Case law

Elaine J. Subbe-Hirt v. Robert Baccigalupi Prudential Insurance Company

94 F.3d 111 · Court of Appeals for the Third Circuit · Sep 30, 1996

Separate and apart from the allegations of the plaintiff not qualifying as an “intentional wrong,” the facts of the case as alleged by the plaintiff fall short of the New Jersey cause of action of intentional infliction of … The federal court has recognized the extreme difficulty of establishing such a claim in a mere employment relationship when the conduct alleged does not exceed the employer/employee relationship. See Fregara v.

Teamsters Local Union No. 30 v. Helms Express Inc.

591 F.2d 211 · Court of Appeals for the Third Circuit · Jan 5, 1979

Article 47 allows an employer to discharge or suspend employees only for “just cause,” Appendix at 64; clearly poor performance and productivity on the part of an employee would qualify as “just cause.” … While clearly this does not prevent Sever, as an individual member of a signatory union from claiming under § 301, Smith v.

United States v. Safehouse

Court of Appeals for the Third Circuit · Mar 26, 2021

It is well established that a court must “give effect to a statute’s unambiguous plain language unless it produces a result demonstrably at odds with the intentions of the drafters … or an outcome so bizarre that Congress … Congress clearly intended to reach individuals who operate a criminal “enterprise” through a pattern of racketeering when it enacted RICO.

Debbie Williams and Linda Stanley, Plaintiffs/appellees/cross-Appellants v. William R. Butler v. City of Little Rock, Arkansas, Third-Party Appellant/cross-Appellee

746 F.2d 431 · Court of Appeals for the Third Circuit · Dec 5, 1984

The adoption of that policy clearly is within the province of the City's authority. … We disagree. 52 The Supreme Court has held clearly that municipalities are immune from punitive damages under Sec. 1983. Newport, 453 U.S. at 271 , 101 S.Ct. at 2762 .

Kate Bell v. City of Harrisburg

457 F. App'x 164 · Court of Appeals for the Third Circuit · Jan 6, 2012

In fact, there are clearly more than 20 plaintiffs involved in this suit. … immunity because there was no constitutional violation. 6

Government of the Virgin Islands v. Henry D. Knight

989 F.2d 619 · Court of Appeals for the Third Circuit · Apr 8, 1993

The defense asserted that at the time Knight assaulted the victim he suffered from an adjustment disorder, which was sufficiently severe to qualify him as insane. To support this theory, Dr. … Knight claims that the history of the statute's amendment clearly establishes that the legislature was referring only to imprisonment when it utilized the term "sentence." We disagree. As originally enacted, V.I.

Y.V.Z. v. Attorney General of the United States

492 F. App'x 291 · Court of Appeals for the Third Circuit · Aug 14, 2012

To qualify for withholding of removal, an alien must establish a “clear probability of persecution,” i.e., that it is more likely than not that he or she would suffer persecution upon returning home. See INS v. … “[T]he regulations clearly state that there is no acquiescence to torture unless the relevant officials know about the torture before it occurs.”

United States v. Antonio Davis

929 F.2d 930 · Court of Appeals for the Third Circuit · Apr 2, 1991

Based on this analysis, each of Davis’s prior juvenile adjudications qualifies for two criminal history points under Section 4A1.2(d)(2) because in each case “the maximum sentence imposed” was at least 60 days. … At oral argument before us, the government urged that the case be remanded so that the precise sequence of events may be established.

United States v. Morton M. Rose, Betsy R. Wittenberg, and Aetna Insurance Company, Aetnainsurance Company, United States of America v. Morton M. Rose, Betsy R. Wittenberg, and Aetna Insurance Company, Morton m.rose and Betsy R. Wittenberg

346 F.2d 985 · Court of Appeals for the Third Circuit · Aug 2, 1965

On April 3, 1946, the individual defendants in this suit were duly qualified as administrators of the estate of Morris D. … Such affirmance may be based on any rationale supported by facts incontrovertibly established in the record. Lum Wan v.

Gallas v. Supreme Court of Pennsylvania

211 F.3d 760 · Court of Appeals for the Third Circuit · May 5, 2000

Where there is clearly no jurisdiction over the subject-matter any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to … only for purposes of its use as evidence in a judicial proceeding, and only then upon judicial order following a verified petition properly noticed to all interested parties.9 Yet, such a procedural error at most might establish

Impounded (Juvenile R.G., Appellant)

117 F.3d 730 · Court of Appeals for the Third Circuit · Jun 30, 1997

. § 5032 , which establishes a two-step procedure governing the transfer of juveniles from state to federal court for criminal prosecution. … We do not, however, read the Eighth Circuit as generally allowing review of a § 5032 certification, or departing from the general principles established in the cases cited above.

United States v. E.I. DuPont De Nemours & Co.

432 F.3d 161 · Court of Appeals for the Third Circuit · Dec 22, 2005

. § 9605(a)(8)(B) (establishing the National Priorities List). … Other provisions of subsection 111(c), clearly encompassed by the term “response cost,” overlap as well.

Brennan v. Norton

350 F.3d 399 · Court of Appeals for the Third Circuit · Dec 5, 2003

This does not, however, suggest that speech which is motivated by private concern can never qualify as protected speech. It clearly can if it addresses a matter that concerns the public as well as the speaker. … Although a plaintiff alleging retaliation for protected speech under § 1983 must ordinarily establish that his/her speech was a matter of public concern to qualify for the protections of the First Amendment's guarantee of

Citizens Council of Delaware County Chester-Ridley-Crum Watersheds Association: Whiskey Run Rebellion League of Women Voters of Swarthmore Rhoda Gribbel Roy Smith Donna and Leonard Mammucari John and Barbara Crowther Alan and Margot Hunt and Marion Lebeis v. Claude S. Brinegar, Secretary of Transportation of the United States and Jacob Kassab, Secretary of Transportation of the Commonwealth of Pennsylvania and Harry A. McNichol Chairman, and Nicholas F. Catania and William A. Springler, Commissioners of Delaware County, and Gus D. Houtman, President, and James W. Davis, Theodore D. Hadley, Jr. And James J. McKeehen Branton H. Henderson and Charles E. Weber, Members of the Park and Recreation Board of Delaware County and John J. Shields, President, and Anthony Daliessio, John D. Donald, Peter J. O'keefe, Norman R. Lincoln, John Haller, Charles S. Bottino, W. Gordo Atherholt and Samuel B. Morrelli, Members of the Ridley Township Board of Commissioners, Marple Township and Radnor Township and Swarthmore College Ashwood Manor Civic Association, Appellees/cross-Appellants v. Lewis, Drew, Secretary of Transportation of the United States and Larson, Thomas D., Secretary of Transportation of the Commonwealth of Pennsylvania and the Chester Group the Honorable Edgar, Robert W. The County of Delaware the City of Chester the Borough of Upland the Borough of Trainer the Borough of Eddystone the Borough of Marcus Hook the Delaware County Chamber of Commerce the Delaware County Afl-Cio Council the Committee for the Blue Route Hart, David K. Jordan, Richard C., Jr. And Clayton, Howard J. The Greater Philadelphia Chamber of Commerce Penjerdel Council and the Borough of Prospect Park, Appellant/cross-Appellee. Marple Township and Radnor Township and Swarthmore College Ashwood Manor Civic Association v. Lewis, Drew, Secretary of Transportation of the United States and Larson, Thomas D., Secretary of Transportation of the Commonwealth of Pennsylvania and the Chester Group the Honorable Edgar, Robert W. The County of Delaware the City of Chester the Borough of Upland the Borough of Trainer the Borough of Eddystone the Borough of Marcus Hook the Delaware County Chamber of Commerce the Delaware County Afl-Cio Council the Committee for the Blue Route Hart, David K. Jordan, Richard C., Jr. And Clayton, Howard J. The Greater Philadelphia Chamber of Commerce Penjerdel Council and the Borough of Prospect Park

741 F.2d 584 · Court of Appeals for the Third Circuit · Aug 1, 1984

The court held that the Townships qualified as eligible "parties" under 28 U.S.C. … .;" it held that the College qualified as a tax-exempt entity under id. Sec. 2412(d)(2)(B)(ii); and it held that the Civic Association qualified under id.

New Castle County v. Hartford Accident & Indemnity Co.

933 F.2d 1162 · Court of Appeals for the Third Circuit · Apr 30, 1991

The County, as a defense to this action, invoked the doctrine of sovereign immunity. However, by statute in Delaware, there is no immunity if the government’s liability arose from the sudden release of pollutants. … Statutory waivers of sovereign immunity are subject to different rules of construction than those that govern exceptions to insurance exclusions: whereas waivers of immunity are construed narrowly so as to facilitate immunity

McGowan v. NJR Ser Corp

Court of Appeals for the Third Circuit · Sep 13, 2005

The fact that the Eighth Circuit has repeatedly re-visited this issue belies the notion that ERISA’s goals of certainty, simplicity and uniformity can be achieved through the establishment of a uniform federal common law. … administrators must already review external documents to determine whether they qualify as QDROs.

Alpha Therapeutic Corporation, Hunter Blood Center, Defendant/third Party v. St. Paul Fire and Marine Insurance Company, Third Party

890 F.2d 368 · Court of Appeals for the Third Circuit · Dec 11, 1989

Hunter further argues that a medical technician does not have the requisite training to qualify as a professional and that the technician’s job of transposing test re- *370 suits is not a professional service. … Clearly, transposing test results and figures is an intricate part of testing plasma for hepatitis, which is a professional service.

Liberty Mutual Insurance Company v. Ward Trucking Corp.

48 F.3d 742 · Court of Appeals for the Third Circuit · Apr 10, 1995

Bonatz, 475 F.2d 433, 437 (3d Cir.1973) ("Even on [issues of jurisdictional fact] the record must clearly establish that after jurisdiction was challenged the plaintiff had an opportunity to present facts by affidavit or … I of course agree with the majority that "only remand orders issued under Sec. 1447(c) and invoking the grounds specified therein ... are immune from review under Sec. 1447(d)."

John Thorpe v. Borough of Jim Thorpe

770 F.3d 255 · Court of Appeals for the Third Circuit · Oct 23, 2014

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The National Museum of the American Indian Act, enacted in 1989, was the precursor to NAGPRA and established such a museum in the Smithsonian.

Thomas v. Town of Hammonton

351 F.3d 108 · Court of Appeals for the Third Circuit · Dec 4, 2003

Termination of employment is a qualifying event. Id. § 300bb-3(2). … The District Court's docket entries clearly show that the audio exhibits were part of the record.