Case law

Glenpool Utility Services Authority, a Utility Trust v. Creek County Rural Water District No. 2, Defendant-Third-Party-Plaintiff- and Jody Sweetin, an Individual, Defendant-Intervenor v. Farmers Home Administration, United States Department of Agriculture, United States of America, Third-Party-Defendants. Glenpool Utility Services Authority, a Utility Trust v. Creek County Rural Water District No. 2, Defendant-Third-Party-Plaintiff- and Jody Sweetin, an Individual, Defendant-Intervenor v. Farmers Home Administration, United States Department of Agriculture, United States of America, Third-Party-Defendants-Appellants

861 F.2d 1211 · Court of Appeals for the Third Circuit · Nov 21, 1988

"The discretion belongs to Congress, unless the choice is clearly wrong, a display of arbitrary power, not an exercise of judgment." Id. … The Oklahoma Constitution provides in article 5, section 51 that 26 [t]he Legislature shall pass no law granting to any association, corporation, or individual any exclusive rights, privileges, or immunities with this State

Bell Atl PA v. PA Pub Util Comm

Court of Appeals for the Third Circuit · Nov 7, 2001

See, e.g., Puerto Rico Aqueduct, 506 U.S. at 144 (state sovereign immunity immediately appealable); Mitchell, 472 U.S. at 526 (qualified executive immunity immediately appealable); Larsen v. … Unlike qualified immunity or Eleventh Amendment sovereign immunity, claim preclusion is not based on a right to be free from all 11 the costs and burdens of having to be a party to a case

United States v. 47 Bottles, More or Less

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"; "‡ † Need established. MDR not established.

Boy Scouts of America and Delaware BSA LLC v.

137 F.4th 126 · Court of Appeals for the Third Circuit · May 13, 2025

Therefore, where an appellant can demonstrate that a bankruptcy court erroneously concluded that the record facts are sufficient to establish good faith, or those factual findings are clearly erroneous, § 363(m) poses no … But does that movement qualify as “disposing of or parting with” the property?

Amato v. Pennsylvania Office of Attorney General

183 F. App'x 260 · Court of Appeals for the Third Circuit · Jun 8, 2006

Agent Waugaman filed a motion to dismiss contending that probable cause to arrest existed and that he was entitled to qualified immunity. … In the alternative, the district court held that Special Agent Waugaman was entitled to qualified immunity. II.

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

Jose Aristy-Rosa v. Attorney General United States of America

Court of Appeals for the Third Circuit · Aug 14, 2026

Therefore, counsel’s briefs lacked evidence and fell far short of establishing irreparable harm. C. … These matters are so “exclusively entrusted to the political branches of government as to be largely immune from judicial inquiry or interference.” Id. at 589.

Long Hao Li v. Attorney General of the United States

633 F.3d 136 · Court of Appeals for the Third Circuit · Feb 1, 2011

An assessment of a sentence or hard work or labor for such a violation clearly offends the analysis of the Court.” A.R. 85. … “As a general matter, ... we have held that fear of prosecution for violations of ‘fairly administered laws’ does not itself qualify one as a ‘refugee’ or make one eligible for withholding of [removal].” Chang v.

Morrissey v. Luzerne County Community College

117 F. App'x 809 · Court of Appeals for the Third Circuit · Oct 19, 2004

Clearly, then, President Larson’s decision to re- institute a new search did not run afoul of established hiring procedures. … immunity (raised by LCCC) and punitive damages (raised by Morrissey).

Cleopatra McDougal v. Alexis M. Herman, Secretary, U.S. Department of Labor

161 F.3d 198 · Court of Appeals for the Third Circuit · Nov 17, 1998

See also 20 C.F.R. § 10.408 which mirrors this statutory language but adds the requirement that the third physician be qualified in the appropriate specialty. … Even though for the purposes of its opinion the ECAB chose not to treat this as a “disagreement” between the two physicians, it was clearly a “disagreement” within the plain meaning of § 8123(a).

Emil Jutrowski v. Township of Riverdale

904 F.3d 280 · Court of Appeals for the Third Circuit · Sep 12, 2018

A district court abuses its discretion if its decision not to draw the inference rests upon “a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” Meditz v. … Despite the “acceptable reasons” for the officers to clear the search area which risked “effectively immunizing officers from property-damage claims by preventing a plaintiff from observing the person responsible for the

Philadelphia Record Co. v. Manufacturing Photo-Engravers Ass'n of Philadelphia

155 F.2d 799 · Court of Appeals for the Third Circuit · May 17, 1946

The evidence clearly supports the finding of the Trial Judge that there was a combination between the union and the association to prevent the plaintiff from producing photo-engraving products at night. … The District Court held, “I do not think this change of attitude of the association renders the union immune from the law of the Allen Bradley case.” That holding was obviously correct.

United States Steel Corporation, Bethlehem Steel Corporation, Jones & Laughlin Steel Corporation, Wheeling-Pittsburgh Steel Corporation, National Steel Corporation, Republic Steel Corporation and Youngstown Sheet & Tube Company v. Fraternal Association of Steel Haulers, A/K/A Fraternal Association of Special Haulers, William J. Hill, National Chairman Fraternal Association of Steel Haulers of Western Pennsylvania, William J. Hill, Chairman, Milton E. Schaudt, Executive Vice President, David Haugh, Secretary, R. H. Wilson, Robert W. Schwirian, Clyde Mostoller, Harry Ludwig, E. E. Stoner and Paul Burns, Individually and as Members of a Class Representing Owners of Steel Hauling Rigs, in No. 79-1055. United States Steel Corporation, Bethlehem Steel Corporation, Jones & Laughlin Steel Corporation, Wheeling-Pittsburgh Steel Corporation, National Steel Corporation, Republic Steel Corporation and Youngstown Sheet & Tube Company, Intervening in No. 79-1145 v. Fraternal Association of Steel Haulers, A/K/A Fraternal Association of Special Haulers, William J. Hill, National Chairman Fraternal Association of Steel Haulers of Western Pennsylvania, William J. Hill, Chairman, Milton E. Schaudt, Executive Vice President, David Haugh, Secretary, R. H. Wilson, Robert W. Schwirian, Clyde Mostoller, Harry Ludwig, E. E. Stoner and Paul Burns, Individually and as Members of a Class Representing Owners of Steel Hauling Rigs. United States Steel Corporation, Bethlehem Steel Corporation, Jones & Laughlin Steel Corporation, Wheeling-Pittsburgh Steel Corporation, National Steel Corporation, Republic Steel Corporation and Youngstown Sheet & Tube Company, Intervening v. Fraternal Association of Steel Haulers, A/K/A Fraternal Association of Special Haulers, William J. Hill, National Chairman Fraternal Association of Steel Haulers of Western Pennsylvania, William J. Hill, Chairman, Milton E. Schaudt, Executive Vice President, David Haugh, Secretary, R. H. Wilson, Robert W. Schwirian, Clyde Mostoller, Harry Ludwig, E. E. Stoner and Paul Burns, Individually and as Members of a Class Representing Owners of Steel Hauling Rigs, in No. 79-1168

601 F.2d 1269 · Court of Appeals for the Third Circuit · Jul 10, 1979

Testimony by Major Homer Redd of the Pennsylvania State Police established that there were 260 incidents of trucking violence on Pennsylvania highways during the first month of the shutdown, including rock-throwing, shootings … United States, 371 U.S. 94, 99-100 , 83 S.Ct. 162 , 9 L.Ed.2d 150 (1962) (footnotes omitted). 33 Immunity from the strictures of the injunction for Special Haulers who had collective bargaining agreements could properly have

Halderman v. Pennhurst State School & Hospital

673 F.2d 647 · Court of Appeals for the Third Circuit · Feb 26, 1982

There is no suggestion in the Schmidt opinion that this order would be qualified by the necessity for appropriations. … Thus a dismissal of the complaint would clearly have been inappropriate. As to abstention under Railroad Comm’n of Texas v.

Mary B. Gunnells William A. Gunnells Tele Tech Corporation Cynthia Mullinax W & W Truck and Tractor Company, Incorporated Jerry Freeman Aaa Transmissions, Incorporated Pamela B. Robertson Avionics/seaonics International, Incorporated James E. Cassleman Larry Strickland Brenda Workman Helen Clark Bobby F. Buchanan Joanne Buchanan Brian Hansen James E. Wise John N. Stanley Daniel L. Driggers Brenda Vowels David J. Vowels Livingston Auto Parts, Incorporated Philip Livingston Lukes Cycle Services, Incorporated Jeff Lucarelli Hh Moorman & Sons Harold Moorman Oakland Club Mark B. Buxton Stylon of Charleston Mary Parker Terry Hensley Earl Singletary Ora Singletary, Individually and as Representatives of All Persons and Entities Similarly Situated v. Healthplan Services, Incorporated, Individually and as Successor in Interest to Third Party Claims Management, Incorporated Third Party Claims Management, Incorporated, and Fidelity Group Inc. International Workers Guild, Incorporated National Association of Business Owners and Professionals Iwg Health and Welfare Fund Fidelity Claims Management, Incorporated Executive Consultants Insurance Agency Raymond R. Olivi John Branham Steven Broughton John Collins Rex Culbertson Robert Davies Richard Dextaze Kenneth Every Andrews Frankie Fort Robert German Gary Geitler Melissa Geitler Martin T. Geitler Michael D. Geitler George Gradek Hubert G. Greene Phillip S. Hodgsen Earl Isabell Stephen Lacy Frederick Malone David E. Martin Michael Massey Henry Merchant Tina Messinger Michael R. Requa Bruce Rowan Pamela Regopoulus Bruce Ryals Barbara A. Scott Henry K. Skinner, Jr. Elmer Stone Kenneth R. Tallmadge Lee Taylor 2 Michael Thomas Scott Todd Arnold H. Valentine Richard M. Vann Lewis H. Wade David M. White Herbert L. Williams Ben L. Wells Jack E. Wilson, Individually and in His Representative Capacity Anchor Insurance Agency Branham and Geitler Associates Diversified Insurance Legend Equities Corporation Financial Benefits, Incorporated the Taylor Agency Incorporated Truett and Associates Colonial Life & Accident Insurance Company, a Unum Company Dwayne A. Samuels Eugene O. Duncan David Spooner Charles L. Bradley Terrence E. Rhue Noel Shaw Paul D. Askew Phillip Stashin Ken Averies, 3 Mary B. Gunnells William A. Gunnells Cynthia Mullinax Jerry Freeman Pamela B. Robertson James E. Cassleman Larry Strickland Brenda Workman Helen Clark Bobby F. Buchanan Joanne Buchanan Brian Hansen James E. Wise John H. Stanley Daniel L. Driggers Brenda Vowels David J. Vowels Philip Livingston Jeff Lucarelli Harold Moorman Mark B. Buxton Mary Parker Terry Hensley Earl Singletary Ora Singletary, Individually and as Representatives of All Persons and Entities Similarly Situated W & W Truck and Tractor Company, Incorporated Lukes Cycle Services, Incorporated Aaa Transmissions, Incorporated Livingston Auto Parts, Incorporated Hh Moorman & Sons Tele Tech Company, Incorporated Avionics Seaonics International, Incorporated Oakland Club Stylon of Charleston, Entities Similarly Situated v. Michael R. Requa Arnold H. Valentine Financial Benefits, Incorporated Lewis H. Wade Bruce Ryals George Gradek Tina Messinger Kenneth Every Andrews Raymond R. Olivi Executive Consultants Insurance Agency Michael Massey Anchor Insurance Agency John Collins, Individually and in Their Representative Capacities, and Frankie Fort Fidelity Group Inc. International Workers Guild, Incorporated National Association of Business Owners and Professionals Iwg Health and Welfare Fund Fidelity Claims Management, Incorporated John Branham Steven Broughton Rex Culbertson Robert Davies Richard Dextaze Robert German Gary Geitler Martin T. Geitler Gary Geitler Michael D. Geitler Hubert G. Greene Phillip S. Hodgsen Earl Isabell Stephen Lacy Frederick Malone David E. Martin Henry Merchant Bruce Rowan Pamela Regopoulus Barbara A. Scott Henry K. Skinner, Jr. Elmer Stone Kenneth R. Tallmadge Lee Taylor 5 Michael Thomas Scott Todd Richard M. Vann David M. White Herbert L. Williams Ben L. Wells Jack E. Wilson Branham and Geitler Associates Diversified Insurance Legend Equities Corporation the Taylor Agency, Incorporated Truett and Associates Colonial Life & Accident Insurance Company, a Unum Company Healthplan Services, Incorporated, Individually and as Successor in Interest to Third Party Claims Management, Incorporated Third Party Claims Management, Incorporated Dwayne A. Samuels Eugene O. Duncan David Spooner Charles L. Bradley Terrence E. Rhue Noel Shaw Paul D. Askew Phillip Stashin Ken Averies, Individually and in Their Representative Capacities

348 F.3d 417 · Court of Appeals for the Third Circuit · Oct 30, 2003

Indeed, some claimants have had their claims qualified for coverage but not payment, and some have not been qualified for coverage. … Those whose claims have not yet been adjudicated would have to establish the facts that would qualify them for coverage, which would include the nature of the illness or injury for which the claim is made, deductibles and

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.

Hackett v. Price

381 F.3d 281 · Court of Appeals for the Third Circuit · Aug 26, 2004

, and the Pennsylvania Supreme Court's failure to do so was contrary to clearly established federal law. … III. 199 For these reasons, I conclude that Hackett has established a Mills error, and that the state court's rejection of this claim resulted in an unreasonable application of clearly established federal law.

Eder v. Beal

609 F.2d 695 · Court of Appeals for the Third Circuit · Nov 14, 1979

Beal until such time as a timely and adequate notice is given — i. e., for at least a ten day period. 6 On cross motions for summary judgment, based upon a stipulation of facts, the district court held that DPW had “clearly … In order to qualify for funding under Title XIX, a state must provide at least five basic services to individuals who meet various income requirements. 42 U.S.C. § 1396a(a)(10)(A), (a)(13)(B).

United States v. Stewart

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

However, Becotte clearly expressed that Stewart’s medication regimen was crucial to his stability. … On appeal, Stewart argues that the District Court committed clear error because the evidence he presented at the hearing clearly and convincingly established that his release would not create a substantial risk of bodily

Ramin Rejaie v. Immigration and Naturalization Service

691 F.2d 139 · Court of Appeals for the Third Circuit · Nov 17, 1982

The Supreme Court has observed that motions under § 3.8 “will not be granted ‘when a prima facie case of eligibility for the relief sought has not been established.’ ” INS v. … Rather, in his brief he simply summarizes the factual content of his motion without explaining which, if any, of the narrated events, substantiated or otherwise, occurred after the deportation hearing and thus qualify as