Case law

Mensah v. Darby Borough Police Department

145 F. App'x 742 · Court of Appeals for the Third Circuit · Aug 19, 2005

Even assuming arguendo that Mensah could show that her claim states a violation, the Darby Police would be immune because to succeed under § 1983, the violated right must be “clearly established.” See Carswell v.

United States v. George Georgiou

777 F.3d 125 · Court of Appeals for the Third Circuit · Jan 20, 2015

It is the “location of the transaction that establishes (or reflects the presumption of) the [Security Exchange] Act’s inapplicability.” Id. at 268. … Thus, there is no basis on which to find the District Court’s loss calculation clearly erroneous.

Thomas D'Amico v. Karen Balicki

592 F. App'x 76 · Court of Appeals for the Third Circuit · Nov 13, 2014

Strickland constitutes “clearly established Federal law” for purposes of habeas relief under § 2254. See Williams v. Taylor, 529 U.S. 362, 391 (2000). … When questioned by his PCR counsel, he initially said he would have pleaded guilty if seven- and five-year consecutive terms had been offered; however, moments later, he qualified that statement by saying, “I would have

Wilfred Holmes v. Christopher Christie

14 F.4th 250 · Court of Appeals for the Third Circuit · Sep 22, 2021

Having clearly understood the nature of the claims Holmes was raising, the District Court reviewed the relevant case law and identified that New Jersey courts had already concluded that Trantino foreclosed Holmes’s ex post … Youngblood, 497 U.S. 37, 46 (1990) (“[B]y simply labeling a law ‘procedural,’ a legislature does not thereby immunize it from scrutiny under the Ex Post Facto Clause.”) (citation omitted)).

E.M. Diagnostic Systems, Inc. v. Local 169, International Brotherhood Of Teamsters, Chauffeurs, Warehousemen And Helpers Of America

812 F.2d 91 · Court of Appeals for the Third Circuit · Mar 12, 1987

An express provision excluding a particular claim from arbitration will suffice to immunize that claim from compulsory arbitration. Nolde Brothers, Inc. v. … IV. 96 I have dissented from the majority opinion in this case because I believe the record and established precedent clearly reveal that (1) the "Functions of Management" clause granted an absolute right to the Company to

United States v. Milton Milan

304 F.3d 273 · Court of Appeals for the Third Circuit · Sep 3, 2002

Hargis was not clearly erroneous. … We also think it clear that Note 5 does not qualify, as Milan argues, as a “special instruction,” a phrase which is used as a term of art in the Guidelines.

United States v. Rao Gollapudi

130 F.3d 66 · Court of Appeals for the Third Circuit · Nov 17, 1997

Section 6531 institutes a general, three-year statute of limitations for criminal prosecutions under the I.R.C. but lists eight exceptions qualifying for a six-year statute of limitations. … The majority claims that the plain meaning of § 6531(4) clearly encompasses § 7202, vitiating any need for other techniques of statutory interpretation.

Pardini v. Allegheny Intermediate Unit

420 F.3d 181 · Court of Appeals for the Third Circuit · Aug 29, 2005

Of course, the issue here is not whether Part C and Part B are the same; they clearly are not. … Congress has clearly recognized that needs of disabled children do not fit neatly into the age-defined stages suggested by the AIU.

Sheridan v. Cabot Corp.

113 F. App'x 444 · Court of Appeals for the Third Circuit · Oct 19, 2004

qualifies as a functional impairment–and her chronic beryllium disease, thus failing to establish a compensable injury under Pennsylvania law. … Without such evidence, Sheridan’s shortness of breath does not qualify as a physical or functional impairment.

In Re: United

Court of Appeals for the Third Circuit · Jan 24, 2005

Accordingly, as we have explained, New Jersey has provided qualifying non-profit organizations with this option. … The non-profit employer’s reimbursement obligation is clearly not a penalty on unlawful activity.

Checkpoint Systems, Inc. v. Check Point Software Technologies, Inc.

269 F.3d 270 · Court of Appeals for the Third Circuit · Oct 19, 2001

The court did not clearly err in its determination. H. … a product’s source thereby receiving a “free ride on the goodwill” of the established mark.

Gould-National Batteries, Inc. v. Gulton Industries, Inc.

361 F.2d 912 · Court of Appeals for the Third Circuit · Jun 17, 1966

It is an established axiom of the patent law that a device or method which would infringe if later than the disputed patent, anticipates if earlier. Chemical Construction Corp. v. … John Deere Co., supra. 17 The claim must fall also because of its failure to meet the requirements of 101; the electrolytic cell therein defined does not qualify as a patentable invention.

United States v. Dennis Nathan, in No. 98-6262 United States of America v. Victor Aron Lander, in No. 98-6263 United States of America v. Electrodyne Systems Corporation, in No. 98-6299

188 F.3d 190 · Court of Appeals for the Third Circuit · Sep 23, 1999

However, the Court clearly relied on the fraud guidelines in sentencing Nathan. See Electrodyne II, 28 F. … He also directed a group that was a "qualified designated entity" (QDE), which meant that it had been given statutory authority to assist aliens in preparing legalization applications.

United States v. Weatherly

525 F.3d 265 · Court of Appeals for the Third Circuit · Mar 31, 2008

presence” jury instruction in order to explain to the jury the legal justification for his defense theory: “Mere presence in the area of any contraband, including a firearm, or awareness of its location is not sufficient to establish … Specifically, Weatherly asserts that the statute is unconstitutional because the jury, not the District Court, should determine whether any of his prior convictions qualified as “violent felonies” or “serious drug offenses

Hugh H. Wilson Corporation v. National Labor Relations Board

414 F.2d 1345 · Court of Appeals for the Third Circuit · Oct 7, 1969

The other employees, who felt that one of their own number would be more qualified for the supervisory post, discussed the problem among themselves, and at various times each man in the crew went individually to complain … group action or that it had some relation to group action in the interest of the employees. 19 330 F.2d at 685 . *1355 We believe that the facts here meet and surpass the threshold of concerted activity test which Mushroom established

Curtis v. Schlumberger Offshore Service, Inc.

849 F.2d 805 · Court of Appeals for the Third Circuit · Jun 14, 1988

Obviously Congress purposefully established a system that would apply without regard to physical location. … The Supreme Court held that because Gray's employment was not inherently "maritime," he did not qualify for benefits under the LHWCA. Herb’s Welding, Inc., 470 U.S. at 427 , 105 S.Ct. at 1429 .

American Society for Testing & Materials v. UPCODES Inc

Court of Appeals for the Third Circuit · Apr 7, 2026

The District Court found that ASTM could establish a prima facie case, but Upcodes was likely to succeed in showing fair use. … For similar reasons, the degree of transformation in UpCodes’ use goes beyond that required to qualify as a derivative. See Warhol, 598 U.S. at 529.

Hans Scheing v. Officer Casey Fountain

Court of Appeals for the Third Circuit · Apr 24, 2018

The defendants again moved to dismiss for failure to state a claim and on qualified immunity grounds. … In so ruling, the District Court did not address the defendants’ alternative argument that they were entitled to qualified immunity. 5

Louis Vadino v. A. Valey Engineers

903 F.2d 253 · Court of Appeals for the Third Circuit · May 22, 1990

Accordingly, in Armcor, we directed the NLRB to “clearly explicate the basis for its decision to issue a bargaining order.” Id. at 244. … He cannot remedy that defect by establishing in the claim brought under section 7(a) of the FLSA that which he should have established under section 301 of the LMRA.

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. … Typically, the carrier's activity is a clearly identifiable element of an integrated interstate distribution system.