Case law

Oliver Lawal v. Mark McDonald

Court of Appeals for the Third Circuit · Dec 19, 2013

immunity. … immunity.

George Johnson v. Steven Pinchak Attorney General of the State of New Jersey

392 F.3d 551 · Court of Appeals for the Third Circuit · Dec 22, 2004

Reed, supra, the Supreme Court established a “plain statement” rule that there would be no procedural default, for purposes of federal habeas review, unless “the last state court rendering judgment in the case ‘clearly and … To qualify for this exception, a petitioner “must show by clear and convincing evidence that no reasonable juror would have found him eligible for the death penalty in light of the new evidence.” Calderon v.

United States ex rel. Darcy v. Handy

224 F.2d 504 · Court of Appeals for the Third Circuit · Jun 9, 1955

The duty of this court to give consideration to the “totality of facts in a given ease” where the due process clause is invoked, was clearly spelled out by the Supreme Court of the United States in Betts v. … In conclusion I will dwell but briefly with the majority’s view that Judge Boyer’s conduct was an “occurrence — -in state procedure”, immune, as such, from the reach of the due process guarantee.

United States ex rel. Hart v. Davenport

478 F.2d 203 · Court of Appeals for the Third Circuit · Apr 27, 1973

The record of the State proceedings, then, establishes that there were among the defendants in the trial conflicting' interests. … But we need hardly rest our decision on the Abrams ease alone, since on the present record the Walker test — a showing of a possible conflict of interest or prejudice, however remote — clearly has been met.

United States v. Christopher Passodelis

622 F.2d 567 · Court of Appeals for the Third Circuit · May 7, 1980

Consequently, the panel majority concluded that the prosecution had not met its burden of establishing venue in the Middle District of Pennsylvania. … This is a case where, under my view as to the proper construction of the Act, venue in the Middle District of Pennsylvania would clearly have been established.

Leinbach v. Fein

123 F. App'x 43 · Court of Appeals for the Third Circuit · Nov 1, 2004

This record clearly supports the court’s finding of bad faith. In addition, Leinbach’s conduct clearly was objectively unreasonable. 1. … Fein would therefore not qualify under that category, either.

Cornelius Hill Trudie Hastings Hill, H/w v. Reederei F. Laeisz G.M.B.H., Rostock Schiffarhtsgesellschaft Ms Priwall Mbh & Co. Kg

435 F.3d 404 · Court of Appeals for the Third Circuit · Jan 31, 2006

Translating appellate opinions into jury instructions is a notoriously difficult undertaking, and we take note of the fact that the District Court clearly read and attempted to apply Kirsch . … Congress has made stevedores immune from suit in longshoremen’s injury cases, and that leaves the ship as the sole defendant.

In Re Constar International Inc. Securities Litigation

585 F.3d 774 · Court of Appeals for the Third Circuit · Oct 29, 2009

The District Court’s Order was clearly sufficient. … Jarrell is a former Chief Economist of the SEC and is, presumably, as qualified as anyone could be to make that argument.

40 Fair empl.prac.cas. 1252, 40 Empl. Prac. Dec. P 36,198 Carl F. Berndt v. Kaiser Aluminum & Chemical Sales Inc., in No. 85-1488. Carl F. Berndt v. Kaiser Aluminum & Chemical Sales Inc. Appeal of Carl F. Berndt, in No. 85-1518

789 F.2d 253 · Court of Appeals for the Third Circuit · May 21, 1986

However, the evidence at trial established at most that plaintiff was least qualified at the time of required reduction in force. … From the express language of the jury instructions, it is evident that the jury was clearly instructed to separate the questions of liability from willfulness.

Henry F. Plucinski v. I.A.M. National Pension Fund, Perth Amboy Dry Dock Co., Perth Amboy Management Pension Fund, William T. Harth, Alfred C. Bruggeman, John Doe and Richard Roe, Third Party v. District No. 15, International Association of MacHinists and Aerospace Workers, Third Party Appeal of I.A.M. National Pension Fund, Perth Amboy Dry Dock Co.

875 F.2d 1052 · Court of Appeals for the Third Circuit · May 19, 1989

an ERISA qualifying pension plan. … If we put the burden of mistaken payments wholly on employers, we may discourage some employers from operating ERISA qualifying plans.

Crawford v. Pope & Talbot, Inc. Lucibello v. Pope & Talbot, Inc.

206 F.2d 784 · Court of Appeals for the Third Circuit · Sep 3, 1953

Their work in the deep tanks was clearly “ship’s work” within the meaning of the Sieracki case. … Had one of those seamen been injured under circumstances, like those before us, he would clearly have been entitled to recover for unseaworthiness of the ship.

Vorchheimer v. School District Of Philadelphia

532 F.2d 880 · Court of Appeals for the Third Circuit · Mar 16, 1976

Congress spoke clearly enough on single-sex schools in 1972 when it chose to defer action in order to secure the data needed for an intelligent judgment. … The plaintiff has difficulty in establishing discrimination in the school board's policy.

Lucas Ivers v. Brentwood Borough School District

Court of Appeals for the Third Circuit · Mar 13, 2024

immunity. … Having made those conclusions, the Court did not reach whether Greer is entitled to qualified immunity but noted that it “would have been inclined” to conclude she is. App. 19; Ivers v. Brentwood Borough Sch.

Williams v. Yellow Cab Co. Of Pittsburgh, Pa. Appeal of Dargan

200 F.2d 302 · Court of Appeals for the Third Circuit · Dec 8, 1952

In October 1947 the Cab Company established its uptown garage and employed only Negroes to operate taxicabs from that garage. All these Negro taxicab drivers joined the Union. … of any civil action authorized by law to be commenced by any person: * * * * * * “(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

In the Matter of Connecticut Motor Lines, Inc., Bankrupt. John H. McKeever Trustee

336 F.2d 96 · Court of Appeals for the Third Circuit · Dec 15, 1964

Thus, the language of Section 64, sub. a (4) clearly governs in such circumstances. … Such a tax claim by the Government is clearly entitled to Section 64, sub. a (4) treatment.

Dontae Johnson v. Keith Stith

Court of Appeals for the Third Circuit · May 24, 2018

Nonetheless, a police officer is “entitled to qualified immunity unless their conduct violated a clearly established constitutional right.” Goodwin, 836 F.3d at 326. … ‘clearly established’ at the time of the official’s conduct.”

Luria Brothers & Company, Inc., a Corporation v. Thomas R. Allen, Jr. And Morton J. Greene, Trading as Economy Industrial Properties, a Partnership

672 F.2d 347 · Court of Appeals for the Third Circuit · Mar 15, 1982

We now turn to the evidence presented before the district court to determine whether its finding of a surrender of the lease was clearly erroneous. We measure its findings against the standard established in Krasnov v. … The finding was not clearly erroneous. C.

Amelia Woessner v. Air Liquide, Inc.

242 F.3d 469 · Court of Appeals for the Third Circuit · Mar 7, 2001

On January 7, 1999, the Court granted the motion of International Switchboard to establish that the law of Delaware will govern the determination of liability. … Clearly, this interest would not be furthered through the operation of New Jersey's substantive law and therefore the operation of N.J.S.A. 2A:14-1.1....

In Re Kaiser Aluminum Corporation, Debtor. Pension Benefit Guaranty Corporation

456 F.3d 328 · Court of Appeals for the Third Circuit · Jul 26, 2006

Congress established the PBGC in 1974 as part of ERISA. … These plans were much larger than the others and would clearly impose an unsustainable burden on Kaiser.

31 Fair empl.prac.cas. 2, 31 Empl. Prac. Dec. P 33,322

699 F.2d 667 · Court of Appeals for the Third Circuit · Feb 9, 1983

Rives concluded that these statistics clearly indicate that administrative experience was a factor in separating the test points in the 1978 exam. … It concluded that "conscious and unconscious racial bias ... has clearly effected [sic] the selection of personnel for these positions in the past." Id.