Case law

Edward Gleason v. United States of America

458 F.2d 171 · Court of Appeals for the Third Circuit · Apr 20, 1972

Although Congress has waived the government’s immunity from suit, that waiver exists only if the aggrieved person complies with the terms of the sovereign’s consent. … In the brief of defendants on page 3 in footnote No. 1 it is clearly stated that as to the issues before this court concerning the applicable statutes of limitation, a ruling as to Gleason will be dispositive of the case

Walter DiBease v. United States

Court of Appeals for the Third Circuit · Sep 19, 2024

That proviso to sovereign immunity is known as the “discretionary function exception.” … That responsibility, qualified by the 6 phrase “where necessary” and “as often as necessary[,]” gave the postmaster a measure of choice. Id.; see Williams v.

Massachusetts School of Law at Andover, Inc. v. American Bar Ass'n

107 F.3d 1026 · Court of Appeals for the Third Circuit · Feb 28, 1997

MSL argues on appeal that the Noerr principles do not apply here because private anti-competitive conduct is immunized only where it is (1) clearly and affirmatively authorized by state policy, and (2) actively supervised … provide immunity.

In re Copeland

531 F.2d 1195 · Court of Appeals for the Third Circuit · Mar 3, 1976

Thus, Official Comment 2 to § 9-305 states: “Possession may be by the secured party himself or by an agent on his behalf: it is of course clear, however, that the debtor or a person controlled by him cannot qualify as such … Its interest in the stock was therefore not immune from debtor’s claim for statutory relief pursuant to § 9-507(1).

Guy Drake, Plaintiff-Appellee-Cross v. E. I. Dupont Denemours & Co., Inc., Defendants-Third Party Plaintiffs-Appellants-Cross v. Levingston Shipbuilding Company, Third Party

432 F.2d 276 · Court of Appeals for the Third Circuit · Jan 28, 1971

Several days elapsed while a repair procedure was established, and while Coast Guard approval of the method of repair was sought and approved. … In fact, of the numerous welders employed in the Levingston yard, Drake was one of only two welders who were qualified to do this job.

Renfro v. Unisys Corp.

671 F.3d 314 · Court of Appeals for the Third Circuit · Aug 19, 2011

. § 1002(34), which is tax qualified under 26 U.S.C. § 401(k). … Because “Congress did not require employers to establish benefit plans in the first place . . .

Nationwide Mutual Insurance Company v. Anne Marie Budd-Baldwin

947 F.2d 1098 · Court of Appeals for the Third Circuit · Oct 21, 1991

First, Nationwide argues that Budd is not an insured under the policy, because he does not qualify as a resident relative under the terms of the policy. … Stentor Electric Manufacturing Co., 313 U.S. 487 , 61 S.Ct. 1020 , 85 L.Ed. 1477 (1941), and clearly warrant imposition of Pennsylvania law.

White v. Beal

555 F.2d 1146 · Court of Appeals for the Third Circuit · May 5, 1977

We affirm. 2 The plaintiff class is composed of individuals generally qualifying for benefits under Pennsylvania's medical assistance program established under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 , et … A person who cannot see clearly beyond a short distance from his face because of a refractive error may not be given eyeglasses under the Pennsylvania plan, but a person with only slightly impaired vision, caused by pathology

K & K Construction Co. v. National Labor Relations Board

592 F.2d 1228 · Court of Appeals for the Third Circuit · Jan 12, 1979

union pay scales and stating that members were neighbors and taxpayers trying *1231 to protect area wage standards and conditions that took many years to achieve. 1 The ALJ found that the picketing and handbilling were clearly … That defense, which may have application to a § 8(b)(7)(C) charge, however, does not immunize the union from a finding of illegal secondary picketing under § 8(b)(4)(ii)(B). .

Damien Preston v. Superintendent Graterford SCI

902 F.3d 365 · Court of Appeals for the Third Circuit · Sep 5, 2018

He was granted immunity by the District Attorney’s office and was therefore compelled to testify. See Kastigar v. … United States, 406 U.S. 401, 458 (1972) (“use and derivative-use immunity is constitutionally sufficient to compel testimony over a claim of the privilege”).

Ronald Greene v. Brian Kelly

Court of Appeals for the Third Circuit · Apr 6, 2022

“Police officers, embodying the authority of the state, are liable under § 1983 when they violate someone’s constitutional rights, unless they are protected by qualified immunity.” Curley v. … In assessing qualified immunity, a court asks “(1) whether the officer violated a constitutional right, and (2) whether the right was clearly established, such that ‘it would [have been] clear to a reasonable officer that

United States v. Thornton

1 F.3d 149 · Court of Appeals for the Third Circuit · Jul 19, 1993

The government produced witness agreements (including immunity agreements) and information documenting payments to several cooperating witnesses. … In light of the non-disclosure by the DEA agents in this case, we believe that the prosecutors have an obligation to establish procedures, such as requiring written responses, which will ensure that the responsible agents

Moench v. Robertson

62 F.3d 553 · Court of Appeals for the Third Circuit · Sep 12, 1995

The Committee did not qualify the concession it made at the outset of its brief. … "[E]mployee stock ownership plan[§ are] designed to invest primarily in qualifying employer securities." 29 U.S.C. Sec. 1107 (d)(6)(A).

Houghton, Donna M. v. New Jersey Manufacturers Insurance Company

795 F.2d 1144 · Court of Appeals for the Third Circuit · Jul 17, 1986

Not every report issued from Equifax or other consumer reporting agencies qualifies as an investigative consumer report under the statute. … FCRA § 1681d provides: (a) A person may not procure or cause to be prepared an investigative consumer report on any consumer unless— (1) it is clearly and accurately disclosed to the consumer that an investigative consumer

Contractors Ass'n of Eastern Pennsylvania, Inc. v. City of Philadelphia

91 F.3d 586 · Court of Appeals for the Third Circuit · Sep 5, 1996

If he under-counted the number of black firms qualified and willing to undertake City construction contracts or over-counted the total number of firms qualified and willing to undertake City construction contracts, the actual … The record established that this program had achieved substantial success in fulfilling its goals.

Joyce Daniels v. City of Pittsburgh

Court of Appeals for the Third Circuit · Mar 30, 2023

conduct did not violate clearly established law. … Therefore, we need not reach the District Court’s qualified immunity analysis, which formed an alternative basis for granting summary judgment. 8  B.

Zeffiro v. First Pennsylvania Banking & Trust Co.

623 F.2d 290 · Court of Appeals for the Third Circuit · May 29, 1980

The indenture is deemed “qualified” when registration becomes effective. 3 Before registration of the debenture is declared effective it must be qualified under the following conditions: (1) the security has been issued under … These sections begin with the phrase “indenture to be qualified shall provide” or “shall require.”

Catherine Natsu Lanning Altovise Love Belinda Kelly Dodson Denise Dougherty Lynne Zirilli v. Southeastern Pennsylvania Transportation Authority ("Septa") Richard Evans, Individually and in His Official Capacity as Chief of Septa Police Department United States of America v. Southeastern Pennsylvania Transportation Authority Catherine Natsu Lanning Altovise Love Belinda Kelly Dodson Denise Dougherty and Lynne Zirilli

308 F.3d 286 · Court of Appeals for the Third Circuit · Oct 15, 2002

We have jurisdiction pursuant to 28 U.S.C. § 1291 . 2 3 We clearly do not write on a clean slate. … City of Anniston, 597 F.2d 897 (5th Cir.1979) ("Validation, in general, requires a demonstration that `the qualifying tests are appropriate for the selection of qualified applicants for the job in question.'")

Carlos Perez v. Kenneth J. Elwood, District Director Immigration and Naturalization Service

294 F.3d 552 · Court of Appeals for the Third Circuit · Jun 28, 2002

They do not constitute criminal punishment for past acts, even where, as here, the alien qualifies for removal because of a past criminal act. See INS v. … Cyr rejected the ground on which Steele and DeSousa ultimately relied, thus establishing tension between these decisions, we do not suggest that in other cases with the same facts as Steele or DeSousa , we would not reach

Antol v. Sec Dept Defense

Court of Appeals for the Third Circuit · May 7, 1996

Parsons, 729 F.2d 233 (3d Cir. 1984) (per curiam), to establish the proposition that he is excused from exhausting his administrative remedies. … without running afoul of the well- established injunction against recognizing a waiver of federal sovereign immunity not evidenced in the statutory text.