Case law

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.”

Bethenergy Mines Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor and Eva Vrobel, Widow/john

39 F.3d 458 · Court of Appeals for the Third Circuit · Nov 15, 1994

did not have a totally disabling pulmonary or respiratory impairment was clearly contrary to law. … invoking the interim presumption based on the evidence of several positive x-ray readings, the ALJ applied a now-discredited theory which allowed invocation of the interim presumption to be based upon a single piece of qualifying

Estate of James C. Gibbs, Sr. James C. Gibbs, Jr., in No. 98-5099 v. United States of America, in No. 97-5815

161 F.3d 242 · Court of Appeals for the Third Circuit · Dec 1, 1998

That section provides: If, within 10 years after the decedent’s death and before the death of a qualified heir&emdash; (A) the qualified heir disposes of any interest in qualified real property (other than by a disposition … to a member of his family), or (B) the qualified heir ceases to use for the qualified use the qualified real property which was acquired (or passed) from the decedent, then, there is hereby imposed an additional estate tax

Donald Carson v. Waterfront Commission Of New York Harbor

73 F.3d 24 · Court of Appeals for the Third Circuit · Dec 28, 1995

After holding that Lally, the Commission's General Counsel, was entitled to qualified immunity, the district court dismissed Carson's complaint against both the Commission and Lally. This appeal followed. … Carson does not challenge the district court's qualified immunity determination in this appeal. II. 9 The district court's jurisdiction was premised upon 28 U.S.C. Secs. 1331 , 1332 and 1367.

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.'")

Gritzer v. CBS, .Inc

275 F.3d 291 · Court of Appeals for the Third Circuit · Jan 3, 2002

Employees qualify for these various benefits by meeting certain “eligibility service” and “credit service” benchmarks. … It is undisputed that Ceramics, or any other successor company for that matter, does not qualify as an “Employer” under the express terms of the Plan.

Community Health Services of Crawford County, Inc., a Non-Profit Corporation, Ada Werner, an Individual, Frank E. Werner, an Individual, and Shirley Sorger, an Individual v. Joseph A. Califano, Jr., Secretary of the Department of Health, Education and Welfare, and the Travelers Insurance Companies, a Corporation, Community Health Services of Crawford County, Inc., a Non-Profit Corporation v. Patricia Roberts Harris, Secretary of the Department of Health, Education and Welfare, and the Travelers Insurance Companies, a Corporation

698 F.2d 615 · Court of Appeals for the Third Circuit · Feb 14, 1983

Considerations of sovereign immunity, separation of powers and public policy, such as the fear of binding the government by the improper acts of its agents because of possible resultant fraud and collusion or the severe depletion … The dissent asserts that the petitioner must qualify for a substantive entitlement before governmental estoppel lies.

Aldens, Inc. v. Packel

524 F.2d 38 · Court of Appeals for the Third Circuit · Aug 27, 1975

Aldens is neither required to collect nor to remit Pennsylvania use taxes nor to qualify nor to register to do business in Pennsylvania. It accepts or rejects all orders for merchandise in Chicago. … The stipulated facts establish that Aldens would obtain $750,000 a year more in interest than a Pennsylvania seller could lawfully obtain on identical transactions if it did not comply with the Pennsylvania Act.

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

William E. Brock, Secretary of Labor, United States Department of Labor v. The Claridge Hotel and Casino

846 F.2d 180 · Court of Appeals for the Third Circuit · Jun 1, 1988

An employee qualified in one or more of these supervisory capacities could and did work in other supervisory capacities or as a dealer. … The FLSA imposes liability unless the employer qualifies for exemption.

Fuhrmann v. East Hanover Bd. of Education

993 F.2d 1031 · Court of Appeals for the Third Circuit · May 6, 1993

Substantively, the IDEA requires states wishing to qualify for federal funds to assure all children with disabilities the right to a free “appropriate public education.” 20 U.S.C. § 1412 (1). … Clearly this satisfies the requirements of the New Jersey regulations. .

Getson v. New Jersey

352 F. App'x 749 · Court of Appeals for the Third Circuit · Nov 23, 2009

These contentions do not, however, establish that the administrative proceeding was brought in bad faith. 3 Notably, Dr. … Getson’s “naked assertion” of bias was clearly insufficient to withstand the motion to dismiss. Id. (quoting Twombly, 550 U.S. at 557 , 127 S.Ct. 1955 ).

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. 41 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.

Mustafa Abuomar v. Pennsylvania Department of Cor

Court of Appeals for the Third Circuit · Nov 2, 2018

immunity shields government officials from constitutional claims and money damages, unless a plaintiff can establish that the official violated a statutory or constitutional right, and that the right was “clearly established … They are entitled to qualified immunity and summary judgment on Abuomar’s Fourth Amendment claim.

Sang Goo Park v. Attorney General of the United States

846 F.3d 645 · Court of Appeals for the Third Circuit · Jan 17, 2017

He asserted that his parents, now permanent residents of the United States (and, thus, potential qualifying relatives for the waiver), would suffer great hardship if he were removed. … The same goes for a “pattern” of dispositions whose contours are not clearly defined or which is not tailored to the petitioner’s circumstances. What happens after the petitioner has made this 38 Cf.

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

United States v. Flemming

617 F.3d 252 · Court of Appeals for the Third Circuit · Jul 27, 2010

The Instructions do not clearly require the departure to be applied after the “applicable guideline range” is calculated (as the Sixth, Eighth, and Tenth Circuits have concluded), nor do they clearly require the departure … These variations include “the range established by the applicable guidelines,” U.S.S.G. § 5K2.0 (2001), “the authorized guideline range,” id. §§ 5K2.1–7, “the guideline range,” id. §§ 5K2.8–10, 5K2.14, and, more simply, “

United States v. Bankoff

613 F.3d 358 · Court of Appeals for the Third Circuit · Jul 27, 2010

Like Tonik, it is undisputed that Robinson qualifies as a federal “employee” whose killing would be a crime under § 1114. … We have established three requirements that must be met before a defendant may be allowed to proceed pro se: (1) he must “assert his desire to proceed pro se clearly and unequivocally”; (2) the court must “inquire thoroughly

United States v. Jose Lopez

650 F.3d 952 · Court of Appeals for the Third Circuit · Jun 16, 2011

Appellants‟ statistical references do not establish that fast-track programs are administered unlawfully. … The District Court‟s finding that Esparza-Diaz was not in “official detention” during this time period was not clearly erroneous.

Joseph v. Allegheny County Airport Authority

152 F. App'x 121 · Court of Appeals for the Third Circuit · Oct 13, 2005

Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 4 1988), they are entitled to qualified immunity. … Qualified immunity “provides ample protection to all but the plainly incompetent or those who knowingly violate the law.” Malley v. Briggs, 475 U.S. 335, 341 (1986).