Case law

Jessie Denkins v. State Operated School District

Court of Appeals for the Third Circuit · Nov 9, 2017

“The doctrine of qualified immunity 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 … That two-step analysis—was there a violation of a Constitutional right, and was the right clearly established—may begin with either step. Id. at 236.

United States v. Jimenez

513 F.3d 62 · Court of Appeals for the Third Circuit · Jan 14, 2008

Many of Mortgage Pros’ customers lacked sufficient income, assets, or employment history to qualify for a residential mortgage. … The Government established the misrepresentation element of the fraud counts by asking the jury to compare the “true” tax returns as filed, which were established by the returns or abstracts received from the IRS, with the

Toure v. Atty Gen USA

Court of Appeals for the Third Circuit · Apr 5, 2006

The legal precepts underlying Toure’s claim are well established. The Attorney General has the discretionary power to grant asylum to an alien who qualifies as a refugee within the meaning of 8 U.S.C. § 1101(a)(42)(A). … Even more significant, the persecutors’ statements clearly indicate that the persecutions were politically and ethnically motivated.

Bierley v. Grolumond

174 F. App'x 673 · Court of Appeals for the Third Circuit · Mar 16, 2006

The defendants responded to Bierley’s complaint by arguing, inter alia, that his claims were without merit and that they were entitled to either qualified or absolute immunity. … It is a well-established principle that judges are absolutely immune from suits for damages under 42 U.S.C. § 1983 when they act in a judicial capacity. See Stump v.

United States v. Robert David Villard

885 F.2d 117 · Court of Appeals for the Third Circuit · Sep 19, 1989

Clearly tell that it was an outdoor setting. And clearly identified him from head to toe. It was a full page photograph. 700 F.Supp. at 805-06 . … He had a smile on his face, and protruding clearly from one leg of the shorts was an erection.

Michael SURACE; Alice Surace, H/w, Appellants, v. CATERPILLAR, INC.; CMI Corporation, Appellees

111 F.3d 1039 · Court of Appeals for the Third Circuit · Apr 22, 1997

Specifically, Surace alleged that the back-up alarms were prone to “habituation,” a phenomenon by which a person becomes immune to a particular stimulus through constant repetition and exposure, and that without a “lockout … While we have recognized that there is no set litmus test to qualify as an expert, see Hammond v.

Mazus v. Dept. of Transportation

629 F.2d 870 · Court of Appeals for the Third Circuit · Jul 28, 1980

Although the language of Rosenthal clearly covers patronage hirings it is pure dicta and not binding on this court. … Mazus argues that the census data was sufficient to establish a prima facie case.

North American Specialty Insurance Company v. Shirley Myers

111 F.3d 1273 · Court of Appeals for the Third Circuit · Apr 16, 1997

The District Court later denied a motion for reconsideration filed by the Myers estate and Colwell; in that motion, appellants presented an affidavit which assertedly established that Arthur Huffman had satisfied the conditions … Because the binder contains no special section explicitly designating CFIs as proper operators, and because the "Special Pilot Provisions" clearly do not apply to CFIs, coverage can occur when a CFI was piloting the plane

Sussex Drug Products v. Kanasco, Ltd.

920 F.2d 1150 · Court of Appeals for the Third Circuit · Dec 19, 1990

An order that eliminates two of several elements of damages flowing from a single claim does not qualify for Rule 54(b) certification. Marino v. … This may most clearly be seen by assuming that this case had been set for jury trial. It is difficult to believe that the court would not have ordered all of the counts to be resolved in one trial.

In Re Kumar Bavishi & Associates. (Two Cases) Frederick L. Reigle, Esq., Trustee for Kumar Bavishi & Associates v. S.S. Mahajan, Frederick L. Reigle, Esq., Trustee for Kumar Bavishi & Associates v. R.K. Mahajan, Patel Manjula, S.S. Mahajan

906 F.2d 942 · Court of Appeals for the Third Circuit · Jul 26, 1990

The Trustee argues that the Appellee is clearly a limited partner who received a payment of $33,333 from the debtor. … Courts are split on whether postpetition advances of new value qualify under section 547(c)(4). Compare In re Thomas W.

Equal Employment Opportunity Commission v. Westinghouse Electric Corporation

869 F.2d 696 · Court of Appeals for the Third Circuit · Feb 2, 1989

Age, then, is clearly the basis for the denial of severance pay to the older employee. … Therefore, the district court’s finding of age-based discrimination was not clearly erroneous.

Sallah Abdulla v. Iraq Embassy in Washington DC

598 F. App'x 824 · Court of Appeals for the Third Circuit · Mar 2, 2015

Abdulla moved for a default judgment under the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. § 1608(e). … But to qualify for a default judgment under the Act, Abdulla needed to establish his right to relief by “evidence satisfactory to the court.” See 28 U.S.C. § 1608(e).

Braxton v. Carlson

483 F.2d 933 · Court of Appeals for the Third Circuit · Aug 27, 1973

Appellants also seek reversal of the district court determination that immunity against future use of his testimony by a prisoner need not be given in prison disciplinary hearings. … Clearly, this was an example of "substantial punishment," described in Gray as necessitating establishment of constitutional safeguards. 19 In Gray itself, we recognized certain "unusual circumstances." 20 This is not to

In Re: Villa West Associates, Debtor. Darcy D. Williamson, Trustee v. Fred C. Kay, Defendant-Third-Party v. Thomas W. Vandyke Leslie M. Burnes Kirk W. Carpenter Paul R. Virden Bernard Hainen E. Jerome Hanson, M.D. C. Thomas Hitchcock, M.D. Jerry Warden James C. Brenneman Steven R. Duvall Jude Nally H. Elvin Knight, Jr. L. Kenneth Hubbell John A. Alholm Don C. Freburg, Third-Party-Defendants-Appellees, Douglas Kay and Ann Kay, Third-Party-Defendants-Appellants, Mn Associates, Claimant-Appellee. In Re: Villa West Associates, Debtor. Darcy D. Williamson, Trustee v. Fred C. Kay, Third-Party-Plaintiff-Appellant v. John A. Alholm L. Kenneth Hubbell Thomas W. Vandyke Don C. Freburg Bernard Hainen C. Thomas Hitchcock Kirk W. Carpenter H. Elvin Knight, Jr. Paul Virden James C. Brenneman E. Jerome Hanson Leslie M. Burns Jerry Warden James L. Glasser Mn Associates Glenda Hainen Donna Nally James C. Glasser, Third-Party-Defendants-Appellees, Douglas Kay and Ann Kay, Third-Party-Defendants-Appellants

146 F.3d 798 · Court of Appeals for the Third Circuit · Jun 17, 1998

However, the cases have clearly set forth what criteria must exist in order to establish a fiduciary relationship. Gillespie v. … [Citations omitted.] 40 "For the plainest of reasons, agreements establishing fiduciary relationships, if not in writing, must be clear and convincing.

Real Alternatives, Inc. v. Secretary Department of Health & Human Services

867 F.3d 338 · Court of Appeals for the Third Circuit · Aug 4, 2017

The Departments established a separate accommodation for certain employers, addressed supra, that is not at issue in this litigation. . … Because the original insurance plan was terminated, it does not qualify for grandfathered status. .

Dennis Sullivan, Michael Diskin, James Rosenweir, Hershel Heilig, Wayne Jackson, John Clark and John King, on Their Own Behalf and on Behalf of All Others Similarly Situated Arc House, Inc. (Plf Intervenor) v. The City of Pittsburgh, Pennsylvania Paul J. Imhoff, Supt. Of Pittsburgh Bureau of Building Inspections, Robert H. Lurcott, Director of the Pittsburgh Dept. Of City Planning v. The County of Allegheny, Pennsylvania and the Allegheny County Institution

811 F.2d 171 · Court of Appeals for the Third Circuit · May 12, 1987

Finally, the district court's conclusion that the fourth prong of Strathie is likely to be satisfied was also not clearly wrong. … Evidence also established that appellees could find treatment only at ARC centers. FF 80, 82.

Noorily v. Thomas & Betts Corp.

188 F.3d 153 · Court of Appeals for the Third Circuit · Aug 25, 1999

We first address T & B’s contention that its determination to deny the plaintiffs severance benefits was a “business decision” immune from the standards that section 404 of ERISA, 29 U.S.C. § 1104 , establishes for fiduciaries … We carefully have examined plaintiffs’ cross-appeal with respect to the sanctions and find that it is clearly without merit.

Field v. Volkswagenwerk Ag

626 F.2d 293 · Court of Appeals for the Third Circuit · Jul 10, 1980

As such, she was the only one qualified to assert a claim on behalf of the estate at that time. … Federal Practice and Procedure § 3604, at 607-08 (1975) (citing cases) (hereinafter cited as Wright, Miller & Cooper) 3 Act of March 3, 1875, § 1, 18 Stat. 470 4 28 U.S.C. § 1332 (a)(2) (1976), as amended by Foreign Sovereign Immunities

Cutaiar v. Marshall

590 F.2d 523 · Court of Appeals for the Third Circuit · Jan 12, 1979

to establish the immediacy, reality and adversity of an “actual controversy.” … By balancing the interests of each plan, they may be able to construct terms which are fair and equitable for both plans; if so, they may qualify for a § 408 exemption.

United States v. Barney

672 F.3d 228 · Court of Appeals for the Third Circuit · Mar 6, 2012

However, Appellant qualified as a Career Offender under U.S.S.G. ' 4B1.1 (the ACareer Offender Guidelines@) due to two prior felony convictions, one for aggravated assault and one for distribution of a controlled substance … However, we conclude that the 2003 definition does resolve the ambiguity that the Flemming court identified and clearly establishes that the Aapplicable guideline range@ is that which precedes the application of a ' 4A1.3