Case law

William G. Cale, Jr. v. Thomas M. Volatile, Commanding Officer Afees and Secretary of Defense

465 F.2d 1110 · Court of Appeals for the Third Circuit · Sep 7, 1972

We conclude, therefore, that a registrant must still establish a prima, facie case of entitlement before a statement of reasons for denial is required. III. … If he was to qualify, it had to be as a teacher or a researcher, and not as a student qua student.

RD Legal Fin., LLC v. White (In Re Nat'l Football League Players' Concussion Injury Litig. RD Legal Funding, LLC)

923 F.3d 96 · Court of Appeals for the Third Circuit · Apr 26, 2019

Prides Litig., 233 F.3d 188, 193 (3d Cir. 2000) (“[B]asic contract principles . . . apply to settlement agreements [and] . . . contract interpretation is a question of fact, [thus] . . . review is according to the clearly … The Court also retains continuing jurisdiction over any “qualified settlement funds,” that are established under the Settlement Agreement . . . . 23 RD App. 285.

Kiburz v. England

361 F. App'x 326 · Court of Appeals for the Third Circuit · Jan 19, 2010

The negative consequences of not having Kiburz perform the tasks that could only be completed in the office, see 29 C.F.R. § 1630.2 (n)(3)(iv), are also clearly established by the record. … All of these facts establish that Kiburz’s presence in the office was necessary to perform essential functions of his job.

United States Steel Corp. v. Environmental Protection Agency

633 F.2d 671 · Court of Appeals for the Third Circuit · Oct 27, 1980

Clearly, if a revision does not interfere with attainment, the plan will still be capable of achieving and maintaining the NAAQS. … All that this Court need now decide is whether EPA qualified its approval of Pennsylvania’s regulations.

Lovell Manufacturing v. Export-import Bank

777 F.2d 894 · Court of Appeals for the Third Circuit · Dec 5, 1985

This guarantee is for all unpaid invoices in the event that such subsidiary fails to pay within the established terms of sale. … However, the agreement then clearly delineates the division of responsibility with regard to the insurance policies issued.

Vincent Wilkerson v. Superintendent Fayette SCI

871 F.3d 221 · Court of Appeals for the Third Circuit · Sep 8, 2017

Because Wilkerson has not demonstrated that the state court’s rejection of his double jeopardy claim was “contrary to, or involved an unreasonable application of, clearly established Federal law,” 28 U.S.C § 2254(d)(1), he … established federal law.

Archie Peterson v. The Lehigh Valley District Council

676 F.2d 81 · Court of Appeals for the Third Circuit · May 5, 1982

a prima facie showing of discrimination, because neither demonstrated that he qualified for admission to the apprenticeship program or the carpenter's union. … That being the case, the district court, in my opinion, was clearly correct in entering summary judgment in favor of GCA.

Sarauw v. Oceanic Navigation Corp.

622 F.2d 1168 · Court of Appeals for the Third Circuit · May 20, 1980

Sarauw’s appeal, though, is, as Oceanic concedes, clearly meritorious on the basis of Edmonds v. … The standard for vessel liability given in the jury instructions in this case was a more qualified one than that enunciated in Griffith of “ ‘reasonable care under the circumstances.’ ” 610 F.2d at 125 . 2.

Ludwig Honold Mfg. Co. v. Harold A. Fletcher and United Automobile Workers, Local 416

405 F.2d 1123 · Court of Appeals for the Third Circuit · Jan 14, 1969

Under well-established canons of interpretation and construction, effect must be given to all parts of the instrument. … When the company awarded the position to McGill, despite its admission that he, too, was ineligible, it indicated quite clearly that reasonable flexibility was intended.

William Poku v. William Himelman

448 F. App'x 217 · Court of Appeals for the Third Circuit · Sep 7, 2011

Poku next argues that the District Court erred in according immunity to the judicial defendants.1 As the District Court recognized, “[a] judicial officer in the performance of his duties has absolute immunity from suit … R. 4:74-3; the fact that Poku claims that Judge Kreizman misapplied the law in resolving the appeal does not show that he clearly lacked jurisdiction. See Gallas, 211 F.3d at 769-71.

Hauman v. Secretary Pennsylvania Department of Corrections

421 F. App'x 235 · Court of Appeals for the Third Circuit · Apr 4, 2011

The Magistrate Judge also determined that the defendants were entitled to summary judgment on the basis of qualified immunity. … .4 As Hauman argues in his brief, it is the defendants’ burden to establish their entitlement to qualified immunity.

United States v. Accetturo

783 F.2d 382 · Court of Appeals for the Third Circuit · Feb 14, 1986

But that interest must be qualified by the recognition that juveniles, unlike adults, are always in some form of custody.” Id. at 2410 [citations omitted]. … Smith, 615 F.2d 964 (3d Cir.1980) (court’s inherent power to protect defendant’s compulsory process rights by conferring immunity on an essential witness); United States v.

Sporck v. Peil

759 F.2d 312 · Court of Appeals for the Third Circuit · Apr 18, 1985

Respondent argues, however, that the trial court correctly ordered the identification of the documents used to prepare petitioner for his deposition, either under a theory of waiver of work product immunity, or through a … Review of discovery orders clearly falls within the appellate jurisdiction of the federal courts. See, e.g., Hickman v.

DiCarlo v. St. Mary Hospital

530 F.3d 255 · Court of Appeals for the Third Circuit · Jun 24, 2008

Judgment will only be granted where the moving party clearly establishes there are no material issues of fact, and that he or she is entitled to judgment as a matter of law. Id. IV. … Relying on such a comparison, however, would directly contravene established New York law.

Burlington Northern & Santa Fe Railway Company v. Poole Chemical Company, Inc., Defendant-Third Party v. Skinner Tank Company, Third Party Skinner Tank Company, Third Party

419 F.3d 355 · Court of Appeals for the Third Circuit · Jul 28, 2005

Likes, 962 S.W.2d 489, 502 (Tex.1997). 11 Likes, 962 S.W.2d at 502 (discussing a new immunity provision of the Texas Tort Claims Act that prevented the plaintiff from recovering from a municipal defendant even though the … —Austin 1999) (deciding that 11 months is a reasonable amount of time to file a request for a refund where a new law established a statute of limitations); but see Alvarado v.

Tracy Leigh Development Corporation v. Government of the Virgin Islands

501 F.2d 439 · Court of Appeals for the Third Circuit · Jun 25, 1974

that an oversight in draftsmanship has clearly occurred. 15 None of these situations obtains here. … 33 There can be no doubt but that 'tracy Leigh was fully qualified under the statute and grant as an owner, and as a corporation engaged in the business of owning condominiums which it then sold.

United States v. Antoinette Adair

38 F.4th 341 · Court of Appeals for the Third Circuit · Jun 30, 2022

Rather, a defendant who meets the definition of an ‘organizer’ or ‘leader’ qualifies for the four-point enhancement. D. … Applying the post-Kisor, post-Nasir understanding of § 3B1.1(a) to the District Court’s factual findings, which are not clearly erroneous, reveals that Adair qualified for the organizer-leader enhancement.

Donald Orvosh, in 99-3589 v. The Program of Group Insurance for Salaried Employees of Volkswagen of America, Inc. The Volkswagen of America, Inc. Employee Benefit Plan Committee, Individually and as Plan Administrator of the Program of Group Insurance for Salaried Employees of Volkswagen of America, Inc. Volkswagen of America, Inc., in 99-3573

222 F.3d 123 · Court of Appeals for the Third Circuit · Jul 28, 2000

He asserts that, under the plain language of the Plan, once long term disability benefits are established, they cannot be terminated unless an impartial doctor examines the patient/employee and determines that the individual … Krause did qualify his conclusions by stating that Orvosh's chest discomfort and dyspnea were more likely related to pulmonary disease and his thoracotomy rather than his coronary heart disease, and Krause recommended that

Fairview Township v. United States Environmental Protection Agency

773 F.2d 517 · Court of Appeals for the Third Circuit · Sep 23, 1985

Sec. 1491 . 21 By the Tucker Act, the United States waives its immunity from non-tort money claims against the sovereign, United States v. … In its May 12, 1982, regulations, EPA established new standards concerning user charges including a requirement that sewer authorities enact a "sewer use ordinance" to permit the selection "of the most cost-effective alternative

Stephen Aguiar v. M. Recktenwald

649 F. App'x 293 · Court of Appeals for the Third Circuit · May 23, 2016

In a July 28, 2015 Report and Recommendation, the Magistrate Judge recommended that the Court grant the Corrections Defendants’ motion for summary judgment, finding that they were entitled to qualified immunity because … We may summarily affirm any decision of the District Court where “it clearly appears that no substantial question is presented or that subsequent precedent or a change in circumstances warrants such action.” 3d Cir.