Case law

Jamie Huber v. Simons Agency Inc

84 F.4th 132 · Court of Appeals for the Third Circuit · Oct 12, 2023

Cir. 2020), as those statutory decisions do not answer the constitutional question of when a harm qualifies as an informational injury for purposes of Article III. … Huber has established that detrimental action for the reasons the District Court adeptly summarized.

United States v. Steven J. O'Brien

972 F.2d 47 · Court of Appeals for the Third Circuit · Aug 4, 1992

The court held that breaking and entering, whether of an occupied or unoccupied dwelling, qualified as “burglary.” Id. at 188 . … If the agreement [to commit a crime] has been established but the object has not been attained, virtually any act will satisfy the overt act requirement.

Moffatt Enterprises, Inc., Eugene Moffatt, Raymond Moffatt, Robert Moffatt and Sidney Moffatt v. Borden Inc., a Corporation v. Kathryn Moffatt, Patricia A. Moffatt, and Renee M. Moffatt

807 F.2d 1169 · Court of Appeals for the Third Circuit · Feb 20, 1987

It contained the same contractual provisions reserving to Borden the absolute right to discontinue Insulspray production, and immunizing the parties from liability for not renewing the distributorship, as in the original … Peoples National Bank, 714 F.2d 1207, 1215 (3d Cir.1983) (requiring clear and convincing evidence to establish fraud); Rippee v.

Radich v. Goode

886 F.2d 1391 · Court of Appeals for the Third Circuit · Oct 6, 1989

Rule 56(f) clearly requires that an affidavit be filed. … argue that "mere presence” on private property is not enough to support a conviction for criminal trespass under Pennsylvania law, citing White for the proposition that only conduct that constitutes a "breach of the peace" qualifies

Connors v. Chrysler Financial Corp.

160 F.3d 971 · Court of Appeals for the Third Circuit · Nov 17, 1998

Under McDonnell Douglas, Connors must first establish a prima facie case using indirect evidence by showing that he (1) was a member of a protected class, i.e., that he was over 40, (2) was qualified for the position at * … The retirement was “involuntary” only in that the difference between the two companies’ retirement and benefits packages made retirement the clearly preferable option based on the financial repercussions of the decision.

Ettinger, Leonard L., Trustee in Bankruptcy of John S. Milne, Inc. v. Central Penn National Bank

634 F.2d 120 · Court of Appeals for the Third Circuit · Nov 7, 1980

resolution was not clearly foreshadowed .... … Mounds View School District, 264 Minn. 279, 281, 293-94 , 118 N.W.2d 795, 796, 803 (1962) (overruling tort immunity of school districts); see also Schaefer, The Control of “Sunbursts": Techniques of Prospective Overruling

Beth v. Carroll

87 F.3d 80 · Court of Appeals for the Third Circuit · Sep 15, 1995

Section 1415 of the Act provides: 22 (a) Establishment and maintenance 23 Any State educational agency ... which receives assistance under this subchapter shall establish and maintain procedures in accordance with subsection … Because the district court failed to address directly the plaintiffs' assertion of an express right of action under § 1415, that court never discussed whether the plaintiffs may qualify for a waiver of § 1415's exhaustion

United States v. Leo

941 F.2d 181 · Court of Appeals for the Third Circuit · Jul 25, 1991

Here, the district court did not rule that Kennedy was qualified to give expert testimony. … Likewise, Leo did not establish Zippel’s qualification as someone particularly qualified to see through a fog of lies.

Mary A. Coleman v. Home Depot, Inc. Mary A. Coleman, Home Depot U.S.A., Inc.

306 F.3d 1333 · Court of Appeals for the Third Circuit · Oct 9, 2002

As a result of not being allowed to transfer to a position she was qualified to perform, Charging Party's employment was affected when her employment was terminated effective February 13, 1997 for not being able to perform … Based on the evidence of record, there is reasonable cause to believe that sex (Female) were [sic] motivating factors in Respondent’s decision not to hire and/or transfer qualified females into sales positions at a higher

Transportation, Technical, Warehouse, Industrial & Service Employees Union v. Government Of The Virgin Islands

794 F.2d 915 · Court of Appeals for the Third Circuit · Aug 13, 1986

In any event, "[t]o establish salaries is not to appropriate funds for them." Town of Arlington v. Board of Conciliation & Arbitration, 370 Mass. 769, 776 , 352 N.E.2d 914, 920 (1976). … PERB shall assist the parties in voluntarily resolving the disputes; (3) upon request of either party, or upon its own motion, the PERB shall submit the unresolved issues to a mediator selected by the PERB from a list of qualified

ADAPT v. Phila Housing Auth

Court of Appeals for the Third Circuit · Jan 9, 2006

The District Court, refusing to read a wheelchair or similar requirement into the Agreement and declining to establish a rigid hierarchy among eligible disabled persons, concluded that PHA, in placing the individuals in question … Conceptually speaking, Lazy Oil construed the Cape May Greene rule as broader than the limitations established by FirsTier, thus encompassing more situations than those strictly controlled by FRAP 4(a)(2).

Markel v. McIndoe

Court of Appeals for the Third Circuit · Jul 11, 1995

not qualify him for the job." … [g]ranting to any . . . individual any special or exclusive privilege or immunity."

Dreher v. Pinchak

61 F. App'x 800 · Court of Appeals for the Third Circuit · Mar 3, 2003

Seifrit was arrested in August of 1986, received a grant of immunity, and became the key witness in the prosecution’s case against Petitioner. … The District Court was clearly concerned about the admission of Dr. Tucker’s testimony, writing that “[e]ven under the liberal standards of the Federal Rules of Evidence, Dr.

Inmates Of The Allegheny County Jail v. Pierce

716 F.2d 177 · Court of Appeals for the Third Circuit · Aug 29, 1983

II. 4 Absent a local rule establishing a time limit, the timeliness of an application for attorney's fees is a matter for the district court's discretion. White v. … The requisite consideration is beyond that necessary to determine if plaintiff was sufficiently successful to qualify as a prevailing party and requires an evaluation of the interrelationships between plaintiff's successful

Patrick Thomson v. Luke Drummond

Court of Appeals for the Third Circuit · Nov 15, 2017

Specifically, Plaintiff’s submissions failed to establish this Court’s jurisdiction over his claims in light of the doctrines of ripeness, qualified immunity, and immunity under the Eleventh Amendment … Pennsylvania, 302 F.3d 161, 168 (3d Cir. 2002); qualified immunity, which is an affirmative defense a defendant may invoke based upon his objectively reasonable belief that his actions were lawful based on the established

Izquierdo v. Attorney General of the United States

352 F. App'x 682 · Court of Appeals for the Third Circuit · Nov 20, 2009

Analysis Izquierdo challenges the denial of withholding of removal. 2 To qualify for relief, Izquierdo bore the burden of demonstrating a “clear probability” of future persecution, by showing “it is more likely than not” … The BIA concluded that the IJ’s factfinding was not clearly erroneous, see BIA Decision, A.R. 4, and then appropriately applied the correct legal standard to those facts.

Izquierdo v. Attorney General of the United States

352 F. App'x 682 · Court of Appeals for the Third Circuit · Nov 20, 2009

Analysis Izquierdo challenges the denial of withholding of removal. 2 To qualify for relief, Izquierdo bore the burden of demonstrating a “clear probability” of future persecution, by showing “it is more likely than not” … The BIA concluded that the IJ’s factfinding was not clearly erroneous, see BIA Decision, A.R. 4, and then appropriately applied the correct legal standard to those facts.

Fraternal Order of Eagles, No. 778 v. United States

57 F.2d 93 · Court of Appeals for the Third Circuit · Mar 1, 1932

If the procedure of the agents in this case may be practiced by government officials, then no home in the land is safe, and the Fourth Amendment fails to accomplish its primary object in establishing the "right of the people … Clearly not. Before search warrants were issued, not one, but two, persons made affidavits to the effect that they had been in the Eagle Clubs and had bought unlawful intoxicating liquors therein.

Crystallex International Corp v. Bolivarian Republic of Venezue

24 F.4th 242 · Court of Appeals for the Third Circuit · Jan 18, 2022

Compania Colombiana Del Caribe, S.A., 339 U.S. 684, 693 (1950). 13 established precedent from an analogous area”—cases involv- ing “prejudgment attachments.” … At the time, “it [was] by no means uncommon for the court to refuse to interfere upon motion,” even “where the [execution] proceedings [were] clearly erroneous,” and require the filing of a post-judgment writ.

No. 72-1837

485 F.2d 387 · Court of Appeals for the Third Circuit · Sep 20, 1973

Finally, the program began to seek apprentices from outside the established job referral group. … Szuchon's request for the tribunal was clearly and obviously intended to obtain redress for Szuchon's removal from the Union's referral list.