Case law

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

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.”

Nina Shahin v. State of Delaware

531 F. App'x 197 · Court of Appeals for the Third Circuit · Jul 22, 2013

The District Court granted summary judgment to the State, holding that the State was immune from suit under the ADEA, that Shahin had not established a prima facie case of discrimination under Title VII, and that the record … To establish a prima facie case, Shahin needed to show that (1) she belongs to a protected class; (2) she was qualified for the position; (3) she was subject to an adverse employment action; and (4) the adverse action

American Disabled For Attendant Programs Today v. United States Department Of Housing And Urban Development

170 F.3d 381 · Court of Appeals for the Third Circuit · Mar 5, 1999

II. 7 The APA establishes a framework that permits courts to review agency actions. It waives federal sovereign immunity in certain circumstances to allow equitable relief from agency action or inaction. … Chaney, 470 U.S. at 831-32 , 105 S.Ct. at 1655-56 . 4 Section 504 provides "No otherwise qualified handicapped individual ... shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits

United States v. Richard Collins

36 F.4th 487 · Court of Appeals for the Third Circuit · Jun 6, 2022

But disagreement with the District Court’s weighing of evidence does not establish clear error. … The revenue agent also found that Collins qualified for mitigation under the Internal Revenue Manual (the Manual).

De Nemours and Company 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). … At the same time, EPA believes it is important to establish a standard against which to measure cleanups that qualify for cost recovery under CERCLA, so that only CERCLA-quality cleanups are encouraged....

Shaver v. Siemens Corp.

670 F.3d 462 · Court of Appeals for the Third Circuit · Feb 29, 2012

Siemens also contends that even if a temporary extension of one ERISA plan could qualify as the establishment of a second and distinct ERISA plan, Westinghouse — not Siemens — was the plan sponsor and administrator during … That fact, however, is not material to our disposition 38 provided in more precise terms that Siemens shall establish a defined benefit pension plan intended to qualify under

Cai Luan Chen v. John Ashcroft, Attorney General of the United States

381 F.3d 221 · Court of Appeals for the Third Circuit · Aug 20, 2004

In other words, the Ma Court concluded that the BIA’s interpretation of § 1101(a)(42) failed step two of Chevron because it was clearly contrary to Congress’s intent, or, as the Ma Court put it, Congress’s “purpose and policies … (“Congress chose not to define the word ‘persecution’ ... because the meaning of the word was understood to be well established by administrative and court precedents.”).

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

Romeo v. Youngberg

644 F.2d 147 · Court of Appeals for the Third Circuit · May 18, 1981

IX. 54 In order to appreciate the full problem posed by this case, it is important to note that the Supreme Court has recognized a common law of qualified immunity protecting officials and employees from civil liability for … Pennhurst State School and Hospital, 446 F.Supp. 1295, 1324 (E.D.Pa.1977) aff'd and modified, 612 F.2d 84 (3d Cir. 1979) 1 The existence of a qualified immunity defense is not raised on this appeal.

Daniel C. Motley v. New Jersey State Police the State Troopers Fraternal Association of New Jersey

196 F.3d 160 · Court of Appeals for the Third Circuit · Nov 1, 1999

Motley has failed to provide such a sufficient explanation, even taking into account the different standards used in his disability hearing and under the ADA. 17 To establish that he was a "qualified individual with a disability … How can we, now, after Cleveland, deny this opportunity which is clearly mandated?

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.

Chester Ex Rel. NLRB v. Grane Healthcare Co.

666 F.3d 87 · Court of Appeals for the Third Circuit · Dec 7, 2011

In the District Court, the parties disputed whether the two qualified as a “single employer” under the NLRA. … If even the courts of appeals that apply the traditional four factors for preliminary injunctions to this context do not do so strictly, we comfortably conclude that the Supreme Court rulings do not so clearly conflict with

United States v. Raymond Burczyk, and Third Party v. Daniel W. Howard, Village of Waterford, State of Wisconsin, Department of Industry, Labor & Human Relations, Third Party

556 F.2d 394 · Court of Appeals for the Third Circuit · Jun 2, 1977

Priority established. … Even a clearly established negligence may not of itself be a sufficient ground for refusing relief, if it appears that the other party has not been prejudiced thereby.' " Id

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

Patricia Ann Robinson and Bettie Joe Robinson, Minors, by Their Father and Next Friend, James Robinson v. Frank Vollert, as Superintendent of the Galveston Independent School District, Galveston, Texas, Defendants-Third Party v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare, Third Party

602 F.2d 87 · Court of Appeals for the Third Circuit · Sep 10, 1979

Paragraph 2 of the order clearly does not require HEW Approval of any GISD applications for funds. … 7 See note 3 Supra 8 Where a district court bases its findings solely on written evidence, our review is not constrained by the clearly erroneous standard.

United States v. Leonard A. Pelullo

173 F.3d 131 · Court of Appeals for the Third Circuit · Mar 18, 1999

We hold that the District Court did not clearly err in concluding that the government established by a preponderance “that Pelullo’s testimony at the first trial was obtained by means sufficiently distinguishable from the … In sum, the District Court found that the government clearly established that Pelullo had stonewalled Royale’s accountants to conceal his diversion of corporate funds, and that absent an explanation justifying that diversion

Petition of the United States of America and Mathiasen's Tanker Industries, Inc., for Exoneration From or Limitation of Liability as Owners of the U.S.N.S. Mission San Francisco, United States of America, in No. 15294. Mathiasen's Tanker Industries, Inc., in No. 15281

367 F.2d 505 · Court of Appeals for the Third Circuit · Sep 12, 1966

and was proceeding in ballast on another mission as directed by the Navy when the collision occurred. 4 Relying on these facts, the claimants here argue that Mathiasen was such a "charterer or owner pro hac vice" as under established … The short answer is that the Supreme Court has clearly ruled that the Jones Act remedy is exclusive and, when applicable, bars relief against the same defendant under a state wrongful death statute. Gillespie v.

David Jerri, Jr. v. Frederick Harran

625 F. App'x 574 · Court of Appeals for the Third Circuit · Aug 10, 2015

qualified immunity, which only “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The law governing the narrow issue before us—whether, assuming all the other elements of a First Amendment claim are satisfied, speech made as a citizen is protected—is clearly established, hence rendering qualified immunity

Catherine Natsu Lanning Altovise Love Belinda Kelly Dodson Denise Dougherty Lynne Zirilli v. Southeastern Pennsylvania Transportation Authority (Septa) (d.c. Civil No. 97-Cv-00593) United States of America v. Southeastern Pennsylvania Transportation Authority (d.c. Civil No. 97-Cv-01161) Catherine Natsu Lanning, Altovise Love, Belinda Kelly Dodson, Denise Doughtery and Lynne Zirilli, in No. 98-1644 United States of America, in No. 98-1755

181 F.3d 478 · Court of Appeals for the Third Circuit · Jun 29, 1999

The findings of fact on job needs with respect to aerobic capacity are not clearly erroneous. … See Qualifying Standards (updated Oct. 15, 1998). http://www.indiana.edu/#A1#preschal/qualifying.html>.