Case law

Angela Zimmerlink v. Vincent Zapotosky

539 F. App'x 45 · Court of Appeals for the Third Circuit · Sep 13, 2013

they were shielded by qualified immunity. … Nevertheless, their briefing and Zimmerlink’s response clearly revolved around the ability of one elected official to bring a First Amendment retaliation claim against other elected officials.

National Labor Relations Board v. W. C. McQuaide, Inc.

617 F.2d 349 · Court of Appeals for the Third Circuit · Mar 25, 1980

The underlying facts of the case were clearly set forth in the original opinion, 552 F.2d at 523-525: “W. C. McQuaide, Inc. … This basis is clearly set out in the prior opinion.

Daniel Heffley v. Kimberly Steele

Court of Appeals for the Third Circuit · Sep 17, 2020

of judicial immunity. … To establish a violation of Title II of the ADA, a plaintiff must demonstrate that: (1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public

United States v. Lawrence

Court of Appeals for the Third Circuit · Nov 18, 2003

Clearly, if the police had shown each photograph separately, an issue would arise about the defendant’s place in the array. … Yet, in enacting this scheme, Congress clearly did not want to penalize or burden legitimate collectors of firearms or restrict their access to valuable antiques.

Michael Weinik v. Temple University of the Commo

Court of Appeals for the Third Circuit · Dec 13, 2021

While an order denying qualified or absolute immunity is immediately reviewable under the collateral order doctrine “to the extent that the order turns on an issue of law,” Giuffre v. … Dua contends that requiring her to endure discovery to establish subjective intent cannot be the holding of Schanne.

Francis C. O'Neill and Aetna Casualty & Surety Co. v. United States v. Ambrose-Augusterfer Corporation, Third-Party Francis C. O'Neill

411 F.2d 139 · Court of Appeals for the Third Circuit · May 12, 1969

This testimony fails to establish that a request was made to a responsible post office official. … on the owner. 5 The Pennsylvania decisions based on the Act and its predecessor Factory Act of May 2, 1905, P.L. 352, since repealed, clearly establish the rule that one who violates the statutory standards is liable in

Monaco v. American General Assurance Company

359 F.3d 296 · Court of Appeals for the Third Circuit · Feb 23, 2004

he was so qualified as he had held such a position prior to being promoted to vice president of the Eastern Region in 1988. … Clearly, AGAC could not disclaim its legal duty to comply with the NJLAD.

United States v. William T. Smith, Jr. Appeal of United States of America

793 F.2d 85 · Court of Appeals for the Third Circuit · Jun 13, 1986

Clearly, an issue that is “patently without merit” cannot qualify as significant. An issue which has been unanimously decided by the other circuits may or may not be significant. … Precedent clearly establishes that twelve jurors are not required for a conviction. See Williams v. Florida, 399 U.S. 78 , 90 S.Ct. 1893 , 26 L.Ed.2d 446 (1970).

Carney v. Pennsauken Township Police Department

598 F. App'x 80 · Court of Appeals for the Third Circuit · Jan 23, 2015

P. 56(a). 4 Because we conclude that Carney’s claims were properly disposed of on the merits, we need not address the parties’ arguments on qualified immunity. … And the record clearly demonstrates the lack of any genuine factual dispute that Officer Nurthen’s belief was reasonable.

Corder v. Howard Johnson & Company

53 F.3d 225 · Court of Appeals for the Third Circuit · Jan 31, 1995

At trial, the plaintiff failed to prove that an ERISA plan had been established. … Neither case even discusses the issue of who must bring suit to qualify for attorney's fees under Sec. 1132(g)(1). Howard Johnson & Co.'

Guidotti v. Legal Helpers Debt Resolution, L.L.C.

716 F.3d 764 · Court of Appeals for the Third Circuit · May 28, 2013

(“Eclipse”), a debt negotiation company, would evaluate her finances to determine whether she “qualified” for the program, and that, if she did, a payment program would be prepared for her. (Id.) … In the event of a dispute or claim relating in any way to this Agreement or our services, you agree that such dispute shall be resolved by binding arbitration in Tulsa Oklahoma utilizing a qualified

Warren Lechtner v. James Brownyard, D/B/A W. H. Y. P. Country Radio

679 F.2d 322 · Court of Appeals for the Third Circuit · Jun 2, 1982

Without government control, the medium would be of little use because of the cacaphony of competing voices, none of which could be clearly and predictably heard. … Consequently, the Federal Radio Commission was established to allocate frequencies among competing applicants in a manner responsive to the public “convenience, interest, or necessity.”

Nelson Quinteros v. Attorney General United States

945 F.3d 772 · Court of Appeals for the Third Circuit · Dec 17, 2019

In doing so, the Board reversed the IJ’s finding on the likelihood of torture as clearly erroneous, questioning whether Quinteros would even be recognized as a current or former gang member. … Because Quinteros’s statute of conviction is “an alternatively phrased statute,” we must first “determine whether its listed items are elements or means.” 35 If the alternatives are elements, some of which would qualify

Raddy Toribio v. Bernard Spece

558 F. App'x 227 · Court of Appeals for the Third Circuit · Feb 21, 2014

immunity. … Conclusion The order of the District Court will be affirmed. 2 2 Given this disposition, we need not reach the issue of whether defendants were entitled to qualified immunity.

Simmons v. Beard

581 F.3d 158 · Court of Appeals for the Third Circuit · Sep 11, 2009

At trial, the prosecution established a timeline of Simmons’s activities on the day of the murder. … Assuming arguendo that we review this claim under § 2254(d), see Part III.B, supra, we must defer to that conclusion unless it was “contrary to, or involved an unreasonable application of, clearly established Federal law,

McMahon v. McDowell

794 F.2d 100 · Court of Appeals for the Third Circuit · Jun 24, 1986

The plaintiffs admit that the Section 303 waiver insulated Mesta from the penalty tax and from the loss of the qualified status of the plans. … On the contrary, it clearly indicates that once such a waiver is obtained, the employers’ obligation to pay is deferred.

Armbruster v. Unisys Corp.

32 F.3d 768 · Court of Appeals for the Third Circuit · Aug 1, 1994

despite being qualified; and (4) he was replaced by a person sufficiently younger to permit an inference of age discrimination. … To establish a prima facie case under the McDonnell-Douglas/ Burdine pretext framework in a RIF case, the plaintiff must show he was in the protected class, he was qualified, he was laid off and other unprotected workers

United States v. Pierre Guevremont

829 F.2d 423 · Court of Appeals for the Third Circuit · Oct 30, 1987

It is further ORDERED that the clerk deliver three certified copies of this order to the United States Marshal or other qualifying officer. It is from this judgment that Guevremont appeals. … We therefore need not guess what the district judge’s intent was, and judicial vindictiveness is clearly not present. The closest analogy to Guevremont’s case is not Stupak but United States v.

Bobb v. Atty Gen USA

Court of Appeals for the Third Circuit · Aug 3, 2006

conclude that both must be fulfilled in order for the offense to qualify as an aggravated felony.”). … I therefore cannot accept that it “makes no sense” for Congress to have established a new test for all forgery-related crimes.

Angel Ortiz v. City Of Philadelphia Office Of The City Commissioners Voter Registration Division

28 F.3d 306 · Court of Appeals for the Third Circuit · Jul 12, 1994

The official registration application card of an elector who has registered may qualify as a reinstatement of his registration or a removal notice. … Clearly, that statement contains a mistake.