Case law

United States v. Alcan Foil Products Division of Alcan Aluminum Corporation, and Third-Party Atlantic Richfield Company, Third-Party

889 F.2d 1513 · Court of Appeals for the Third Circuit · Nov 21, 1989

Clearly remedies less drastic than dismissal are available for EPA’s failure to act within four months. … The district court clearly has discretion to determine what penalties should be imposed for noncompliance.

Bamba v. Dist Dir INS Phila

Court of Appeals for the Third Circuit · Apr 27, 2004

The plain language of 8 U.S.C. § as no alien would qualify for expedited 1228(b) does appear to support this removal proceedings. “Expedited removal interpretation. … As elaborated best, Bamba has established that the above, we believe that this is a statutory scheme is ambiguous.

Lundy v. Adamar of New Jersey, Inc.

34 F.3d 1173 · Court of Appeals for the Third Circuit · Jul 5, 1994

Clearly it must have communicated to him that the Lundys intended to sue someone else. Dr. … Greenberg, an intubation kit consists of equipment that is used to insert an endotracheal tube into an individual, thereby establishing a more efficient airway than that which can be established with an ambu-bag. .

Glus v. G. C. Murphy Co.

629 F.2d 248 · Court of Appeals for the Third Circuit · Jun 27, 1980

Furthermore, if there had been an applicable statute, that statute would have qualified as a “law” of the United States within the meaning of 28 U.S.C. § 1331 (a) (1976), and there would have been no occasion for the Court … I agree with Judge Gibbons’ comments when he argued we should refuse to create a federal common law of immunity for army surgeons: “Instead of deferring to future Congressional judgment on the creation of absolute immunity

Ramiro Enrique Rojas v. Attorney General United States

728 F.3d 203 · Court of Appeals for the Third Circuit · Aug 23, 2013

established. … Most drug convictions will qualify as removable offenses under this reading.

Gabriel Buele Morocho v. Warden Philadelphia FDC

Court of Appeals for the Third Circuit · Aug 28, 2026

relevant burdens of proof.75 Again using a definite article, “the,” Congress provided two choices—if “the alien” is “an applicant for admission,” the alien has the burden to establish he is “clearly and beyond doubt entitled … to be admitted.”91 The limiting descriptor there is “clearly and beyond a doubt.”

O. Hommel Company v. Ferro Corporation

659 F.2d 340 · Court of Appeals for the Third Circuit · Sep 23, 1981

The court in its charge rejected the contention that sales above average direct manufacturing costs must in all circumstances as a matter of law be immune from Robinson-Patman liability in a primary line competition case. … Clearly there was evidence from which the jury could conclude the three plants chosen for discriminatory pricing, Briggs in Knoxville, General Electric in Louisville, and General Housewares in Terre Haute, were selected in

Vandyke Johnson v. Rose Duncan

Court of Appeals for the Third Circuit · Oct 4, 2017

Nevertheless, dismissal was proper on the basis of qualified immunity. … The doctrine of qualified immunity protects a government official from a claim for damages when his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

United States ex rel. Mistick PBT v. Housing Authority

186 F.3d 376 · Court of Appeals for the Third Circuit · Oct 18, 1999

For the reasons already explained, HUD’s search for the documents sought under the FOIA and its decision to disclose them clearly satisfied our court’s interpretation of the term “administrative,” and we believe that these … The dissent writes that “it may be easier for the relator to establish himself as an ‘original source’ of the information than to successfully disprove a caused link between the public disclosures and his qui tam claim.”

United States v. Traitz

871 F.2d 368 · Court of Appeals for the Third Circuit · Mar 22, 1989

. § 6003 provides that a United States Attorney may request an immunity Order from the district court immunizing a witness if in “his [the United States Attorney’s] judgment— (1) the testimony or other information from such … The district judge’s charge on the issue of knowledge and willfulness, when viewed as a whole, clearly and accurately set forth the law.

Anthony White v. Christian Brown

408 F. App'x 595 · Court of Appeals for the Third Circuit · Nov 4, 2010

The District Court granted summary judgment to the defendants, holding that White could not establish a violation of his constitutional rights, that Brown and Kline were entitled to qualified immunity from White‟s claims … , and that O‟Connor was entitled to absolute immunity.

Kuzdrowski v. Secretary Veterans

314 F. App'x 410 · Court of Appeals for the Third Circuit · Aug 11, 2008

It dismissed Kuzdrowski’s retaliation claim on a jurisdictional basis, ruling that Congress had not waived federal sovereign immunity for such claims under the ADEA by federal employees. … applied for and was qualified for the promotion, and despite her qualifications, she was rejected.

United States v. Parker

103 F.2d 857 · Court of Appeals for the Third Circuit · Apr 11, 1939

This was clearly a sufficient averment of an overt act and it sustains the indictment. We think that the other acts averred were likewise sufficient. … It will thus be seen that these allegations charged in the indictment excluded the defendants' immunity from the death penalty, which immunity existed only "if the kidnapped person has been liberated unharmed."

United States ex rel. McCarthy v. Cook

225 F.2d 71 · Court of Appeals for the Third Circuit · May 23, 1955

As the facts established in the district court are conclusive because uncontra-dicted, they are reviewed with the purpose primarily to inquire whether McCarthy established prejudice in his case. … When the exact time that this realization came to appellant was not clearly shown.

Mary Churchill, in No. 98-1491 v. Star Enterprises, A/K/A Star Staff Incorporated Joseph Jantorno, A/K/A Star Staff Incorporated David Smith, A/K/A Star Staff Incorporated Bernadine Lane, A/K/A Star Staff Incorporated Mary Churchill, in No. 98-1632 v. Star Enterprises A/K/A Star Staff Incorporated Joseph Jantorno David Smith Mary Churchill v. Star Enterprises A/K/A Star Staff Incorporated Joseph Jantorno David Smith, in No. 98-1700

183 F.3d 184 · Court of Appeals for the Third Circuit · Jun 28, 1999

, by establishing a minimum labor standard for leave. … Id. 40 The Appellees clearly demonstrated the presence of the first two requirements set forth in Athlone when they sought judgment in their favor in Churchill II and Churchill acknowledges this point.

Constance Andresen v. Commonwealth of Pennsylvania

Court of Appeals for the Third Circuit · Feb 21, 2023

Pennsylvania is immune from suit, see Downey v. … We need not address the District Court’s conclusion that Thomas was entitled to qualified immunity because we conclude that his alleged actions during the arrest were objectively reasonable as a matter of law.

William Bracey v. Superintendent Rockview SCI

986 F.3d 274 · Court of Appeals for the Third Circuit · Jan 20, 2021

The standards for evaluating a 60(b) motion are well established. … Thus, while it had the effect of bringing our case law back in line with clearly established Supreme Court precedent, id., Dennis 27 reflected a significant change in our own jurisprudence

Commonwealth of Pennsylvania v. Navient Corp

967 F.3d 273 · Court of Appeals for the Third Circuit · Jul 27, 2020

They “may look behind a statute only when the plain meaning produces a result that is not just unwise but is clearly absurd.” … That the Consumer Protection Act allows for the Bureau to intervene does not clearly decide whether concurrent claims are permitted.

Travillion v. Leon

248 F. App'x 353 · Court of Appeals for the Third Circuit · Sep 14, 2007

, privileges, or immunities secured by the Constitution or laws of the United States.” … Accordingly, we need not determine whether the Allegheny County Jail could be held liable under the circumstances presented here or whether Lieutenant Leon would be entitled to qualified immunity. See id.

United States v. Binyamin Stimler

864 F.3d 253 · Court of Appeals for the Third Circuit · Jul 7, 2017

The balance here clearly lies on the side of public safety. For the reasons stated above, we will affirm the District Court’s convictions of Mendel Epstein, Jay Goldstein, and Binyamin Stimler. . … The other two witnesses, were arrested and charged as part of the kidnapping ring, Ralbag was granted immunity in exchange for his testimony, and the other two witnesses pled guilty to lesser offenses. .