Case law

Hector v. Watt

Court of Appeals for the Third Circuit · Dec 13, 2000

We are assuming here that a constitutional violation occurred and qualified immunity does not apply. … With the officers' liability for violating Hector's Fourth Amendment right established, and their entitlement to qualified immunity blocked, the S 1983 claim was r emanded to the District Court to determine damages.

Nick Dardovitch v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc., Mark S. Haltzman, in No. 98-1421 Nick Dardovitch v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc., Mark S. Haltzman, in No. 98-1422 Nick Dardovitch in No. 98-1452 v. Mark S. Haltzman, Esquire Catherine A. Backos, as Trustees of Glenn Eagle Square Equity Assoc. Trust Glenn Eagle Square Equity Associates, Inc

190 F.3d 125 · Court of Appeals for the Third Circuit · Sep 7, 1999

It then granted partial summary judgment in favor of Dardovitch, concluding that he was clearly a beneficiary, and ordered an accounting. See Dist. Ct. … "Although the court will consider that the executor acted upon the advice of counsel in determining whether he acted in good faith, this does not provide the executor with complete immunity to a surcharge."

German Ebanks v. Great Lakes Dredge & Dock Co., a Corporation, Merlin B. Payment v. Great Lakes Dredge & Dock Co., a Corporation, Vivian Marie Self, Etc. v. Great Lakes Dredge & Dock Co., a Corporation, Oliden P. Saloman v. Great Lakes Dredge & Dock Co., a Corporation, Bobby E. Laurendine v. Great Lakes Dredge & Dock Co., a Corporation, Bobby Joe Bassham v. Great Lakes Dredge & Dock Co., a Corporation, Edward Burke v. Great Lakes Dredge & Dock Co., a Corporation, Third Party Chevron Shipping Co., Third Party Gene Moore v. Great Lakes Dredge & Dock Co., a Corporation, Third Party Chevron Shipping Co., Third Party Henley Smith v. Great Lakes Dredge & Dock Co., a Corporation, Third Party Chevron Shipping Co., Third Party

688 F.2d 716 · Court of Appeals for the Third Circuit · Sep 27, 1982

Of course, they recognize that it was appropriate for the witnesses for Great Lakes to tell exactly what happened as the tanker bore down on the dredge and its barge, thus clearly showing that it was an act of the large vessel … A concurrent tortfeasor generally may seek contribution from another, id. § 886A, but he is not relieved from liability for the entire damages even when the nondefendant tortfeasor is immune from liability. Id. § 880.

Citizens for Health v. Leavitt

428 F.3d 167 · Court of Appeals for the Third Circuit · Oct 31, 2005

In this case, by contrast, the action that Citizens challenge-the promulgation of the Amended Rule by the Secretary-is clearly government conduct. … The right to discriminate, including the right to discriminate on racial grounds, was now embodied in the State's basic charter, immune from legislative, executive, or judicial regulation at any level of the state government

St. Paul Fire And Marine Insurance Company v. Barbara Lewis

935 F.2d 1428 · Court of Appeals for the Third Circuit · Jul 24, 1991

It is for the insurer to define, refine, and qualify the terms in its policy to cure any patent or latent ambiguity; the risk of a failure to do so, under Pennsylvania law, rests with the insurer. 6 28 While the majority … By slighting the record and the established standard in this court for granting a directed verdict, the majority has given no more than lip service to the established principles of law which I have outlined at the outset

United States v. Ninety-Two Thousand Four Hundred Twenty-Two Dollars And Fifty-Seven Cents ($92,422.57)

307 F.3d 137 · Court of Appeals for the Third Circuit · Sep 20, 2002

These payments could not have been payments for groceries because, as the affidavit clearly sets forth, these stores sold few if any groceries. … We reject the argument that this 11-month gap rendered the information in the affidavit so clearly stale that reasonable officers could not have believed that the warrant was valid. 34 Where "an activity is of a protracted

Anello v. Indian River School District

355 F. App'x 594 · Court of Appeals for the Third Circuit · Dec 14, 2009

establish that the § 504 plan had failed, let alone that Indian River violated the IDEA. … Our independent review of the record indicates that this was not clearly erroneous.

Anello v. Indian River School District

355 F. App'x 594 · Court of Appeals for the Third Circuit · Dec 14, 2009

establish that the § 504 plan had failed, let alone that Indian River violated the IDEA. … Our independent review of the record indicates that this was not clearly erroneous.

Nos. 79-2224, 79-2225

633 F.2d 293 · Court of Appeals for the Third Circuit · Jul 30, 1980

The Instant Proceedings 12 The employer is a sponsor of a qualified pension plan, funded through a tax-qualified trust of which Pittsburgh National Bank is the trustee. The employer is the plan administrator. … obtaining a court order terminating the plan and fixing a date of termination should, the employer urged, be borne by PBGC. 20 PBGC's position at argument was that when the appropriate termination date is contested the court clearly

Betty J. Ashley v. Atlantic Richfield Company

794 F.2d 128 · Court of Appeals for the Third Circuit · Jul 11, 1986

The Supreme Court did not purport to establish a uniform definition of costs that is coterminous with attorney’s fees. 24 Chesny governs actions in which Rule 68 is invoked. … We recognize, however, that there may be settlements in which the plaintiffs claim clearly appears to be legally or factually non-meritorious and, accordingly, in which it appears that the "some benefit obtained” has been

Fireman's Fund Insurance Co., in No. 75-2405 v. Videfreeze Corporation, and David E. Chinnery Development Corp., Inno. 75-2406

540 F.2d 1171 · Court of Appeals for the Third Circuit · Aug 25, 1976

In order to recover, however, the insureds were further obliged to establish the earthquake as the probable cause of the rockslide. … Clearly, we are here faced with an entirely different situation in which the equities dictate a different result — there are no injured third parties, there is no litigation awaiting the outcome of this case, and since the

United States v. De Peri

778 F.2d 963 · Court of Appeals for the Third Circuit · Dec 6, 1985

On re-direct examination, to rebut defense counsel’s implied charge that Ricci constructed this story as a bargaining chip when Ricci sought immunity from prosecution, the government played a tape recorded conversation between … The court then went on to find that the evidence independent of the taped coconspirators’ statements clearly established the existence of a conspiracy involving all of the defendants at the time of the conversations.

Richard E. Davis Priscilla Davis, His Wife v. Portline Transportes Maritime Internacional

16 F.3d 532 · Court of Appeals for the Third Circuit · Mar 28, 1994

Some portions of the Restatement’s approach, however, clearly do not fit within the paradigm the Act constructs. … We think that, once having established a breach of a duty, the record readily establishes the elements of causation and damages, so we may pretermit a protracted discussion of those remaining elements of a negligence claim

In Re: Wilson

Court of Appeals for the Third Circuit · May 15, 2006

Although petitioners argue that our decision in Patenaude supports their position, that case clearly cuts the other way. … Clearly, the [JPML] has the discretion to remand a case when everything that remains to be done is case-specific.

Joshim Uddin v. Attorney General United States

Court of Appeals for the Third Circuit · Sep 25, 2017

The INA, in turn, establishes three different kinds of terrorist organizations. … affirmatively establish that BNP leaders authorized the actions that were terroristic. 21

Yan Qing Chen v. Attorney General of the United States

349 F. App'x 800 · Court of Appeals for the Third Circuit · Oct 22, 2009

To establish eligibility for "withholding of removal, an applicant must demonstrate “a clear probability of persecution.” See Fatin v. INS, 12 F.3d 1233, 1238 (3d Cir.1993). … The BIA’s opinion clearly acknowledged the voluminous record compiled by Chen and concluded that it was insufficient to carry his burden of proof.

William H. Hinton v. The Department of Justice and the Federal Bureau of Investigation

844 F.2d 126 · Court of Appeals for the Third Circuit · Apr 14, 1988

However, the general non-appealability of discovery orders is well-established. See, e.g., Cipollone v. Liggett Group, Inc., 785 F.2d 1108, 1116 (3d Cir.1986); Borden Co. v. Sylk, 410 F.2d 843, 845 (3d Cir.1969); cf. … Moreover, the order at issue fails to qualify as a collateral order under Cohen because it does not conclusively resolve a disputed issue.

In re Baer

169 F.2d 770 · Court of Appeals for the Third Circuit · Aug 16, 1948

The test, however, is not whether the state court established its decision on cs state ground, but rather whether the state ground was adequate. … Co., 1907, 205 U.S. 1, 11 , 27 S.Ct. 407, 408 , 51 L.Ed. 681 , the Court said: “We certainly do not mean to qualify or limit the rule that, for this court to entertain jurisdiction of a writ of error to a state court, it

Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, Inc

369 F.3d 700 · Court of Appeals for the Third Circuit · May 24, 2004

“[Physicians are not immune from confusion or mistake.” Id. (quotation omitted); see also Syntex Labs., Inc. v. … not establish a “serious health risk” and its conclusion that “[therefore, the public interest does not favor” injunctive relief.

Yan Qing Chen v. Attorney General of the United States

349 F. App'x 800 · Court of Appeals for the Third Circuit · Oct 22, 2009

To establish eligibility for "withholding of removal, an applicant must demonstrate “a clear probability of persecution.” See Fatin v. INS, 12 F.3d 1233, 1238 (3d Cir.1993). … The BIA’s opinion clearly acknowledged the voluminous record compiled by Chen and concluded that it was insufficient to carry his burden of proof.