Case law

Roger Real v. Attorney General United States of America

Court of Appeals for the Third Circuit · Jul 30, 2025

“credibly established” and “adequately corroborated.” … Justice Jackson, concurring in Wilkinson, rightly observed that Congress retains the authority to more clearly limit judicial review, but it has not done so. 601 U.S. at 227.

Phyllis J. Stahl and Morris Stahl, Her Husband, and Mollie Lynn Stahl, a Minor, by Phyllis J. Stahl, Her Guardian Ad Litem v. Ohio River Company v. G. M. Crain River Towing, Inc. Morris Stahl

424 F.2d 52 · Court of Appeals for the Third Circuit · Apr 1, 1970

To do so would enable a third-party defendant to effectuate what an original defendant clearly may not. … This language, unlike the language permitting third-party defendants to plead "claims" against a plaintiff, clearly recognizes contingent liability.

Hill v. Director OWCP

Court of Appeals for the Third Circuit · Apr 9, 2009

Clearly Mr. Hill was in poor condition. … Hill has established her entitlement to survivor’s benefits as a matter of law, and there is nothing left to do but award the benefits she is clearly entitled to.

John William Dunn v. Raymond J. Colleran

247 F.3d 450 · Court of Appeals for the Third Circuit · Apr 20, 2001

We further find that the state court unreasonably applied clearly established Supreme Court caselaw, and that the District Court erred in concluding otherwise. … Thus, the district attorney clearly qualified the contested remark by indicating his [sic] recommendation was still intact. 42 A273-A274 (internal citation omitted).

Town Court Nursing Center, Inc. v. Beal

586 F.2d 266 · Court of Appeals for the Third Circuit · Sep 29, 1978

In Part A, Medicare provides for hospital insurance benefits for qualified beneficiaries. … That nonwaivable, jurisdictional requirement was that "a claim for benefits shall have been presented to the Secretary," Id., a requirement clearly met by Town Court in this case.

New Castle County De v. National Union Fire Insurance Company of Pittsburgh, Pa

243 F.3d 744 · Court of Appeals for the Third Circuit · Mar 21, 2001

It is the obligation of the insurer to state clearly the terms of the policy.... … It denied summary judgment, however, as to all other claims, including those against the individual County officers who had sought legislative or qualified immunity. See Acierno v. Cloutier, 1993 WL 215133 (D.Del.1993).

Indian Coffee Corp. v. The Procter & Gamble Company

752 F.2d 891 · Court of Appeals for the Third Circuit · Feb 15, 1985

established. … Deily you say was qualified to testify as he did, but he was not offered as an expert.

United States Steel Corporation v. Fraternal Association Of Steelhaulers

431 F.2d 1046 · Court of Appeals for the Third Circuit · Sep 17, 1970

owner operator and to the fleet operator with respect to whether or not he can make a dollar." 14 From the foregoing, and based on a thorough examination of this entire record, we are unable to say that the district court clearly … primary purpose was to protect the drivers' interest in the gross revenue rather than the owners' interest in the equipment rental. 6 20 In sum, appellants had the burden of proving FASH to be a labor organization, thereby immunizing

United States v. Wright-Barker

784 F.2d 161 · Court of Appeals for the Third Circuit · Feb 14, 1986

Here, importation and distribution of over 23 tons of marijuana would clearly have a harmful effect and merit federal law enforcement attention. … The ship was clearly smuggling marijuana and acting as a mothership; the only question is where the drugs were to be landed.

No. 04-2390

428 F.3d 478 · Court of Appeals for the Third Circuit · Nov 2, 2005

Thus, the statute contemplates and the plan establishes the "process" by which a DRO is "qualified." … A domestic relations order is a QDRO "only if suchorder clearly specifies . . .

Kruelle v. New Castle County School District

642 F.2d 687 · Court of Appeals for the Third Circuit · Apr 1, 1981

And Congress was clearly aware of children with needs similar to those of Paul, and was quite conscious of the foundational nature of their education. … July 16, 1979) (residential placement to ensure continuity necessary to obtain any improvement in self-sufficiency). . 20 U.S.C. § 1412 (5)(B) provides that in order to qualify for assistance a state must establish “procedures

Eshelman v. Agere Systems, Inc.

554 F.3d 426 · Court of Appeals for the Third Circuit · Jan 30, 2009

To prevail under the ADA, Eshelman must establish that she is a “qualified individual with a disability.” 42 U.S.C. § 12112 (a). … Nonetheless, it is logical to assume that a person may qualify as substantially limited when their inability to think (i) arises from a qualifying “physical or mental impairment” 4 ; that (ii) compromises their ability to

Boyanowski v. Capital Area Intermediate Unit

215 F.3d 396 · Court of Appeals for the Third Circuit · Jun 14, 2000

He also won a verdict against John Nagle, who had been executive director of the CAIU, but the District Court set it aside on qualified immunity grounds. Mr. … On post-trial motions, the District Court ruled that Nagle was entitled to qualified immunity on the substantive due process claim, and it set aside the verdict and damages against him.

United States v. Mitchell

Court of Appeals for the Third Circuit · Apr 29, 2004

While this is by no established. … We also note that are clearly distinguishable.

Little v. Wuerl

929 F.2d 944 · Court of Appeals for the Third Circuit · Apr 3, 1991

Accordingly, we will do so only if Congress clearly intended that result. IV. In enacting Title VII, Congress clearly asserted a strong government interest in eliminating religious discrimination in employment. … Therefore Loyal Order demonstrates not that the Parish can waive the religious school exceptions, but only that if the Parish ceases to be a religious school, it will no longer qualify for those exceptions.

Belitskus v. Pizzingrilli

343 F.3d 632 · Court of Appeals for the Third Circuit · Sep 11, 2003

This conclusion is clearly supported by the Supreme Court's decision in Bullock . … Such a ruling would clearly run afoul of the Supreme Court's general approval of such fees.

PBW Stock Exchange, Inc. v. Securities & Exchange Commission

485 F.2d 718 · Court of Appeals for the Third Circuit · Sep 28, 1973

The Commission acts for Congress in establishing such rule or regulation. … This latter act had been passed in 1913 and established procedures for review of orders of the Interstate Commerce Commission.

Lindell Tate v. S. Wiggins

Court of Appeals for the Third Circuit · Feb 24, 2020

Even assuming that Tate’s condition constitutes a serious medical need, we agree that the defendants are entitled to qualified immunity because there is no clearly established right involved here. See Michtavi v. … Foote, 782 F.3d 968, 969-70 (8th Cir. 2015) (stating that “we may consider the defense of qualified immunity in reviewing the district court’s preservice dismissal”).

Pamela Couden v. City of Wilmington

412 F. App'x 476 · Court of Appeals for the Third Circuit · Jan 7, 2011

We have explained that qualified immunity involves two questions. … We thus turn to the second qualified immunity question: whether the right in question was clearly established or, put differently, “whether it would be clear to a reasonable officer that his conduct was unlawful in the

Sieracki v. Seas Shipping Co.

149 F.2d 98 · Court of Appeals for the Third Circuit · Apr 11, 1945

Formerly the work was done by the ship’s crew, but owing to the demand for rapidity and special skill it has become a special service, one which has been called “as clearly identical with maritime affairs as are the mariners … 1930, 41 F.2d 651 Judge Woolley says, page 654, “The law regards a longshoreman or stevedore, injured while engaged in maritime service aboard a ship lying in navigable waters, as a seaman with all his peculiar rights and immunities