Case law
Opinions from 1658 to today.
9,730 results
0.98s
890 F.2d 611 · Court of Appeals for the Third Circuit · Nov 22, 1989
These charges are not sufficient indicia of reduced rank to support the jury's finding of a constructive reduction in rank. 41 Clark clearly did not like the changes in his duties. … Although the facts in that case were somewhat similar, in that the city council voted to disclose an internal investigation of the police chief to the media, the only issue before the Court was the qualified immunity of cities
Cited 2 timesPublishedEstate of Frank P Lagano v. Bergen County Prosecutors Office
Court of Appeals for the Third Circuit · Sep 22, 2025
In a prior appeal in this case, we held that the Estate’s claims were not time-barred and vacated the District Court’s finding that defendants Michael Mordaga and the Bergen County Prosecutors Officer (“BCPO”) were immune … ‘a gross abuse of discretion resulting in fundamental unfairness in the trial of the case.’” 7 A District Court abuses its discretion when it issues a decision that rests on a “clearly erroneous finding of fact, an errant
Cited 0 timesUnpublishedSusan Galette v. Avenue 365 Lending Services LLC
Court of Appeals for the Third Circuit · Feb 7, 2025
To establish a prima facie case of disability discrimination, Galette must show: 1) she has “a disability within the meaning of the ADA”; 2) she is “otherwise qualified to perform the essential functions of the job, with … A prima facie case of age discrimination requires Galette to establish: 1) she was “at least forty years old”; 2) she “suffered an adverse employment decision”; 3) she “was qualified for the position in question”; and 4
Cited 0 timesUnpublishedLawrence B. Thomas, and Cross-Appellant v. E. J. Korvette, Inc., and Cross-Appellee
476 F.2d 471 · Court of Appeals for the Third Circuit · May 3, 1973
This proof without more would have failed to establish lack of probable cause and presence of improper purpose; on the contrary, it would have established probable cause as a matter of law. … The individual who allegedly spoke these words was not identified and his authority to give character information about employees was not clearly established.
Cited 102 timesPublishedJeffrey Justofin v. Metropolitan Life Insurance Co.
372 F.3d 517 · Court of Appeals for the Third Circuit · Aug 12, 2004
The record before us, however, does not clearly establish that Loretta even had rheumatoid arthritis or that her use of Prednisone was to treat her presumably rheumatoid condition. 11 Therefore, a jury must determine whether … The unrebutted affidavit of a MetLife representative establishes that Dr.
Cited 54 timesPublished275 F.3d 291 · Court of Appeals for the Third Circuit · Jan 3, 2002
Employees qualify for these various benefits by meeting certain "eligibility service" and "credit service" benchmarks. … It is undisputed that Ceramics, or any other successor company for that matter, does not qualify as an "Employer" under the express terms of the Plan.
Cited 0 timesPublishedCourt of Appeals for the Third Circuit · May 18, 2005
We must thus decide whether the state courts’ “adjudication of the claim . . . resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the … The stark pattern here qualifies.
Cited 0 timesPublished278 F.2d 643 · Court of Appeals for the Third Circuit · May 26, 1960
We hold therefore that the Foundation is entitled to non-taxable status within the purview of Section 101(6). 13 Since we have found that the Foundation qualifies under Section 101(6) we need not discuss the applicability … the Tax Court upon this issue. 18 The sum of $6,000 per annum for the value of McGillick's services to McGillick Company for the calendar years 1948 and 1949 fixed by the Commissioner and sustained by the Tax Court is not clearly
Cited 2 timesPublishedTrinity Industries Inc v. Greenlease Holding Co
903 F.3d 333 · Court of Appeals for the Third Circuit · Sep 11, 2018
But it can typically only do so if such orphan shares belong to entities that are unknown, insolvent, or immune from suit. See Litgo N.J. Inc. v. Comm’r N.J. Dep’t of Envtl. … First, Trinity contends that Ampco is directly liable because it qualifies under CERCLA as an “operator” of the North Plant.
Cited 50 timesPublishedWilson v. Virgin Islands Water & Power Authority
470 F. App'x 72 · Court of Appeals for the Third Circuit · Mar 8, 2012
VIDOL found that Wilson qualified for unemployment benefits beginning August 21, 2005. … The District Court denied that motion as it had recently determined that sovereign immunity did not apply to WAPA.
Cited 1 timesUnpublishedMarc Zitter v. Christopher Petruccelli
Court of Appeals for the Third Circuit · Jul 31, 2018
immunity fail. … Katz, 533 U.S. 194, 201 (2001) (to overcome the defense of qualified immunity, a plaintiff must plead facts showing a violation of a clearly established constitutional or statutory right); A.M. ex rel. J.M.K. v.
Cited 0 timesUnpublishedElliot Coal Mining Co. v. Director, Office of Workers' Compensation Programs
17 F.3d 616 · Court of Appeals for the Third Circuit · Feb 9, 1994
Midland Bank, 551 F.2d 21, 34 (3d Cir.1977) (lack of a comma limited application of the qualifying language to the word immediately preceding it). … This distortion is made clearly apparent by the regulatory definition of “operator” which was promulgated after the 1977 amendments to the statute.
Cited 49 timesPublished789 F.2d 196 · Court of Appeals for the Third Circuit · Apr 28, 1986
Camiel is clearly distinguishable from the case before us as there is no evidence of antagonistic groups. We find that the evidence presented does support the jury’s finding of a single conspiracy. … Clearly, the jury did not believe Stoneman’s explanations of his actions. We find that the jury could properly infer guilt from the evidence presented. See United States v.
Cited 90 timesPublishedBarber v. CSX Distribution Services
68 F.3d 694 · Court of Appeals for the Third Circuit · Oct 16, 1995
That interview report, dated April 5, 1990, stated that Barber was "qualified but [did] not possess the credentials of Kathy Ball" who was selected. … We agree with the district court's conclusion that Barber established a prima facie case.
Cited 3 timesUnknownWilliams v. Borough Of West Chester
891 F.2d 458 · Court of Appeals for the Third Circuit · Jan 8, 1990
" or "what possibly could be established" at a trial. … Furthermore, many of the statements within the affidavit were hearsay and would be inadmissible unless they qualified as hearsay exceptions.
Cited 88 timesPublishedLuisa Tacuri Yuqui v. Attorney General United States of America
Court of Appeals for the Third Circuit · Jul 31, 2024
The BIA found that petitioners failed to demonstrate the requisite “exceptional and extremely unusual hardship” to their qualifying relative. 8 U.S.C. § 1229b(b)(1)(D). … Here, the BIA denied petitioners’ application for cancellation of removal because they did not establish that their removal would result in exceptional and extremely unusual hardship to their qualifying relative.
Cited 0 timesUnpublishedSean Park v. Temple University
Court of Appeals for the Third Circuit · Dec 11, 2018
Buchan, 710 F.3d 698, constitutional right [that] was ‘clearly established’ at the time of the challenged conduct.” Mammaro v. N.J. … Indeed, the Sixth Circuit has deemed that right to have been clearly established well before then. Doe, 882 F.3d at 604; Heyne, 655 F.3d at 568. Thus, Dean Ismail is not eligible for qualified immunity at this stage.
Cited 0 timesUnpublished68 F.3d 788 · Court of Appeals for the Third Circuit · Oct 20, 1995
While Carbone clearly has broad application, it did not establish a per se rule subjecting all flow control ordinances to strict scrutiny. … Rather, it was attributable to the failure of any out-of-state disposal facility to bid on the contract, and the evidence clearly established that the procedures followed by the Authority in selecting a disposal site were
Cited 36 timesPublishedUnited States v. John Paul Malinowski
472 F.2d 850 · Court of Appeals for the Third Circuit · May 7, 1973
In other words, it is commonly conceded that the exercise of a moral judgment based upon individual standards does not carry with it legal justification or immunity from punishment for breach of the law. … But the occasional use of this phrase does not establish that an ignoble motive is a necessary element of crime.
Cited 119 timesPublishedUnited States v. Mitchell Antar, in 94-5228. United States of America v. Eddie Antar, in 94-5230
53 F.3d 568 · Court of Appeals for the Third Circuit · Apr 12, 1995
However, our precedent clearly establishes that under this statutory provi *573 sion, which contains no explicit timeliness requirement, even when such motions are not made in the district court, we can exercise review over … As Eddie’s trial counsel put it, the civil ease and the criminal case are “clearly interrelated.” App. 167.
Overruled — as noted by 2 later courtsCited 114 timesPublished
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