Case law

Overall v. Univ PA

Court of Appeals for the Third Circuit · Jun 27, 2005

Smith charged the Committee with the task of picking the best qualified candidate from all the applicants. App. at 386, 483 (Dr. … Overall’s claims was clearly quasi-judicial in character. Therefore, the statements made by Dr. Smith during the grievance proceedings are absolutely privileged.

United States v. Kaboni Savage

Court of Appeals for the Third Circuit · Aug 13, 2020

* * * In sum, we conclude that Savage has failed to establish that the District Court clearly erred when it found that the Government’s strike of Number 185 was not motivated by race … Savage fails to establish that the District Court’s transferred intent instruction clearly diverges from the “classic doctrine.”

Grace Todman v. George Washington Todman

571 F.2d 149 · Court of Appeals for the Third Circuit · Feb 10, 1978

This was clearly authorized by 3 V.I. Code Ann. tit. 16, § 109(c) (1964). That option is not open in this case, however. … The district court did not hold that the property at question was the Todmans’ homestead, although presumably the property would qualify.

Skenderi v. Attorney General of the United States

357 F. App'x 432 · Court of Appeals for the Third Circuit · Dec 17, 2009

Concluding that the IJ’s findings of fact were not clearly erroneous, the BIA affirmed the adverse credibility determination. … Skenderi has not demonstrated that the IJ’s findings of fact were clearly erroneous.

Federated Metals Corporation v. United Steelworkers Of America (Afl-Cio)

648 F.2d 856 · Court of Appeals for the Third Circuit · Apr 28, 1981

Federated Metals concedes that Nolde established a presumption of postcontract arbitrability. … As a result, the Union contends that the pension claimants have a sufficient number of years of continuous service to qualify for the benefits.

Douglas Nyhuis v. Janet Reno, Attorney General Eric Holder, Deputy Attorney General Kathleen Hawk, Director-Bop John Hahn, Warden

204 F.3d 65 · Court of Appeals for the Third Circuit · Feb 15, 2000

The court wrote, “The removal of the qualifiers ‘plain, speedy, and effective’ from the PLRA’s mandatory exhaustion requirement indicates that Congress no longer wanted courts to examine the effectiveness of administrative … Florida Bd. of Regents, 457 U.S. 496, 512 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982) (stating that courts do not have authority “to alter the balance struck by Congress in establishing the procedural framework for bringing

Irma Allen v. Ollies Bargain Outlet Inc

37 F.4th 890 · Court of Appeals for the Third Circuit · Jun 24, 2022

At least some wheelchair- or scooter-using customers may not qualify. Cf. Richardson v. … To establish numerosity, plaintiffs must do more to prove the existence of actual class members.

United States v. Nicodemo Scarfo A/K/A "The Little Guy,"

850 F.2d 1015 · Court of Appeals for the Third Circuit · Jul 25, 1988

Pretrial proceedings revealed that plea agreements, which included transactional immunity and post-trial witness relocation, had been arranged with Caramandi and DelGiomo in return for their testimony as government witnesses … Although approving the practice of challenges without cause, the Court in Swain noted the criticism leveled against the procedure because of delay, expense, and the elimination of qualified veniremen.

Nina Shahin v. State of Delaware

543 F. App'x 132 · Court of Appeals for the Third Circuit · Sep 16, 2013

The District Court granted summary judgment to the Defendants, holding that they were immune from suit under the ADEA, that Shahin had not established a prima facie case of discrimination under Title VII, 2 and that the … We agree that Shahin failed to establish a prima facie case of discrimination.

Moxley v. Comer

716 F.2d 168 · Court of Appeals for the Third Circuit · Aug 26, 1983

That circumstance, however, does not end the inquiry into whether the bankruptcy court order in fact qualified as final under subsection (a). … The district court judge, however, determined that this conclusion was clearly erroneous, and we agree.

Patricia Mellon v. Elliot L. Richardson, Secretary of Health, Education and Welfare

466 F.2d 524 · Court of Appeals for the Third Circuit · Aug 2, 1972

These last three children qualify as children of the wage earner pursuant to 42 U.S.C. § 416 (h) (3). … As recently as 1971 the Pennsylvania Supreme Court ruled that a common law marriage is established by words in the present tense uttered with the view and for the purpose of establishing the relation of husband and wife.

Chiang v. Secretary Agri

385 F.3d 256 · Court of Appeals for the Third Circuit · Sep 20, 2004

individual ones and class treatment would that he or she was qualified for loan not be superior to individual adjudications. … The fact clearly defined.” Williams, 1997 U.S. that some class members were able to Dist. LEXIS 1683, at *13.

United States v. Harold D. Farley Gail D. Farley

202 F.3d 198 · Court of Appeals for the Third Circuit · Jan 27, 2000

Commissioner (Tax Court) were clearly different. … The court in Gitlitz had difficulty determining the role of section 108(b)(4)(A) in the tax calculation and ultimately concluded that section 108(b)(4)(A) was simply designed to compute certain tax applications (such as establishing

United States v. Rao Desu

Court of Appeals for the Third Circuit · Jan 7, 2022

alone, do not establish probable cause. … The District Court did not clearly err in rejecting a screenshot of a few rows of a spreadsheet as reliable evidence of $214,410 in reduced income.

Combs v. Homer Ctr Sch Dist

Court of Appeals for the Third Circuit · Aug 21, 2008

Furthermore, religious dietary laws would appear to qualify as specific tenets. In Williams v. … Our court held that “prison officials must respect and accommodate, when practicable, a Muslim inmate’s religious beliefs regarding prohibitions on the handling of pork” and affirmed the denial of qualified immunity.

Willie Davis v. Joseph Norwood

614 F. App'x 602 · Court of Appeals for the Third Circuit · Jun 24, 2015

A plaintiff may make a showing of deliberate indifference by establishing that the defendants “intentionally den[ied] or delay[ed] medical care.” Giles v. … immunity on Davis’s Eighth Amendment claims and that the District Court lacked personal jurisdiction over defendant Watts. 6  Accordingly, we will summarily affirm the order

Reigle v. Mahajan

906 F.2d 942 · Court of Appeals for the Third Circuit · Jun 26, 1990

The Trustee argues that the Appellee is clearly a limited partner who received a payment of $33,333 from the debtor. … Courts are split on whether postpetition advances of new value qualify under section 547(c)(4). Compare In re Thomas W.

Interfaith Community Organization v. Honeywell International, Inc.

726 F.3d 403 · Court of Appeals for the Third Circuit · Jul 8, 2013

to litigate after it clearly became so. . . .‟”). … We review the District Court‟s finding that Appellees qualify for an exception to the forum-rate rule for clear error. ICO II, 426 F.3d at 705.

Komis v. Sec'y of the U.S. Dep't of Labor

918 F.3d 289 · Court of Appeals for the Third Circuit · Mar 12, 2019

In construing the ADEA's federal-sector provision, the Court rejected arguments that the provision, as a waiver of sovereign immunity, must be strictly construed in favor of the government and that federal employees do not … We do not believe the prohibition is so qualified."); see also Hale , 808 F.2d at 619 (analyzing a federal employee's Title VII retaliation claim without conducting a separate "personnel action" inquiry); Ayon v.

George A. Hunt, Jr., Selective Service No. 9-45-45-1035 v. Local Board No. 197

438 F.2d 1128 · Court of Appeals for the Third Circuit · Feb 5, 1971

Clearly the regulations themselves are not open to the sweeping interpretation urged by appellant, particularly in light of Mulloy, supra, which established the necessity of proving a prima facie case as a prerequisite to … Therefore, even were I to assume the validity of the Gregory distinction, I would hold that appellant failed in the trial court to sustain the burden of proving the post-baccalaureate II-S status and, consequently, immunity