Case law

Clayton J. Charbonnet, Jr. v. Sheriff Harry Lee and Lt. Edwin McClendon Donald E. Strain, D.D.S., a Professional Dental Corp., James D. Kiser, D.D.S., a Professional Dental Corp., Joseph J. Collura, D.D.S., a Professional Dental Corp., and Lakeside Dental Group, Defendants-Third-Party v. Continental Casualty Co., Third-Party

951 F.2d 638 · Court of Appeals for the Third Circuit · Jan 28, 1992

immunity defense he presented at trial. … Charbonnet alleged that he established a policy that resulted in the deprivation of his property without due process.

Bethlehem Iron Co. v. Weiss

100 F. 45 · Court of Appeals for the Third Circuit · Feb 16, 1900

The so-called rule of a reasonably safe place, in order to be fitted into the structure of the law of master and servant, must be so limited and qualified by these other rules to which we have been referring, as not to be … The first sets out clearly and sharply the principal point upon which the criticism of the charge delivered by the court below is hung.

Eric Humbert v. Warden SCI Mahanoy

516 F. App'x 85 · Court of Appeals for the Third Circuit · Mar 7, 2013

Finally, we observe that, whether the claims are contemplated under procedural or substantive due process, the defendants would almost certainly be entitled to qualified immunity. See Ashcroft v. al-Kidd, 131 S. … Miller, 189 F.3d 191, 195 (2d Cir. 1999) (per curiam) (qualified immunity properly raised when 4 Grimes also stops short of saying definitively that Humbert should not have been registered in the first

United States v. City Of Philadelphia

644 F.2d 187 · Court of Appeals for the Third Circuit · Feb 19, 1981

This argument is facially appealing because the protection of federal rights clearly is a federal concern. … (the) case would clearly be moot." 427 U.S. at 430, 96 S.Ct. at 2702.

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.

Meditz v. City of Newark

658 F.3d 364 · Court of Appeals for the Third Circuit · Sep 28, 2011

“A district court abuses its discretion if its decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” Johnston v. … “A comparison between the racial composition of those qualified persons in the relevant labor market and that of those in the jobs at issue typically „forms the proper basis for the initial inquiry in a disparate impact case

Edwards v. Kelly

136 F. App'x 468 · Court of Appeals for the Third Circuit · Jun 8, 2005

Having disposed of the claims on this ground, the District Court did not reach the issue of qualified immunity (or immunity under the Pennsylvania Tort Claims Act). … “To determine the materiality of the misstatements and omissions, we excise the offending inaccuracies and insert the facts recklessly omitted, and then determine whether or not the ‘corrected’ warrant affidavit would establish

Sypniewski v. Warren Hills Regional Board Of Education

307 F.3d 243 · Court of Appeals for the Third Circuit · Oct 3, 2002

But the possibility that the policy may become unconstitutional is clearly an undesirable feature. … The Foxworthy T-shirt, however, is clearly not in this category.

Agricultural Cooperative Ass'n v. the Denny

127 F.2d 404 · Court of Appeals for the Third Circuit · Mar 27, 1942

The paper is clearly insufficient to establish Recht’s authority to act for State Steamship Line. … A witness for the libellants, qualified in Russian law, testified that by that law cooperatives are not nationalized.

Atlantic City Municipal Utilities Authority v. Regional Administrator

803 F.2d 96 · Court of Appeals for the Third Circuit · Oct 14, 1986

This decision was based on 40 C.F.R. 35.940-3(d) (1980), which established a preference for the funding of construction of new pollution control facilities, as opposed to the acquisition of existing systems. … Clearly, the ranking of projects in a priority list addresses the relative, not the inherent, merits of each.

Furlong v. Gudknecht

808 F.2d 233 · Court of Appeals for the Third Circuit · Dec 19, 1986

It was not qualified *236 with respect to supervising personnel in the office. … We have noted that Branti established a "new test” for adjudging patronage cases. See Loughney v. Hickey, 635 F.2d 1063, 1064 (3d Cir.1980) (per curiam). .

Fisher Bros. Sales v. United States

46 F.3d 279 · Court of Appeals for the Third Circuit · Jan 25, 1995

. §§ 1346 (b), 2671-2680, waives the federal government’s sovereign immunity with respect to tort claims for money damages. … As the district court found, the Commissioner’s decisions were clearly “matter[s] of choice” for a person occupying his position.

Mizuho Corporate Bank (Usa) v. Cory & Associates, Inc., Defendant-Third Party Plaintiff-Cross-Appellant v. Swett & Crawford of Illinois, Inc. (F/ K/a Insurance Brokers Service, Inc.), Third-Party v. Travelers Indemnity Company, Third-Party Defendant-Cross-Appellee

341 F.3d 644 · Court of Appeals for the Third Circuit · Aug 29, 2003

That statute explicitly immunizes insurance providers such as IBSI and Cory from "civil liability under standards governing the conduct of a fiduciary or a fiduciary relationship...." 735 ILCS 5/2-2201(b). … was "[c]onspicuously absent" from the complaint, save in the ad damnum clause in each count of the complaint). 18 Beyond this, as the district court noted, a separate part of the third-party complaint (Count II) much more clearly

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

G-I Holdings Inc v.

Court of Appeals for the Third Circuit · Jun 17, 2014

The Producer Agreement sets forth the Members’ purposes in entering the agreement and establishing the Center. … But because the Producer Agreement does clearly provide for such a suit, we should not lightly overlook Section X as it is the most relevant provision to the issue at hand.

Kiburz v. England

361 F. App'x 326 · Court of Appeals for the Third Circuit · Jan 19, 2010

The negative consequences of not having Kiburz perform the tasks that could only be completed in the office, see 29 C.F.R. § 1630.2 (n)(3)(iv), are also clearly established by the record. … All of these facts establish that Kiburz’s presence in the office was necessary to perform essential functions of his job.

Hercules Co., Inc. v. The Brigadier General Absolom Baird

214 F.2d 66 · Court of Appeals for the Third Circuit · Jun 17, 1954

repairman is charged with notice of all that reasonable diligence would have disclosed, he is not defeated unless the orderer is explicitly denied authority to bind the vessel. 13 Accepting claimant’s evidence at face value, it establishes … Grening’s testimony as to the terms of the agreement, whether that agreement was written or oral, was clearly objectionable.

Beety-Monticelli v. Commissioner of Social Security

343 F. App'x 743 · Court of Appeals for the Third Circuit · Aug 28, 2009

If the claimant suffers from a severe impairment, that impairment must meet or equal the severity of a qualified impairment identified in the regulations. § 404.1520(d). … Clearly, none of these alleged errors impacts the validity of the District Court’s decision.

Bobby Williamson v. Brian Bolton

Court of Appeals for the Third Circuit · Apr 29, 2025

The relevant defendants clearly would not have had any reason to charge him for lying to an employee if he had not filed the PREA complaint in the first place. … The District Court dismissed Williamson’s state law tort claims, including invasion of privacy, on the basis of sovereign immunity.

Vfb Llc v. Campbell Soup Company

482 F.3d 624 · Court of Appeals for the Third Circuit · Mar 30, 2007

Even if, as VFB implies, the market was suffering from some "irrational exuberance" in establishing VFI's stock price, that gives me no basis for second-guessing the value that was fairly established in open and informed … That contention is clearly wrong.