Case law

EI DuPont De Nemours and Co. v. United States

508 F.3d 126 · Court of Appeals for the Third Circuit · Nov 20, 2007

Section 120 CERCLA § 120(a)(1) contains a waiver of the United States’ sovereign immunity. 42 U.S.C. § 9620 (a)(1). … Co., 416 *132 F.3d 214, 219-20 (3d Cir.2005). 4 On review, we construe all facts and inferences in the light most favorable to the non-moving party, and “judgment will not be granted unless the movant clearly establishes

United States v. George Llewellyn Jones, III

456 F.2d 627 · Court of Appeals for the Third Circuit · Feb 4, 1972

The facts of Witmer , however, are clearly distinguishable from this ease. … This belief is not required in order to qualify as a conscientious objector.

Goodpasture, Inc., Cross-Appellant v. M/v Pollux, Etc., Cross-Appellee, and Negocios Del Mar, S.A., Etc., Defendant-Third Party Cross-Appellee v. Empac Grain Co., Etc., and a Shipment of Wheat of 19,067.949 Metric Tons, Etc., Third-Party Defendant

688 F.2d 1003 · Court of Appeals for the Third Circuit · Oct 12, 1982

Code Ann. § 1.205 (b) (Vernon), should be read as giving "particular meaning to and supplement(ing) or qualify(ing) terms of an agreement." … Our earlier opinion does not fall within the clearly erroneous exception.

Johnson v. Commissioner of Social Security

529 F.3d 198 · Court of Appeals for the Third Circuit · Apr 22, 2008

Therefore, the relevant period for purposes of establishing whether she qualifies for DIB is the time between December 7, 1989, her alleged disability onset date, and March 31, 1991, the date she was last insured. … Johnson had to establish that she was disabled before April 1, 1991. See Bacon v.

Kirk Brisbin, D/B/A Specialty Manufacturing v. Superior Valve Company Sherwood Harsco Corporation Taylor-Wharton Gas Equipment Division Harsco Corporation, Sherwood Taylor-Wharton Gas Equipment Division, Kirk Brisbin, D/B/A Specialty Manufacturing v. Superior Valve Company Sherwood Harsco Corporation Taylor-Wharton Gas Equipment Division

398 F.3d 279 · Court of Appeals for the Third Circuit · Feb 14, 2005

At that point management clearly was not supporting the programs. I was having trouble having correspondence returned.... … Again, this is an issue the Magistrate Judge is best qualified to resolve on remand. 60 4.

Shardar v. Atty Gen USA

Court of Appeals for the Third Circuit · Aug 24, 2004

rather, the State came by later in time looking for the Department report indicates that members respondent . . . is clearly … well-founded fear of future persecution is administered laws’ a factual question that is reviewed by this Court under a substantial evidence does not itself qualify

Clarence Schreane v. Ronnie Holt

482 F. App'x 674 · Court of Appeals for the Third Circuit · May 4, 2012

The remaining defendants filed a motion for summary judgment, arguing, inter alia, that Schreane failed to exhaust his administrative remedies and that, in any event, they were entitled to qualified immunity because Schreane … Prisoners may establish a violation of the First Amendment without establishing an actual injury where there is a pattern and practice of opening properly marked incoming legal mail outside the prisoner’s presence.

National Sea Clammers Ass'n v. City of New York

616 F.2d 1222 · Court of Appeals for the Third Circuit · Feb 5, 1980

Having so held, we reject the federal government defendants’ sovereign immunity argument. … It is established in this circuit and elsewhere that there is no constitutional right to a pollution-free environment. See, e.g., Township of Long Beach v.

United States v. William Curtis, III

683 F.2d 769 · Court of Appeals for the Third Circuit · Jul 13, 1982

After careful review of the record, however, we conclude that this finding is clearly erroneous. … And that was clearly intended to provoke that mistrial request. Transcript of June 23,1981, at 18-19.

Sharon Taxman, Plaintiff-Intervenor v. Board of Education of the Township of Piscataway, Sharon Taxman v. Board of Education of the Township of Piscataway

91 F.3d 1547 · Court of Appeals for the Third Circuit · Aug 21, 1996

Here, Taxman has clearly established that the Board is liable and that she was not paid during the relevant period. … qualified."

Neonatology Associates, P.A. v. Commissioner of Internal Revenue (Tax Court No. 97-1201) John J. And Ophelia J. Mall v. Commissioner of Internal Revenue (Tax Court No. 97-1208) Estate of Steven Sobo, Deceased and Bonnie Sobo, and Bonnie Sobo, Surviving Wife v. Commissioner of Internal Revenue (Tax Court No. 97-2795) Akhileshi S. And Dipti A. Desai v. Commissioner of Internal Revenue (Tax Court No. 97-2981) Kevin T. And Cheryl McManus v. Commissioner of Internal Revenue (Tax Court No. 97-2985) Arthur and Lois M. Hirshkowitz v. Commissioner of Internal Revenue (Tax Court No. 97-2994) Lakewood Radiology, P.A. v. Commissioner of Internal Revenue (Tax Court No. 97-2995) Neonatology Associates, P.A., John J. And Ophelia Mall, Estate of Steven Sobo, Deceased, and Bonnie Sobo, and Bonnie Sobo, Surviving Wife, Akhilshi S. And Dipti A. Desai, Kevin T. And Cheryl McManus Arthur and Lois M. Hirshkowitz and Lakewood Radiology, P.A.

299 F.3d 221 · Court of Appeals for the Third Circuit · Jul 29, 2002

Mall, and Cohen, established the Neonatology Plan under the SC VEBA on January 31, 1991, effective January 1, 1991. … This factual finding was not clearly erroneous. See Comm'r v.

Resolution Trust Corp. v. Gill

960 F.2d 336 · Court of Appeals for the Third Circuit · Mar 31, 1992

In addition, a right to withdraw qualifies as a right to property for purposes of section 6331. Id. at 725 , 105 S.Ct. at 2927 . … If true, these services qualify as value given. See id. § 3303(2) (payment of an antecedent claim constitutes value).

Spruill v. Gillis

Court of Appeals for the Third Circuit · Jun 18, 2004

The District Court qualified immunity defense, which it is had jurisdiction over this action pursuant not. … See DC-ADM 804, officials clearly knew Brown was alleged Part VI.A.1.e (“Grievances must be to be implicated.

Keith A. Boudreaux v. American Workover, Inc., Awi, Inc., Third-Party v. American Insurance Co., Third-Party

680 F.2d 1034 · Court of Appeals for the Third Circuit · Jul 6, 1982

The precise issue is whether the employer is immune from the indemnification demand as an employer covered by the LHWCA; it is contended that the employer should be denied this immunity because its employee, although injured … Within this zone, Davis effectively established a regime of concurrent jurisdiction. Calbeck v.

In Re Real Estate Title and Settlement Services Antitrust Litigation. Appeal of Tucson Unified School District and Phoenix Elementary School District No. 1

869 F.2d 760 · Court of Appeals for the Third Circuit · Apr 5, 1989

School boards are clearly "state actors," but that fact is immaterial; private corporations can also be state actors, see Burton v. … We further note that in interpreting the Eleventh Amendment, the Supreme Court has held that school boards, despite their link to the state that created them, do not partake of the state's sovereign immunity.

Merkle v. Upper Dublin Schl. Dist.

Court of Appeals for the Third Circuit · May 9, 2000

qualified immunity. … A defendant is entitled to qualified immunity if reasonable officials in the defendant's position at the relevant time "could have believed, in light of clearly established law, that their conduct comported with established

Timothy Anstine v. Jerome Adams

Court of Appeals for the Third Circuit · May 6, 2024

established.” … As a result, the Appellees would be protected by qualified immunity in any event. 7

Delta Air Lines, Inc. v. Chimet, S.P.A.

619 F.3d 288 · Court of Appeals for the Third Circuit · Aug 30, 2010

Consistent with this established precedent, the District Court concluded that Delta’s choice of forum should be afforded “considerable deference.” App. 27. … The court also concluded that “the administrative difficulties flowing from court congestion is a neutral factor” and that the courts in the two countries are “equally qualified to interpret and enforce” the Montreal Convention

In Re Aetna, Inc. Securities Litigation

617 F.3d 272 · Court of Appeals for the Third Circuit · Aug 11, 2010

The issue on appeal is whether defendants’ statements were immunized by the safe harbor. 12  1. … Conclusion We hold that the PSLRA safe harbor for forward-looking statements immunizes defendants from liability for securities fraud.

Bank of America National Trust and Savings Association, a National Banking Association, in No. 87-1322 v. Hotel Rittenhouse Associates, a Pennsylvania Limited Partnership, Wolgin, Jack L., Jack L. Wolgin Associates, Inc., a Pennsylvania Corporation, Both General Partners of Hotel Rittenhouse Associates, and Wolgin, Jack L. And Wolgin, Muriel, Husband and Wife v. Nilsi, N v. Abohar Investments, N v. And Khalid Y. Al-Marzook, Jassim Y. Al-Marzook, Faisal Y. Al-Marzook, Fab III Concrete Corporation, Proposed Intervenor, in No. 87-1322. Fab III Concrete Corporation, in No. 87-1323 v. Bank of America National Trust and Savings Association, in No. 87-1323

844 F.2d 1050 · Court of Appeals for the Third Circuit · Apr 26, 1988

FAB particularly desires to intervene in this action because the escrow, upon which FAB wishes to obtain interest, was established pursuant to a negotiated agreement supervised by the court in this case, and the district … Furthermore, because HRA and the Bank are joint obligors, HRA will not qualify as an indispensable party.