Federal law.” 28 U.S.C. § 2254(d)(1).

E.I. Dupont De Nemours & Co. v. United States

460 F.3d 515 · Court of Appeals for the Third Circuit · Aug 29, 2006

Instead, they interpreted §§ 107 and 113 as establishing two “clearly distinct” remedies: “cost recovery” under § 107(a), and “contribution” under § 113(f). … , b]ut the two remedies are clearly distinct.”

Philadelphia Traction Co. v. Lightcap

61 F. 762 · Court of Appeals for the Third Circuit · May 21, 1894

This was the cause of action which the plaintiff sought to establish, and which his testimony (though contradicted by the defendant’s) tended to prove. … It was clearly one of peril.