Case law

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

United States v. Craig B. Sokolow

91 F.3d 396 · Court of Appeals for the Third Circuit · Jul 26, 1996

Factual determinations underlying the application of the guidelines are reviewed under the clearly erroneous standard. Id. … Relevant excerpts read as follows: The activities conducted by [NIBA] clearly indicate to the Court as a matter of fact and law ' that [NIBA’s] business operation clearly was not a valid ERISA employment benefit plan.

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

In Re Asbestos Products Liability Litigation (No. VI)

822 F.3d 125 · Court of Appeals for the Third Circuit · May 16, 2016

establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … She therefore established a genuine dispute of mate- rial fact precluding summary judgment. See NAACP v. N.

Hirst v. Inverness Hotel Corp.

544 F.3d 221 · Court of Appeals for the Third Circuit · Sep 19, 2008

Bravo was not so disclosed, nor was there any attempt to qualify him as an expert at trial. Yet, in the absence of personal perception, an opinion as to whether Mrs. … Not having been qualified as an expert in security (or in any other area for that matter), Bravo should not have been permitted to offer such an opinion.

Smith v. Mensinger

293 F.3d 641 · Court of Appeals for the Third Circuit · Jun 11, 2002

We will not immunize such conduct by suggesting that an officer can silently contribute to such a constitutional violation and escape responsibility for it. … Accordingly, even assuming that any such issue exists here, it has clearly been waived and we therefore need not address whether Smith has properly exhausted under the PLRA. 4 In Brooks, we noted that when courts focus on

D'Iorio v. County of Delaware

592 F.2d 681 · Court of Appeals for the Third Circuit · Dec 20, 1978

DTorio’s discharge was found to be in violation of the procedures established by the Charter for termination of county employees. … Our independent review of the clarity of state law was evidenced by our holding: “Here we hold that the statute is not of an uncertain nature and, therefore, the case does not qualify for application of the abstention doctrine

Carden, Raymond C. v. Westinghouse Electric Corporation

850 F.2d 996 · Court of Appeals for the Third Circuit · Aug 11, 1988

Second, that he was qualified to do the job. Third, that his employment was terminated despite the fact there remained work he was qualified to perform. … That statement clearly indicates that someone or more persons other than Clark himself, constituted “they.”

Roebling v. Commissioner

143 F.2d 810 · Court of Appeals for the Third Circuit · Jul 1, 1944

reorganization” under the Revenue Act, and (2) that a “continuity of interest” as enunciated in numerous decisions of the Supreme Court of the United States and the pertinent Treasury Regulation 101 4 must still be present to establish … First, the stockholders in South Jersey had a definite and clearly fixed proprietary interest in its property.

Michael Norwood v. John Johnson

457 F. App'x 74 · Court of Appeals for the Third Circuit · Jan 11, 2012

The court concluded that the defendants were indeed qualifiedly 4 immunized from a suit for damages, reasoning that the Magistrate Judge had defined the asserted “clearly established … His conduct too thus was cloaked in qualified immunity. Norwood appeals. We have jurisdiction under 28 U.S.C. § 1291.

In Re: Manuel Ferandos, Debtor 1 St 2 Nd Mortgage Co. Of Nj, Inc. v. Manuel Ferandos

402 F.3d 147 · Court of Appeals for the Third Circuit · Mar 18, 2005

In this appeal, we must decide under what circumstances a mortgagee may qualify for the anti-modification protection afforded by 11 U.S.C. § 1322 (b)(2). … We did so on the basis that the items in question clearly had independent value, but we did not comment further on whether lack of "independent value” could serve as an appropriate "test.”

Angeline S. Protos v. Volkswagen of America, Inc.

797 F.2d 129 · Court of Appeals for the Third Circuit · Jul 29, 1986

To allow him to work only four days, the Court reasoned, the company would either have to fill his position on Saturdays with supervisors or qualified personnel from other departments, or with employees from his department … The Establishment Clause does not prohibit such an effort. IV.

Gulf Oil Corporation, in No. 89-2049 v. Commissioner of Internal Revenue. Commissioner of Internal Revenue, in No. 89-2050 v. Gulf Oil Corporation

914 F.2d 396 · Court of Appeals for the Third Circuit · Sep 11, 1990

... clearly establishes that ... the Crude Oil Supply Agreement [discount] constituted the major part of the consideration [Gulf received] for the 1975 nationalization of its remaining 20 percent interest in the Kuwait Concession … Since the I.R.C. § 901(f) requirements are met, the Kuwaiti income taxes do not qualify as a foreign tax credit under I.R.C. § 901; rather, these taxes qualify as a deduction under I.R.C. § 164, which allows deductions for

Bismillah Miah v. John Ashcroft, Attorney General of the United States Immigration & Naturalization Service

346 F.3d 434 · Court of Appeals for the Third Circuit · Oct 9, 2003

The asylum applicant bears the burden of establishing that he or she qualifies as a “refugee.” See 8 C.F.R. § 208.13 (a) (2001). A grant of asylum allows a removable alien to remain in the United States. … In contrast to the discretionary relief available to individuals who qualify for political asylum, “if an alien qualifies for withholding of deportation ... then the Attorney General is prohibited from deporting the alien

Americans United For Separation Of Church And State v. Ronald W. Reagan

786 F.2d 194 · Court of Appeals for the Third Circuit · Apr 25, 1986

It alleges further that the establishment of diplomatic relations with the Vatican amounts to an establishment of religion in violation of the establishment clause of the first amendment. … of diplomatic relations confers on the person designated by the Vatican as Papal Nuncio to the United States the benefits of the privileges and immunities of the statutes protecting diplomats (22 U.S.C.

Lewis H. BILLET, Jr., Appellant, v. CIGNA CORPORATION; And Connecticut General Life Insurance Company

940 F.2d 812 · Court of Appeals for the Third Circuit · Aug 20, 1991

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 he (1) belongs to a protected class; (2) was qualified for the position; … In a case such as this, where the plaintiffs job was eliminated and he was not replaced, to establish a prima facie case, he need only show that he is within the protected class, and was qualified for the job from which he

6 soc.sec.rep.ser. 236, Medicare&medicaid Gu 34,106 Douglas J. Cospito v. Margaret M. Heckler, Etc., and the Joint Commission on Accreditation of Hospitals, Douglas J. Cospito, Cross-Appellees v. Margaret M. Heckler, Etc., and the Joint Commission on Accreditation of Hospitals, Cross-Appellant

742 F.2d 72 · Court of Appeals for the Third Circuit · Aug 29, 1984

California, 444 U.S. 277 , 100 S.Ct. 553 , 62 L.Ed.2d 481 , we rejected the argument made by the parents of a girl murdered by a parolee that a California statute granting absolute immunity to the parole board for its release … Even accepting that contention, however, we note that the defendants here, JCAH and the Secretary, clearly had nothing to do with the fact that the Patients are so confined.

Prosdocimo v. Secretary, Pennsylvania Department of Corrections

458 F. App'x 141 · Court of Appeals for the Third Circuit · Jan 17, 2012

However, for the purpose of federal habeas review, the rule of law upon which Prosdocimo relies must be “clearly established … as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254(d)(1). … Prosdocimo‟s claim is predicated on Napue, which does not clearly establish that due process can be violated even without proof of perjury.

United States v. Richardson

Court of Appeals for the Third Circuit · Nov 13, 2002

Richardson does not dispute that his two adult convictions for drug possession qualify as predicate offenses under the ACCA. … Parker, 5 F.3d 1322, 1326 (9th Cir. 1993). 11 otherwise unequivocally established that he had committed a violent felony, his juvenile adjudication cannot be used to enhance his sentence

Hmw Industries, Inc. v. Rueben B. Wheatley, Commissioner of Finance, Government of the Virgin Islands

504 F.2d 146 · Court of Appeals for the Third Circuit · Sep 25, 1974

STC, as a qualified corporation, had been granted Section 6(b) subsidies under Act No. 224 since the time such subsidies were authorized in 1959. … hold the subsidies which were paid to STC taxable under 26 U.S.C. § 362 (c) (2) would be contrary to both the letter and spirit of the Industrial Incentive Program Legislation and would frustrate the legislative intent so clearly