Case law

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.

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

Jeremy H. v. Mount Lebanon School District

95 F.3d 272 · Court of Appeals for the Third Circuit · Sep 12, 1996

Section 1983 41 Section 1983 provides a civil remedy for acts taken under color of law that deprive "any citizen of the United States or person within the jurisdiction thereof" of "rights, privileges, or immunities secured … educational agencies establish procedures for receiving and resolving complaints relating to IDEA implementation.

Jesse Simpson v. P. Horning

Court of Appeals for the Third Circuit · Dec 9, 2021

. § 1291 and the collateral order doctrine, which allows us to review an interlocutory order where, as here, the defendants have been denied a qualified immunity defense and challenge “whether a damages remedy under Bivens … immunity.

In Re Grand Jury Investigation. Appeal of Alexander Hartzell, a Witness

542 F.2d 166 · Court of Appeals for the Third Circuit · Aug 2, 1976

. § 6001-05 granting Hartzell use immunity. … On that date he was advised of the grant of immunity and of his right to consult with counsel.

Gary Berne v. Continental Insurance Co.

753 F.2d 27 · Court of Appeals for the Third Circuit · Jan 22, 1985

Thus the trial court's finding that the discharge of the pistol did not arise out of operations necessary or incidental to the business of Berne's Ice Company, Inc. is not clearly erroneous. Fed.R.Civ.P. 52(a). … Since the court's findings of fact establish that the Continental policy does not apply, the declaratory judgment in favor of Continental will be affirmed.

Irwin Robert Miller, Defendant-Third-Party-Plaintiff-Appellant v. Douglas Christopher, Defendant-Third-Party-Defendant-Appellee

887 F.2d 902 · Court of Appeals for the Third Circuit · Nov 7, 1989

The employer was immune to common law suit by virture of the Longshoremen’s and Harbor Workers’ Compensation Act. The injured longshoreman sued the shipowner. … under state law, do not clearly point to one result concerning the wisdom of a settlement bar.

John R. WALLACE v. Otis R. BOWEN, Secretary of Health and Human Services. Appeal of John R. WALLACE

869 F.2d 187 · Court of Appeals for the Third Circuit · Feb 28, 1989

examining physician reports adverse to claimant supplied before the hearing could be used as “substantial evidence” even though the reports were hearsay and the physicians were not present at the hearing, the Court carefully qualified … Waiver of the right to subpoena and cross-examine witnesses concerning post-hearing evidence must be “clearly expressed or strongly implied from the circumstances.” Lonzollo, 534 F.2d at 714 .

Phelps v. Hamilton

122 F.3d 885 · Court of Appeals for the Third Circuit · Sep 16, 1997

The district court dismissed the underlying § 1983 action on Younger abstention and Eleventh Amendment immunity grounds. … Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), because the plaintiffs failed to establish that this case fell within the bad faith and harassment exception to that abstention doctrine.

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.

Lewis F. Huck, Derivatively on Behalf of Sea Air Shuttle Corporation v. Eric Dawson Rosalie Simmonds Ballentine Rhudel George Leo Francis Robert O'connor, Jr. William Quetel George Goodwin Luis Sotomayor Earl Roebuck Members of the Board of Directors Gordon A. Finch, Executive Director Lt. Gov. Derek M. Hodge Alexander A. Farrelly, Governor Governor of the Virgin Islands. Lewis F. Huck, Derivatively on Behalf of Sea Air Shuttle Corporation v. Virgin Islands Port Authority Sea Air Shuttle Corporation, Lewis F. Huck, Derivatively on Behalf of Sea Air Shuttle Corporation

106 F.3d 45 · Court of Appeals for the Third Circuit · Feb 6, 1997

The district court dismissed the antitrust claims on federal and state action immunity grounds, and the Commerce Clause and FAA claims because they were included in Sea Air's third amended complaint, filed just two weeks … He further insists that res judicata cannot be applied where "it is based on a prior decision which is clearly erroneous."

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.

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

847 F.2d 1052 · Court of Appeals for the Third Circuit · May 9, 1988

The district court concluded that "[t]he Magistrate's decision has not been shown to be clearly erroneous or contrary to law." ETC, 659 F.Supp. at 1401 . 42 We disagree. … D. 53 Finally, defendant DIC, one of Kirkpatrick's corporate parents, contends that it is entirely immune from liability.

Toy Tong v. United States

146 F. 343 · Court of Appeals for the Third Circuit · Jun 18, 1906

clearly to the satisfaction of said judge, that, by reason of accident, sickness or other unavoidable cause, he has been unable to procure his certificate, and to the satisfaction of the court, by at least one credible white … administration of the Chinese exclusion laws at ports of entry; the immunity from arrest of the Chinese persons admitted thereon resting upon their exclusive occupation in the pursuits for which their certificates, or other

Lomack v. City of Newark

463 F.3d 303 · Court of Appeals for the Third Circuit · Sep 18, 2006

With respect to the Newark Fire Department, the Decree called for an interim goal of at least 60% of all vacancies to be filled with qualified minority candidates. … While Grutter established that educational benefits are compelling in a law school context, we do not find its holding applicable in the firefighting context.

United States of America Ex Rel. Robert J. Merena v. Smithkline Beecham Corporation United States of America, United States of America Ex Rel. Kevin J. Spear the Berkeley Community Law Center Jack Dowden v. Smithkline Beecham Clinical Laboratories, Inc. United States of America, United States of America Ex Rel. Glenn Grossenbacher Charles W. Robinson, Jr. v. Smithkline Beecham Clinical Laboratories, Inc. United States of America

205 F.3d 97 · Court of Appeals for the Third Circuit · Apr 21, 2000

Furthermore, the Court stated that "[t]here [was] absolutely no evidence on the record . . . to establish any allocation." Id . at 41. … Op. at 41 ("[T]here is absolutely no evidence on the record before me . . . to establish any allocation among various claims.").

Joso Milutin v. E. P. Bouchard, District Director for the New Jersey District, Immigration and Naturalization Service

299 F.2d 50 · Court of Appeals for the Third Circuit · Jan 23, 1962

Furthermore, in § 244, as noted by the Supreme Court at 351 U.S. 353 , 76 S.Ct. 924 , 100 L.Ed. 1242 , “ * * * Congress did not provide statutory standards for determining who, among qualified applicants for suspension, should … Here, Congress clearly provided such a standard, and if the Attorney General has misapplied it, his action is subject to review. Blazina v. Bouchard, supra; Dunat v. Hurney, supra.

In Re Schaefer Salt Recovery, Inc.

542 F.3d 90 · Court of Appeals for the Third Circuit · Sep 9, 2008

The salaries of bankruptcy judges are not “immune from diminution by Congress.” N. Pipeline Constr. Co. v. Marathon Pipe Line Co., 458 U.S. 50, 61 , 102 S.Ct. 2858 , 73 L.Ed.2d 598 (1982). … Congress subsequently passed BAFJA, thereby establishing the jurisdictional scheme in effect today.

Syblis v. Attorney General of the United States

763 F.3d 348 · Court of Appeals for the Third Circuit · Aug 18, 2014

That is clearly not the case here. … 147 (because the record was silent as to whether the noncitizen sold or exchanged marijuana, court could not definitively conclude that his conviction for criminal sale of marijuana constituted drug trafficking crime that qualified