Case law

Pennsylvania Protection And Advocacy, Inc. v. Pennsylvania Department Of Public Welfare

402 F.3d 374 · Court of Appeals for the Third Circuit · Mar 24, 2005

Scope of Budgetary Constraint Analysis 26 Though clearly relevant, budgetary constraints alone are insufficient to establish a fundamental alteration defense. 5 Id. at 495 (explaining that "a singular focus upon a state's … Without such a preliminary showing, an agency cannot establish a fundamental alteration defense. 31 B.

Vorchheimer ex rel Vorchheimer v. School District of Philadelphia

532 F.2d 880 · Court of Appeals for the Third Circuit · Mar 16, 1976

After a trial, the district court granted an injunction, ordering that she and other qualified female students be admitted to Central. … Congress spoke clearly enough on single-sex schools in 1972 when it chose to defer action in order to secure the data needed for an intelligent judgment.

Douglas v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 8, 2004

. § 1101(a)(43)(A), the IJ ruled Douglas on the ground that the underlying that the DHS failed to establish through Delaware drug conviction did not evidence that Douglas’ conviction under constitute … Douglas’ 2002 drug conviction; the BIA’s jurisdiction-stripping order of removal stand s on th e provisions of § 1252 independent basis of the other reason clearly

Fredrick Mfg. Co. v. Devlin

127 F. 71 · Court of Appeals for the Third Circuit · Feb 1, 1904

question put to the witness as an expert (to which the court had intimated that counsel was entitled), because it assumed, as before, the identity of the borings, which, in the opinion of the court, had not been satisfactorily established … The court is not to be convicted of error at that stage, unless it clearly appears that something both new and material was shut out.

H. Douglas Miller v. Campbell County, Defendants-Third-Party-Plaintiffs/appellees v. United States of America, Third-Party-Defendants

945 F.2d 348 · Court of Appeals for the Third Circuit · Sep 24, 1991

In light of our rulings on these issues, infra, we need not address the issue of qualified immunity. 6 . … Here, the district court believed that these pleadings established that the commissioners were confronted with an emergency.

Walling v. Brady

125 F.3d 114 · Court of Appeals for the Third Circuit · Jul 30, 1997

The district court held that the Board of Trustees ("Trustees") of an ERISA-qualified multi-employer pension fund had abused its discretion when it amended its pension plan to authorize the payment of an additional $100 per … The class members consist of Pension Fund members who do not also participate in the Welfare Fund; they retired without fulfilling sufficient years of service to qualify for Welfare Fund benefits. 7 Walling and his class

Sheriff v. Attorney General of the United States

587 F.3d 584 · Court of Appeals for the Third Circuit · Nov 24, 2009

The applicant bears the burden of establishing that he or she meets the prerequisites for status as a refugee. … cry from what was required under the then-existing regulation, it carved out only two comparatively minor harms, stating that “mere economic disadvantage or the inability to practice one’s chosen profession would [not] qualify

Ober v. Brown

105 F. App'x 345 · Court of Appeals for the Third Circuit · Jul 14, 2004

Ober asserted that these actions were taken to retaliate against him for exercising his First Amendment right to 1 That motion was based on qualified immunity grounds. 2 Thus we did not need to decide, and … did not decide, whether defendants were entitled to qualified immunity. 3 file Ober I.

Mirjan v. Attorney General of the United States

494 F. App'x 248 · Court of Appeals for the Third Circuit · Aug 28, 2012

to establish that Mirjan and Bossier were establishing a life together. … See 8 C.F.R. § 216.5 (e)(2) (“In considering whether an alien entered into a qualifying marriage in good faith, *252 the director shall consider evidence relating to the amount of commitment by both parties to the marital

Turner v. Hershey Chocolate

Court of Appeals for the Third Circuit · Mar 20, 2006

Liberty Lobby, Inc., 477 U.S. 242, 249-50 (1986).3 In order to make out a prima facie case of disability discrimination under the ADA, Turner must establish that she (1) has a “disability,” (2) is a “qualified individual … individual under the ADA and therefore could not establish his prima facie case.

Pennsylvania v. Brown

373 F.2d 771 · Court of Appeals for the Third Circuit · Feb 28, 1967

College “is covered” by the Pennsylvania Public Accommodations Act; 11 that “Said Act prohibits defendants from refusing plaintiffs admission to Girard College on the ground that they are not white, if they are otherwise qualified … The City of Philadelphia in its intervening petition alleged in paragraph 7 that: “Denial of admission to Girard College to otherwise qualified male orphan children because of their race or color is contrary to the public

Lloyd v. United States

Court of Appeals for the Third Circuit · May 17, 2005

Second, we must determine whether the rule announced in Booker qualifies as “new.” 2 See id. … The Court of Appeals for the Sixth Circuit also concluded that what it called the “Booker rule” was “clearly new.” See Humphress v.

Banks v. Horn

316 F.3d 228 · Court of Appeals for the Third Circuit · Jan 14, 2003

The Court articulated the full import of Woodson’s constitutional directive more clearly in Lockett v. … Clearly, the Andres decision took place within a different statutory context and, in our view, is not a model of clarity.

Denise Mannella v. Commissioner IRS

631 F.3d 115 · Court of Appeals for the Third Circuit · Jan 19, 2011

“It is well-established that an agency’s action must be upheld, if at all, on the basis articulated by the agency itself.” Motor Vehicle Mfrs. Ass’n v. State Farm Mut. Auto. Ins. … To repeat: “[i]t is well-established that an agency’s action must be upheld, if at all, on the basis articulated by the agency itself.” Motor Vehicle Mfrs. Ass’n, 463 U.S. at 50 , 103 S.Ct. 2856 .

Nos. 84-1478, 84-1509

777 F.2d 113 · Court of Appeals for the Third Circuit · Jan 7, 1986

Rodriguez, 431 U.S. 395 , 97 S.Ct. 1891 , 52 L.Ed.2d 453 (1977), in which named plaintiffs who were not qualified as over-the-road drivers could not represent a class of qualified drivers who complained of discrimination. … He stated clearly that the burden of proof was on plaintiffs.

Suders v. Easton

Court of Appeals for the Third Circuit · Apr 16, 2003

Her supervisory authority over Suders was not clearly established in the record below. … As other courts have noted, the use of the qualifier “such as” indicates that tangible employment actions are not limited to those that follow the qualifier. See Jin v. Metropolitan Life Ins.

United States Ex Rel. Dunleavy v. County of Delaware

279 F.3d 219 · Court of Appeals for the Third Circuit · Jan 29, 2002

Unless Congress clearly provides otherwise, a local governmental entity is immune from punitive damages awards. See City of Newport v. … Michigan Dep't of State Police, 491 U.S. 58, 67 (1989) (holding that Congress did not intend to override well-established common law immunities in passing civil rights act).

Hughes v. Tropello

296 F. 306 · Court of Appeals for the Third Circuit · Feb 25, 1924

This provision is qualified by the proviso that such decision, shall be based upon the certificate of the examining medical officer, and shall be final as to the rejection of aliens affected with any dangerous contagious … have no reference to the commencement of a proceeding to establish the right to deport, as this right has already been conclusively established.

Darren James v. New Jersey Department of Healt

Court of Appeals for the Third Circuit · May 18, 2022

Callahan, 555 U.S. 223, 232 (2009) (government official protected from liability under qualified immunity unless the facts alleged show the violation of a clearly established constitutional right of which a reasonable person … Accordingly, qualified immunity was appropriate. law to conclude that he did not qualify as a prescribing physician under the act. See Appellant’s Br. at 3, 7.

Carla Mader v. Union Township

Court of Appeals for the Third Circuit · Dec 9, 2022

However, the District Court, noting that the Township had made the meeting available over Zoom due to the COVID-19 pandemic, concluded that the named defendant was entitled to qualified immunity because there was no clearly … The Maders have merely reasserted their initial allegations without citing any authority or addressing qualified immunity, and we therefore will not address this issue. 4 constitutionally