Case law

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.

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.

Lee v. Atty Gen USA

Court of Appeals for the Third Circuit · May 19, 2004

involve clearly and unambiguously covers a “fraud and deceit,” as required by section 7206(1) conviction. … That decision makes it unnecessary to consider the petitioners’ argument that the record does not establish a loss of $10,000. III.

Bethany LaSpina v. SEIU Pennsylvania State

985 F.3d 278 · Court of Appeals for the Third Circuit · Jan 15, 2021

LaSpina’s questions (and a comment that can be rephrased as a question) were these: • “Is it necessary to be part of the union to qualify for the pension?” … That in itself is not fatal to her establishing standing.

Raiczyk v. Ocean County Veterinary Hospital

377 F.3d 266 · Court of Appeals for the Third Circuit · Jul 30, 2004

As the closing letter in a hurry did not qualify discussed more fully below, because the for application of the doctrine of unilateral language of the closing statement is so mistake and did not warrant reformation … Raiczyk cites a number of satisfy his legal burden of establishing why contract bidding cases where rescission or the contract should be reformed.

United States of America, at Nos. 89-5372/5383, at No. 89-5510 v. Gaetano Vastola, at No. 89-5372, at No. 89-5510 v. Elias Saka, at No. 89-5383

899 F.2d 211 · Court of Appeals for the Third Circuit · Mar 20, 1990

That is enough to establish Vastola’s guilt on Count 3. … That assertion clearly is correct. See United States v.

Linmark Associates, Inc., and William Mellman v. The Township of Willingboro and Gerald Daly

535 F.2d 786 · Court of Appeals for the Third Circuit · Apr 28, 1976

Sellers are free to sell to any economically qualified buyer. Economically qualified buyers of any racial group are free to buy any home in any section of Willingboro. … That principle is established, but inapplicable here.

Misternovo Bamaca-Cifuentes v. Attorney General United States

870 F.3d 108 · Court of Appeals for the Third Circuit · Aug 29, 2017

In order to qualify for these benefits, a Guatemalan must have (1) been physically present in the U.S. before September 19, 1990 and (2) sent in an ABC registration form by December 31, 1999. See U.S. … Though this is plainly wrong, it does not change the fact that the 90 days had elapsed well before Petitioners filed their motion to reopen. 7 necessarily implies this finding. 18 The Board clearly

Environmental Tectonics v. W.S. Kirkpatrick, Inc.

847 F.2d 1052 · Court of Appeals for the Third Circuit · May 2, 1988

Though the allegation is not a detailed one, it clearly charges that illegal payments were passed from a seller to a buyer — a violation of 2(c). … Finally, defendant DIC, one of Kirkpatrick’s corporate parents, contends that it is entirely immune from liability.

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.

Pichler v. UNITE

542 F.3d 380 · Court of Appeals for the Third Circuit · Sep 9, 2008

Similarly, here, we hold that Congress differentiated between a knowing acquisition, disclosure, or use to establish civil liability, and any knowing violation to establish liability for a criminal fine. … Only a “person entitled to recovery” of actual damages can qualify for a statutory damage award.

In Re Grand Jury Proceedings. Appeal of Jacqueline Schofield

507 F.2d 963 · Court of Appeals for the Third Circuit · Jan 16, 1975

The district judge knew that the grand jury was investigating perjury and that the witness had been granted immunity from prosecution for forgery during her seven hours of grand jury testimony. … She did so under a grant of immunity. A third subpoena was issued in July, 1974, again seeking handwriting or handprinting exemplars, photographs, and fingerprints.

Claudio Tundo v. County of Passaic

923 F.3d 283 · Court of Appeals for the Third Circuit · May 2, 2019

Any understanding must be mutual: the government and 7 the employee must both clearly expect that the employee has some entitlement to the benefit. Id. … True, these catchall provisions demand that the reasons be “sufficient” or “valid,” and those qualifiers may suggest that the Commission’s discretion is not absolute.

Juarez-Gonzalez v. Attorney General United States

388 F. App'x 92 · Court of Appeals for the Third Circuit · Aug 2, 2010

Our review of legal determinations is de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (citing Chevron v. Nat. Res. Def. … States ... with respect to immigrant aliens who are inadmissible under [ 8 U.S.C. § 1182 (a)(2) ] in cases involving violent or dangerous crimes, except in extraordinary circumstances, such as ... cases in which an alien clearly

J. B. v. James Fassnacht

801 F.3d 336 · Court of Appeals for the Third Circuit · Sep 15, 2015

The Sixth Circuit granted qualified immunity, holding that the right of juvenile detainees to be free from strip searches was not clearly established at the time. … According to the Sixth Circuit, “[i]f this case involved adult detainees, Florence clearly holds that there would be no constitutional violation.

United States v. Raymond Napolitan

762 F.3d 297 · Court of Appeals for the Third Circuit · Aug 6, 2014

And the party seeking the exception, here the defendant, bears the burden of showing that he qualifies for its invocation. We have not previously described the shifting burdens under § 2D1.1(b)(1) in this manner. … According to the Government, the falsity of Napolitan’s testimony was established through the testimony of the Government’s witnesses, including Rodemoyer, and was necessarily implicit in the jury’s verdict finding Napolitan

United States v. Merrill H. Klein A/K/A "Morrie" Appeal of Carl Luick

515 F.2d 751 · Court of Appeals for the Third Circuit · Apr 30, 1975

Furthermore to establish the intent, the evidence of knowledge must be clear, not equivocal. . … The trial court instructed the jury “there is no testimony from Karsnak which establishes participation of Luick in that scheme. . . N.T. at 6121. 18 .

Salvatore Caroleo v. Alberto R. Gonzales, Attorney General of the United States

476 F.3d 158 · Court of Appeals for the Third Circuit · Feb 7, 2007

It is in this context— i.e., determining whether an alien's underlying conviction qualifies as moral turpitude thereby establishing removability — that some cases have held that crimes like those for which Caroleo was convicted … of the inquiry has been expressed in a variety of ways, but the term "ground" has not been clearly defined by the courts.

Jenkins v. Red Clay Consolidated School District Board of Education

4 F.3d 1103 · Court of Appeals for the Third Circuit · Aug 19, 1993

This finding was supported by the plaintiffs’ evidence, and was not clearly erroneous. Since approximately 100% of the black voters of Red Clay supported Mitchell, he was clearly their candidate of choice. … Both Justices Brennan and O’Connor stated clearly that the minority’s electoral success must be consistent and sustained.

William L. Bracey, Jr. v. John Grenoble

494 F.2d 566 · Court of Appeals for the Third Circuit · Mar 18, 1974

Clearly in a Civil Rights Act case brought under 42 U.S.C. § 1983 , venue did not properly lie in the Eastern District of Pennsylvania. … In an attempt to establish Grenoble’s presence during the beating plaintiff testified that when he came out of B-Block he saw the defendant directly behind twenty guards.