Case law

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."

In re Real Estate Title & Settlement Services Antitrust Litigation

869 F.2d 760 · Court of Appeals for the Third Circuit · Mar 7, 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.

Osama Abdelfattah v. U.S. Department of Homeland Security Michael Chertoff, in His Official Capacity as Secretary of the Department of Homeland Security Magda S. Oriz, Director of Foia/pa Branch U.S. Citizenship and Immigration Service U.S. Immigration and Customs Enforcement Federal Bureau of Investigation. Osama Abdelfattah v. U.S. Department of Homeland Security. Osama Abdelfattah v. U.S. Department of Homeland Security U.S. Citizenship and Immigration Service U.S. Immigration and Custom Enforcement Federal Bureau of Investigation. Osama Abdelfattah v. U.S. Customs and Border Protection U.S. Immigration and Custom Enforcement Osama Abdelfattah

488 F.3d 178 · Court of Appeals for the Third Circuit · May 30, 2007

United States Department of Justice, 60 F.3d 1043, 1056 (3d Cir.1995), for evaluating whether material withheld pursuant to FOIA Exemption 7 qualifies as "records or information compiled for law enforcement purposes." … If it did, we "must then decide whether that determination was clearly erroneous." Id. (citations omitted).

Gabriel TORRE, Appellant, v. CASIO, INC., Appellee

42 F.3d 825 · Court of Appeals for the Third Circuit · Dec 21, 1994

to a protected class, ie. is at least 40 years of age; (2) was qualified for the position; (3) was dismissed despite being qualified; and (4) ultimately was replaced by a person sufficiently younger to permit an inference … Continental Can Co., 812 F.2d 834, 853 (3d Cir.1987). 4 .Because Torre had not clearly stated his position at summary judgment, the district court first evaluated Torre's claim as a direct evidence case and properly concluded

William D. Morris v. Donald H. Rumsfeld, Secretary of Defense

420 F.3d 287 · Court of Appeals for the Third Circuit · Aug 22, 2005

The ALJ found that Morris was a “qualified individual with a disability” and that the DLA had “intentionally discriminated” against him between February 27, 1992, and April 11, 1992, by failing, in spite of his repeated requests … Chandler established that this provision should be viewed as creating a right to de novo consideration of the employee’s claims. Chandler, 425 U.S. at 863 , 96 S.Ct. 1949 . 6 .

United States v. Introcaso

506 F.3d 260 · Court of Appeals for the Third Circuit · Oct 25, 2007

We decide principally whether a 19th-Century shotgun hanging on a defendant’s living room wall qualifies as an “antique firearm” not subject to the general registration requirement of the National Firearms Act, 26 U.S.C. … But because the Government’s evidence was sufficient to establish that he was in possession of the hand grenadfes, we affirm the conviction on the second count.

Calvin Butler v. City of Philadelphia

614 F. App'x 69 · Court of Appeals for the Third Circuit · Jun 9, 2015

Butler acknowledges that, as the officers reported, he possessed hypodermic needles at the time of his arrest, which qualify as “drug paraphernalia” under the statute. See 35 Pa. Cons. Stat. § 780-102(b). … As the District Court explained, police officers are absolutely immune from damages liability based on their testimony in court proceedings. See Briscoe v. LaHue, 460 U.S. 325, 345-46 (1983); Williams v.

Mark Hofkin v. Provident Life & Accident Insurance Company

81 F.3d 365 · Court of Appeals for the Third Circuit · Apr 15, 1996

Clearly he did not do so, and that is why plaintiff is barred from proceeding in this case. Id. at *6 . We reject this reading of § 753(A)(11). … Thus, the argument goes, by informing him that he may qualify for additional residual disability benefits but not telling him that he might qualify for additional total disability benefits, Provident had acted m bad faith

Charles Crissman Wendy Crissman Christine Crissman v. Dover Downs Entertainment Inc. Dover Downs, Inc

289 F.3d 231 · Court of Appeals for the Third Circuit · Nov 8, 2000

I agree that a regulatory relationship alone clearly is insufficient to constitute state action. The Supreme Court so held in Jackson v. … The direct stake of Delaware in the financial arrangements it established in 1993 with its race tracks is undisputed.

Amp Incorporated v. United States

820 F.2d 612 · Court of Appeals for the Third Circuit · Jun 4, 1987

“Absent a clearly expressed legislative intention to the contrary, [statutory] language must ordinarily be regarded as conclusive.” Consumer Prod.Safety Comm’n v. … s method of statutory analysis there: The obvious fact that Congress wanted a broad class of questions to be speedily resolved ... scarcely implies that Congress intended the courts to augment Congresses] enumeration of qualified

In Re Abbotts Dairies of Pennsylvania, Inc., Pennbrook Foods Company, Inc., the Pennbrook Corp., Abbotts Realty, Inc., Abbotts Holding Co., Inc. Appeal of Cumberland Farms Dairy, Inc., No. 85-1543 Appeal of National Farmers' Organization, Inc., No. 85-1544

788 F.2d 143 · Court of Appeals for the Third Circuit · Apr 14, 1986

On the other hand, if it finds that ADC did act "in good faith," then its finding that the prices paid "are fair and reasonable" is not clearly erroneous, and is sufficient to establish that ADC paid "value" for Abbotts' … compete with Abbotts for customers and to continue to serve Abbotts' customers under a different label if the Purchase Agreement was not ultimately approved 2 Abbotts apparently had a line of credit at PNB equal to 65% of its qualified

Anne Galli v. New Jersey Meadowlands Commission Susan Bass Levin, in Her Official and Individual Capacities

490 F.3d 265 · Court of Appeals for the Third Circuit · Jun 20, 2007

These are the appropriateness of the district court's charge that plaintiffs had to prove that politics was a 'substantial motivating factor' in their demotion, whether the defendants were entitled to qualified immunity, … and the availability of punitive damages. .The Third Circuit has clearly adopted a rule that dicta are not binding on courts.

Pierce Associates, Inc. v. Nemours Foundation

865 F.2d 530 · Court of Appeals for the Third Circuit · Dec 29, 1988

I am willing to assume arguendo that the relationship established by the scheme of incorporated provisions precluded the Owner and Subcontractor from asserting contractual claims against each other arising in the ordinary … The district court found that Pierce was fully qualified as an expert. The Federal Rules of Evidence have greatly relaxed the standards for the admissibility of expert testimony.

Jacob Siegel Co. v. Federal Trade Commission

150 F.2d 751 · Court of Appeals for the Third Circuit · Sep 20, 1945

Just as obviously, it clearly appears that there is substantial evidence supporting the Commission’s decision. … The infraction, as the case now stands, is slight and could be cured by simple qualifying language.

Malack v. BDO Seidman, LLP

617 F.3d 743 · Court of Appeals for the Third Circuit · Aug 16, 2010

Rewarding frivolous actions with settlements is clearly undesirable. V. … holding rejecting the fraud-created- the-market theory in its entirety is in no way weakened by the following discussion. 33 Rule 10b-5 to “cases in which the securities were not legally qualified

Hankins v. Temple University

829 F.2d 437 · Court of Appeals for the Third Circuit · Sep 23, 1987

burden of proving by a preponderance of the evidence a prima facie case of discrimination, Bur-dine, 450 U.S. at 252 , 101 S.Ct. at 1093 , whereby she must show that she was terminated from a position for which she was qualified … Hankins’ fellowship, clearly satisfying the second prong of Bur-dine. That evidence suggests the discharge of Dr.

Peter Murphy v. Millennium Radio Grp

650 F.3d 295 · Court of Appeals for the Third Circuit · Jun 14, 2011

Caribbean Int’l News Corp., 235 F.3d 18 (1st Cir. 2000), provides an excellent example of when the use of a photograph for news purposes qualifies as a fair use. … However, they cite no precedent for the proposition that a copyright owner must prove substantial demand for the work in question in order to establish infringement.16 Clearly, at the time the Image was posted on the WKXW

Peter Murphy v. Millennium Radio Grp

650 F.3d 295 · Court of Appeals for the Third Circuit · Jun 14, 2011

Caribbean Int’l News Corp., 235 F.3d 18 (1st Cir. 2000), provides an excellent example of when the use of a photograph for news purposes qualifies as a fair use. … However, they cite no precedent for the proposition that a copyright owner must prove substantial demand for the work in question in order to establish infringement.16 Clearly, at the time the Image was posted on the WKXW

Packard v. Pittsburgh Transportation Co.

418 F.3d 246 · Court of Appeals for the Third Circuit · Aug 12, 2005

Accordingly, PTC bears the burden of proving “plainly and unmistakably” that the drivers qualify for the MCA exemption. See Friedrich v. U.S. Computer Servs., 974 F.2d 409, 412 (3d Cir.1992). A. … The Court found that taxis providing this service were “clearly a part of the stream of interstate commerce.” Id. at 228 , 67 S.Ct. 1560 .

Association of American Publishers, Inc. v. The Governors of the United States Postal Service, Direct Mail Advertising Association, Inc., Intervenors. Associated Third Class Mail Users v. The Governors of the United States Postal Service, J. C. Penney Company, Inc., and United Parcel Service, Intervenors

485 F.2d 768 · Court of Appeals for the Third Circuit · Jun 26, 1973

Sec. 101 et seq., substituted for the long-established Post Office Department the Postal Service, as an "independent establishment of the executive branch of the Government" 39 U.S.C. Sec. 201 . 39 U.S.C. … qualified to make such judgments than the Postal Service or any expert commission.