Case law

PG Publishing Co v. Carol Aichele

705 F.3d 91 · Court of Appeals for the Third Circuit · Jan 15, 2013

Id. at 681- 83 (“[The press] has no special immunity from the application of general laws [and] no special privilege to invade the rights and liberties of others.”). … In light of the foregoing discussion — and our earlier directive that the tradition of openness must be objectively and clearly established — we find that the historical record is insufficient to establish a presumption of

McNeil Nutritionals, LLC v. Heartland Sweeteners, LLC

511 F.3d 350 · Court of Appeals for the Third Circuit · Dec 24, 2007

or palming off when the name of the manufacturer is clearly displayed.” … As we already have analyzed, the District Court did not clearly err on that score.

Patsy O. Tiffany, Administratrix and Personal Representative of the Estate of Henry H. Tiffany, Deceased v. United States of America, & Third Party v. Brandon Ladd Corporation, Third Party Patsy O. Tiffany, Administratrix and Personal Representative of the Estate of Henry H. Tiffany, Deceased v. United States of America, & Third Party v. Brandon Ladd Corporation, Third Party

931 F.2d 271 · Court of Appeals for the Third Circuit · Apr 30, 1991

Sec. 761, the SAA allows the suit to proceed without a sovereign immunity bar. See Williams v. … Of the legion of governmental endeavors, perhaps the most clearly marked for judicial deference are provisions for national security and defense. See Rostker v.

Perry v. Lackawanna County Children & Youth Services

345 F. App'x 723 · Court of Appeals for the Third Circuit · Sep 18, 2009

, or immunities secured by the Constitution or laws of the United States.” … These sanctions do not qualify as an “atypical or significant hardship” under Sandin . Thirty days of solitary confinement is not atypical. See Sandin, 515 U.S. at 486 , 115 S.Ct. 2293 .

Jeffrey Lui v. Commission On Adult Entertainment Establishments Of The State Of Delaware

369 F.3d 319 · Court of Appeals for the Third Circuit · May 26, 2004

The District Court determined that the State and County were immune to money damages under the Eleventh Amendment and state law. … Younger, 401 U.S. at 49 , 91 S.Ct. 746 (internal quotations omitted). 43 We are satisfied that the record and the principles we have related clearly demonstrate that there is no merit to the arguments that Lui has advanced

In Re: Harvard Ind

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.

Dressler v. Busch Entertainment Corporation

143 F.3d 778 · Court of Appeals for the Third Circuit · May 11, 1998

However, the portions of Hawaii's instruction that we have underlined above clearly demonstrate the weakness in Busch's position. … Deference to the language of a jury charge does not immunize jury instructions when they fail to advise, or misadvise, a jury of concepts it needs to know to properly discharge its duties. 29 Thus, we hold that the district

Michael Kaplon v. Morris Township Police Department

Court of Appeals for the Third Circuit · Mar 11, 2026

would be barred by qualified immunity because the officers had not violated any “clearly established” law. … Second, while New Jersey law does not extend immunity to “willful misconduct,” N.J. Stat. Ann.

Milton Costello v. Emil A. Schmidlin, and Third-Party v. The Township of Maplewood, a Municipal Corporation of the State of New Jersey, Third-Party

404 F.2d 87 · Court of Appeals for the Third Circuit · Nov 1, 1968

Defendant’s evidence at the trial established the plaintiff’s billings pursuant to his contract had not been paid only because Township had not prior thereto paid defendant, even though their payment had not been conditioned … There are numerous exceptions to such statutes, (citing cases) * * *. “6A Corbin, supra, says : “ ‘ * * * The statute may be clearly for protection against fraud and incompetence; but in very many cases the statute breaker

Kathleen Wright Croft v. Township of Donegal

Court of Appeals for the Third Circuit · Aug 26, 2022

We conclude that Appellees are entitled to qualified immunity on the basis that Appellant Ms. … Croft failed to articulate a clearly established constitutional right, and we will therefore affirm the District Court’s order dismissing Appellants’ claims.9 Qualified immunity shields government officials from

Yoshio Oto, of the Estate of Noboru Oto v. Metropolitan Life Insurance Company, Defendant/third-Party v. Ashby Beverley, Third-Party

224 F.3d 601 · Court of Appeals for the Third Circuit · Aug 11, 2000

Clearly, there would have been many papers to be signed in applying for the policy and we do not believe that he remembered what all of those papers were. … We do not believe that either of these facts championed by Beverley establish a genuine issue of material fact.

Contractors Ass'n of Eastern Pennsylvania v. Secretary of Labor

442 F.2d 159 · Court of Appeals for the Third Circuit · Apr 22, 1971

This commitment is not intended and shall not be used to discriminate against any qualified applicant or employee. … Clearly the Philadelphia Plan is color-conscious.

Caisson Corporation v. Ingersoll-Rand Company

622 F.2d 672 · Court of Appeals for the Third Circuit · Apr 23, 1980

Rule 702 of the Federal Rules of Evidence provides that a witness may be qualified as an expert by “knowledge, skill, experience, training or education.” … Lowe had qualified as an expert on the basis of his experience.

Fei Mei Cheng v. Attorney General of the United States

623 F.3d 175 · Court of Appeals for the Third Circuit · Oct 6, 2010

insertion, this nexus may be difficult to establish. … A wholesale seizure of assets is precisely what occurred here, as the uncontradieted facts credited by the IJ clearly establish.

Erie County Retirees Ass'n v. County of Erie

220 F.3d 193 · Court of Appeals for the Third Circuit · Aug 1, 2000

The burden is on the employer to establish that its actions are lawful under the equal benefit or equal cost standard. See 29 U.S.C. § 623 (f)(2). . … Clearly, section 623(Z)(2) contemplates that an employer might reduce retiree health benefits at age 65.

Meurer Steel Barrel Co. v. Commissioner of Int. Rev.

144 F.2d 282 · Court of Appeals for the Third Circuit · Jul 21, 1944

The deficiency was established well within that extended date. This view as to the expansion of the eighteen months limitation under Section 275(b) by 275(c) is supported by the decisions. In Ewald v. … The word ‘omits’ is in no way qualified by the context of the Revenue Act.

Valerie Renda v. Paul King David B. Kelsey Paul King, in Docket No. 01-2421 Valerie Renda, in Docket No. 01-2498

347 F.3d 550 · Court of Appeals for the Third Circuit · Oct 16, 2003

Jones, 763 F.2d 518, 522 (2d Cir.1985) (holding that attacks on a witness’s character for truthfulness in opening statements may qualify under the “otherwise” portion of Rule 608(a)). … In order to recover under § 1983, a plaintiff must show that the defendant, under color of state law, subjected the plaintiff to a deprivation of a right, privilege, or immunity secured by the constitution or laws of the

UNITED STATES of America v. Thomas DeMICHAEL. Patricia DeMichael, Appellant

461 F.3d 414 · Court of Appeals for the Third Circuit · Sep 28, 2006

Patricia DeMichael now claims that an appeal of any portion of the judgment qualifies DeMichael for wholesale abatement of his .conviction and any remaining punishment. For the reasons set forth below, we disagree. II. … In his brief, DeMichael clearly stated that the only issue he was appealing was the propriety of the fine. 4 Thus, he waived his right to appeal his conviction. See Laborers’ Int’l Union of N. Am. v.

Lui v. Commission on Adult Entertainment Establishments

369 F.3d 319 · Court of Appeals for the Third Circuit · May 26, 2004

As to 7 Lui conceded that the State was Count Two, the equitable claims immune to Lui’s claims for damages pertaining to Equal Protection were under the Eleventh Amendment. … By the We are satisfied that the record and time Lui filed his federal action, he had the principles we have related clearly already brought a motion to dismiss the demonstrate that there

Moore, Am-2804 v. Tartler

986 F.2d 682 · Court of Appeals for the Third Circuit · Mar 1, 1993

A sentencing judge is required to establish minimum and maximum sentencing dates under 42 Pa.Cons.Stat.Ann. §§ 9756(a) and (b). … Lundblade, 631 F.Supp. at 219 7 Because of our results, we do not to reach the issue of whether the parole board officials are entitled to qualified immunity