Case law

Georgevich v. Strauss

772 F.2d 1078 · Court of Appeals for the Third Circuit · Sep 5, 1985

The Virginia defendants claimed both legislative and judicial immunity. The Supreme Court distinguished between the judges’ legislative, adjudicative and enforcement functions. … Plaintiffs are merely seeking to have state court judges follow certain due process procedures, which some of the members of the class already voluntarily follow, and which state statutes clearly provide for other inmates

Armstead v. United States Department of Housing & Urban Development

815 F.2d 278 · Court of Appeals for the Third Circuit · Mar 31, 1987

The plaintiff’s affidavit clearly set out the facts establishing her compliance with HUD’s letter. HUD filed two responsive affidavits. … The people at work there are not automatons; they are human beings, not immune from lapses in procedure because of distractions, overwork, forgetfulness, carelessness, or other foibles to which we are all vulnerable.

Government of the Virgin Islands v. Jose Lima, Sr.

774 F.2d 1245 · Court of Appeals for the Third Circuit · Oct 17, 1985

Under the rule established in United States v. … While we do not think that bench verdicts are immune from Fed. R.Crim.P. 33 review, our latitude is severely constricted by the Supreme Court’s decision in United States v.

United States v. USX Corp.

68 F.3d 811 · Court of Appeals for the Third Circuit · Oct 23, 1995

Clearly, the ADS Defendants’ claimed prejudice did not warrant dismissal of the United States cost recovery action. … Our application of section 107(a)(4) as it was written does not immunize officers and directors who personally participate in liability-creating conduct.

United States v. Parcel of Real Property Known as 6109 Grubb Road, Etc. Appeal of Jane Diloreto

890 F.2d 659 · Court of Appeals for the Third Circuit · Dec 15, 1989

The district court, relying in part on hearsay evidence introduced by the government, concluded that Jane DiLoreto did not qualify as an innocent owner under § 881(a)(7) because she either knew or deliberately blinded herself … I find it inconceivable that Congress, by placing the burden on the owner to establish innocence rather than on the government to establish culpability, intended to add to the elements necessary to justify a *663 forfeiture

Clark v. Cohen

794 F.2d 79 · Court of Appeals for the Third Circuit · Jun 26, 1986

That finding is not clearly erroneous. … Jacobs, The Eleventh Amendment and Sovereign Immunity (1972); Field, The Eleventh Amendment and Other Immunity Doctrines, 126 U.Pa.L.Rev. 515, 1203 (1978); Nowak, The Scope of Congressional Power to Create Causes of Action

United States v. Maurice S. Osser

864 F.2d 1056 · Court of Appeals for the Third Circuit · Jan 24, 1989

“The mail fraud statute clearly protects property rights, but does not refer to the intangible right of the citizenry to good government.” Id. at -, 107 S.Ct. at 2879 . … U.S. 715, 724 , 91 S.Ct. 1041, 1046 , 28 L.Ed.2d 434 (1971), that “even the use of impeccable factfinding procedures could not legitimate a verdict” where “we have held that the conduct being penalized is constitutionally immune

Halderman v. Pennhurst State School & Hospital

612 F.2d 84 · Court of Appeals for the Third Circuit · Dec 19, 1979

The provision's major thrust clearly is directed toward ensuring the handicapped equal access to federally-funded programs. … The County defendants urge that the finding that they have such a financial incentive is clearly erroneous.

International Union of Operating Engineers, Local 542 v. Delaware River Joint Toll Bridge Commission

311 F.3d 273 · Court of Appeals for the Third Circuit · Nov 19, 2002

Wheeling & Belmont Bridge Co., 54 U.S. (13 How.) 518 , 566, 14 L.Ed. 249 (1851), the interpretation of which “involves a federal ‘title, right, privilege, or immunity.’ ” Del. River Joint Toll Bridge Comm’n v. … New York View The New York standard was most clearly articulated by the Court of Appeals of *277 New York in Malverty v.

27 Fair empl.prac.cas. 749, 27 Empl. Prac. Dec. P 32,287 Bronze Shields, Inc., Percell Goodwyn, Ramon Gonzalez, Hipolito Hernandez, Frank Howard, Jr., Willie C. Jackson, Johnson Livingston, Claude Pittman, John W. Reid, Willie C. Sanders, Marvin E. Thomas, Alonzo Williams, Rubin J. Battle, Floyd Bostic, Jr., Lynette Crawford, Charles Harris, Olivia Howard v. The New Jersey Department of Civil Service, Ralph P. Shaw, Chief Examiner of the Department of Civil Service, the New Jersey Civil Service Commission, S. Howard Woodson, President of the Civil Service Commission, Thomas Deluca, John Holden, Matthias Rodriguez and Charles Walther, Commissioners of the Civil Service Commission, the City of Newark, New Jersey, a Municipal Corporation, John Redden, Director of the Newark Police Department

667 F.2d 1074 · Court of Appeals for the Third Circuit · Dec 28, 1981

established law. … First, Evans did not reverse clearly established law. The continuing violations theory was in its embryonic stages at the time the plaintiffs supposedly relied on it in 1975.

Daggett v. Kimmelman

811 F.2d 793 · Court of Appeals for the Third Circuit · Feb 12, 1987

In their cross-appeal, the state legislators raise the following issues: (1) legislative immunity; (2) the absence of the § 1983 action prerequisite to a § 1988 award; and (3) mootness. … defaulted yet again [on its obligation to adopt and implement a legally valid apportionment plan for county commissioner and justice of the peace precincts] had the plaintiffs not intervened,” the district court was not clearly

Patricia Flores v. Attorney General United States

856 F.3d 280 · Court of Appeals for the Third Circuit · May 8, 2017

Code to discover other offenses that might qualify as obstruction-of-justice crimes. … a nexus between the defendant’s conduct and a particular official proceeding before a judge or court of the United States that the defendant' contemplated.” 70 Section 1512(c)(2)—which involves “any official proceeding”—clearly

Traci Berardelli v. Allied Services Institute of R

900 F.3d 104 · Court of Appeals for the Third Circuit · Aug 14, 2018

The heart of the statute, § 504, established that “[n]o otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits … Ultimately, M.B. had such a gaping educational deficit that she could not even qualify in the public school system to repeat fifth grade, regressing instead to the fourth.

Contreras v. Attorney General of United States

665 F.3d 578 · Court of Appeals for the Third Circuit · Jan 4, 2012

Finally, the BIA concluded that the IJ’s factual findings were not clearly erroneous and that she had not erred in concluding that the Contrerases “did not receive ineffective assistance from [their] former attorney during … The IJ was not misled, as her decision denying the Contrerases’ motion to reopen noted that 16 counsel was unable to establish that any appeal was timely filed.

Stanton v. Astra Pharmaceutical Products, Inc.

718 F.2d 553 · Court of Appeals for the Third Circuit · Sep 26, 1983

The jury heard the testimony of four well qualified expert witnesses. … Accordingly, Astra insists that the regulations here at issue did not “clearly apply” to Xylocaine.

Nelida Cabeda v. Attorney General United States

971 F.3d 165 · Court of Appeals for the Third Circuit · Aug 18, 2020

Stat. § 3123(a)(7), the IJ ruled that Cabeda’s crime qualified as sexual abuse of a minor. … Section 302(c) itself refers to “the culpability sufficient to establish a material element of an offense[,]” and it provides alternative mental states for determining whether “such element is established[.]”

Zugalla v. International Mercantile Agency

142 F. 927 · Court of Appeals for the Third Circuit · Jan 16, 1906

established the court can do nothing. … To doubt such a case is to deny. « * * “But until Insolvency Is proved no foundation is laid for the exercise of discretion, and in any case, where the proof fails to establish that fact, clearly and satisfactorily, the court

Singletary v. Pennsylvania Department Of Corrections

266 F.3d 186 · Court of Appeals for the Third Circuit · Sep 21, 2001

1999, the District Court granted this motion in part by dismissing Singletary's S 1983 claims against these defendants on Eleventh Amendment grounds, but denied their motion to dismiss the pendent state claims on sovereign immunity … Moore, Moore's Federal Practice S 15.19[3][c], at 15-88 to 15-89 (3d ed. 2001) ("Legal counsel shared by the original and new defendants is not sufficient to establish an identity of interest."

United States Court of Appeals, Third Circuit

952 F.2d 742 · Court of Appeals for the Third Circuit · Dec 30, 1991

, but he was entitled to qualified immunity from damages because he did not violate clearly established law. … law" and was therefore entitled to qualified immunity from damages, id. at 562 .

prod.liab.rep.(cch)p 11,580 Daraleen Mason v. F. Lli Luigi and Franco Dal Maschio Fu G.B. S.N.C., a Partnership, Third-Party Cross-Appellant v. Libman Broom Company, Third-Party Cross-Appellee

832 F.2d 383 · Court of Appeals for the Third Circuit · Oct 6, 1987

Dal Maschio is not qualified to do business in Illinois. It has no office, telephone listing or registered agent there. … In light of the purpose behind section 5(a), Libman's argument that it is not "subject to liability" because it is immunized from a tort suit by section 5(a) might seem correct.