Case law

Petruska v. Gannon University

448 F.3d 615 · Court of Appeals for the Third Circuit · May 24, 2006

See Geary, 7 F.3d at 327 . 39 Although McClure, 460 F.2d at 560-61 , held that Title VII could be fairly construed not to apply to ministerial employees, the Fourth Circuit has held that Congress clearly expressed an intent … immunity, which is often raised in a 12(b)(6) motion.

Bierley v. Grolumond

Court of Appeals for the Third Circuit · Feb 14, 2006

The defendants responded to Bierley’s complaint by arguing, inter alia, that his claims were without merit and that they were entitled to either qualified or absolute immunity. … It is a well-established principle that judges are absolutely immune from suits for damages under 42 U.S.C. § 1983 when they act in a judicial capacity. See Stump v.

United States v. 47 Bottles, More or Less, Jenasol RJ Formula '60'

320 F.2d 564 · Court of Appeals for the Third Circuit · Jul 16, 1963

To meet this burden, the-testimony of nine expert and highly qualified witnesses was presented. … The various symbols are indicated as follows: “MDR —Minimum Daily Requirement”; “f f Need established. MDR not established.”; “* Need in human nutrition not established.” .

Zhenlin Zou v. Attorney General of the United States

199 F. App'x 154 · Court of Appeals for the Third Circuit · Sep 27, 2006

In order to qualify for the discretionary relief of asylum, an asylum applicant bears the burden of establishing that he or she is a “refugee,” as that term is defined in section 101(a)(42) of the INA, 8 U.S.C. § 1101 (a) … To qualify for withholding of removal pursuant to the CAT, an applicant must “establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 208.16 (c

Federated Metals Corp. v. United Steelworkers of America

648 F.2d 856 · Court of Appeals for the Third Circuit · Apr 28, 1981

Federated Metals concedes that Nolde established a presumption of postcontract arbitrability. … As a result, the Union contends that the pension claimants *862 have a sufficient number of years of continuous service to qualify for the benefits.

United States v. Somers

496 F.2d 723 · Court of Appeals for the Third Circuit · Mar 27, 1974

Indeed, the Supreme Court has indicated that it will not intervene in such matters unless the District Court’s ruling is clearly erroneous. See Schaffer v. … Inasmuch as Commissioner Ponzio’s guilt was clearly established by competent evidence, we are confident that the ambiguous remark, cured as it was by the Court’s instructions, did not prejudice the defendant. Cf.

Andrew M. v. Delaware County Office Of Mental Health And Mental Retardation

490 F.3d 337 · Court of Appeals for the Third Circuit · Jun 15, 2007

Clearly this list of examples is not exclusive, hence the "e.g." … As we have established, children denied services under Part B of the IDEA are "otherwise qualified" to participate in school and are denied that education because of their disabilities.

United States v. State of West Virginia, & Third Party v. Secretary, Department of Health and Human Services, as Administrator of the Health Care Financing Administration Health Care Financing Administration, Third Party

339 F.3d 212 · Court of Appeals for the Third Circuit · Aug 7, 2003

That usage establishes that an indirect tax is one imposed on goods. Examples abound since our Founding. … The cases the Court cited to establish the latter proposition involved taxes levied on goods, such as in United States v.

Neal Miller v. Joseph Wolk

Court of Appeals for the Third Circuit · Jun 3, 2026

established constitutional rights. … immunity because the right at question had not been clearly established). 26 See id. 7 decide whether to pursue a suspect dangerously.”27 Accordingly, the timeline relevant

United States v. Curtis Evans

155 F.3d 245 · Court of Appeals for the Third Circuit · Sep 3, 1998

The government submits that Evans’ material misstatements on his financial affidavit, which qualified him for appointment of counsel, are directly related to his filing of fraudulent insurance claims because they represent … Gravatt, 868 F.2d 585, 588 (3d Cir.1989) (defendant has burden of establishing financial eligibility for appointed counsel).

Carlos Silva-Rengifo v. Attorney General of the United States United States Department of Homeland Security

473 F.3d 58 · Court of Appeals for the Third Circuit · Jan 9, 2007

Therefore, we find he has made a prima facie case of a well-founded fear of persecution to qualify for asylum. … That condition is clearly satisfied if an alien can establish sufficient collusion between groups in the country, or factions within the government itself, whose actions are tolerated, if not condoned, by those in government

Sisselman v. Smith

432 F.2d 750 · Court of Appeals for the Third Circuit · Sep 22, 1970

The General Bridge Authority Act was clearly intended to end piecemeal Congressional supervision of bridge construction by delegation of Congressional authority to an expert administrative agency. … Because of our views concerning the merits of the controversy, we do not consider the defense of sovereign immunity advanced by the Coast Guard. The judgment of the district court will be affirmed.

In Re: Whittaker Clark & Daniels v.

Court of Appeals for the Third Circuit · Sep 10, 2025

Thyssen-Bornemisza Collection Found., 596 U.S. 107, 116 (2022) (concluding that, when an exception to foreign sovereign immunity applies under the Foreign Sovereign Immunities Act, federal courts must apply Klaxon because … This is true, but it does not establish more than we already know—Klaxon should ordinarily apply in bankruptcy.

Diaz v. Commissioner of Social Security

410 F. App'x 430 · Court of Appeals for the Third Circuit · Nov 12, 2010

Barnhart, 382 F.3d 721, 725 (7th Cir. 2004) (strong language in merits opinion is relevant to establishing lack of substantial justification). … The clearly established case law of Burnett and Plummer required the ALJ to develop the record sufficient to permit meaningful appellate review.

Caterpillar, Inc. v. International Union

107 F.3d 1052 · Court of Appeals for the Third Circuit · Mar 4, 1997

Clearly, the statute contemplates payments to former employees for past services actually rendered by those former employees while they were employees of the company. … so incommensurate with that former employment as not to qualify as payments "in compensation for or by reason of" that employment.... 72 Id. at 1305.

Gail Esther Frank, a Minor by Her Parents and Guardian, Shirley J. Frank v. Volkswagenwerk, A. G. Of West Germany v. Rosaria Ann Muckin and Donald P. Miller, Third-Party

522 F.2d 321 · Court of Appeals for the Third Circuit · Aug 8, 1975

Had the court said only this much, Blanchard would clearly support defendant's position. … We do not see what policy is furthered by making the immunity of an alleged tortfeasor who was not a party to any prior proceedings depend on the fortuitous fact that a release had been signed.

United States v. Echeverri, Elkin A.

854 F.2d 638 · Court of Appeals for the Third Circuit · Aug 11, 1988

In 1977, he established a substantial drug distribution business having its headquarters in Elizabeth, New Jersey, at the North Cross Towers apartments. … At trial, the government relied heavily on testimony elicited from four unindicted co-conspirators who had received immunity or other benefits.

Zubeda v. Atty Gen USA

Court of Appeals for the Third Circuit · Jun 23, 2003

Therefore, the Attorney General must withhold deportation if the alien qualifies for relief under INA § 243(h). … However, the Immigration Judge held that Zubeda did qualify for relief under the Convention Against Torture.

Hibberd v. Bailey

129 F. 575 · Court of Appeals for the Third Circuit · Feb 22, 1904

Hubbard, deceased, and was duly qualified to act, and thereupon made demand upon the said George D. … In such case, of course, there is the necessity of another adjudication than that establishing the liability of the administrator to the estate of the decedent.

Harvard Secured Creditors Liquidation Trust v. Internal Revenue Service

568 F.3d 444 · Court of Appeals for the Third Circuit · Jun 17, 2009

This clearly suggests an ambiguity in the language of the statute. … ERISA sets minimum standards for most voluntarily established pension and health plans in private industry.