Case law

Louis Simon Howard Asher Henry F. Miller Suzanne Peterson, Executors of the Estate of B. Kenin Hart, Deceased v. United States of America (d.c. Civil No. 01-Cv-05671) Mary Schalliol, as Personal Representative of the Estate of Dennis Schalliol, Deceased v. John Fare, Jr., as Personal Representative of the Estate of John Fare Hart Delaware Corporation United States of America Mary Schalliol, in 02-3996 John Fare, Jr., in 02-3997 (d.c. Civil No. 01-Cv-00224)

341 F.3d 193 · Court of Appeals for the Third Circuit · Aug 20, 2003

II. 21 The Federal Tort Claims Act waives sovereign immunity against persons suing the federal government for commission of various torts. … None of these cases, however, establishes that Indiana law embraces depecage.

Quintez Talley v. Clark

Court of Appeals for the Third Circuit · Apr 14, 2021

First, while Appellees argue they are qualifiedly immune from Talley’s Eighth Amendment claims, this argument fails because they did not invoke qualified immunity in the District Court. See Bines v. … Att’y Gen., 655 F.3d 333, 339 (3d Cir. 2011) (“The obligation to liberally construe a pro se litigant’s pleadings is well-established.”).

Quintez Talley v. Clark

Court of Appeals for the Third Circuit · Apr 14, 2021

First, while Appellees argue they are qualifiedly immune from Talley’s Eighth Amendment claims, this argument fails because they did not invoke qualified immunity in the District Court. See Bines v. … Att’y Gen., 655 F.3d 333, 339 (3d Cir. 2011) (“The obligation to liberally construe a pro se litigant’s pleadings is well-established.”).

Tunis Brothers Company, Inc. v. Ford Motor Company

763 F.2d 1482 · Court of Appeals for the Third Circuit · Jun 24, 1985

this veritable mountain of briefs and appendices, the trial judge, unintentionally of course, tilted the scale against plaintiffs by failing to factor into the overall conspiracy equation certain significant evidence that clearly … It in no way established "unity of purpose or common design among distributors and dealers on a horizontal level."

Reform Party of Allegheny County v. Allegheny County Department of Elections Mark Wolosik, Director of the Allegheny County Department of Elections

174 F.3d 305 · Court of Appeals for the Third Circuit · Mar 30, 1999

An abuse of discretion may be found when “the district court’s decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” International Union, UAW v. … Indeed, in describing the California statute, the Court in Storer observed that, apart from the fact that an independent candidate needed to "qualify for the ballot by demonstrating substantial public support” in some other

Scott Hammersmith v. Tig Insurance Company (w.d. Of Pa. Civil Nos. 02-Cv-01829 & 03-Cv-01333)

480 F.3d 220 · Court of Appeals for the Third Circuit · Mar 15, 2007

An unreasonable delay in disclaiming coverage qualifies as an “act inconsistent with a lack of coverage.” Id. … Clearly, this runs contrary to the Restatement’s "preference that only one set of laws govern a given insurance contract.” United Brass Works, 819 F.Supp. at 469 .

John Murphy v. Township of Radnor

542 F. App'x 173 · Court of Appeals for the Third Circuit · Oct 23, 2013

Am., Inc., 252 F.3d 307, 314 (4th Cir. 2001) (granting summary judgment where employer presented evidence which “clearly established that it would have fired [the employer for the proffered reasons] even in the absence … But other factors suggest that Murphy was more qualified than Canavan in other ways. Canavan had six months less than Murphy’s seven years’ experience in municipal government.

Elliot Coal Mining Company, Inc. 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.

Janeka Peace-Wickham v. James Walls

409 F. App'x 512 · Court of Appeals for the Third Circuit · Dec 21, 2010

The sign clearly referenced a famous quote by Dr. Martin Luther King, Jr. Peace-Wickham interpreted the sign as a personal attack, and refused take it down. … In order to establish a prima facie case for failure to promote, Peace-Wickham must show that: (1) she belongs to a protected class; (2) she applied to and was qualified for an available position; (3) despite her qualifications

Goosby v. Johnson & Johnson

Court of Appeals for the Third Circuit · Sep 25, 2000

The lowest score for a particular position indicated which of the three positions the employee was most qualified for. … However, just as use of such criteria does not establish discrimination, cloaking such criteria with an appearance of objectivity does not immunize an employment decision from a claim of discrimination.

The Dow Chemical Company v. United States Environmental Protection Agency and Douglas Costle, Administrator

605 F.2d 673 · Court of Appeals for the Third Circuit · Aug 24, 1979

The Act establishes an intricate and at times unfathomable system of regulation administered by the EPA. … Agencies may be more qualified in certain fields because of their understanding of the actual area that is being regulated.

Alfred Digiacomo v. Teamsters Pension Trust Fund of Philadelphia and Vicinity

420 F.3d 220 · Court of Appeals for the Third Circuit · Aug 24, 2005

ERISA § 204 establishes permissible accrual practices for pension plans. It makes no provision for break-in-service rules. … The answer supplied by § 203(b)(1)(F) is clearly affirmative.

Gregoire v. Centennial School District

907 F.2d 1366 · Court of Appeals for the Third Circuit · Jun 22, 1990

Centennial contends that its policies clearly establish that it did not intend to designate an open forum in its high school facilities. … The definition of the groups falling within the “educational mission of the school” is so vague that Centennial has virtually unlimited discretion in deciding which groups qualify and which do not.

United States of America Ex Rel. Jeddy Wilkins v. William J. Banmiller, Warden Eastern State Penitentiary, Philadelphia, Pa

325 F.2d 514 · Court of Appeals for the Third Circuit · Dec 10, 1963

The burden is on the Commonwealth to establish that the offense was in the first degree: Commonwealth ex rel. Dandy v. Banmiller, 397 Pa. 312 , 155 A.2d 197 (1959). … Petitioner’s mother visited him shortly thereafter and assured him that the attorney was qualified, and further that he had reported to her his discussion with the District Attorney and the Judg-e, and both had averred his

Don Chuy, in No. 77-1412 v. The Philadelphia Eagles Football Club (Sued as "The Philadelphia Eagles"), in No. 77-1411 and the National Football League

595 F.2d 1265 · Court of Appeals for the Third Circuit · Mar 9, 1979

Nixon performed his surgical duties as an independent contractor immune from team control, the jury was properly instructed to focus only on Dr. Nixon’s role as press spokesman about players’ medical status. … Nixon’s performance of this role established that he did it within the scope of his employment.

In Re General Motors Corporation Pick-Up Truck Fuel Tank Products Liability Litigation. Jack French, Robert M. West, Charles E. Merritt, Gary Blades, Dawn and Tracey Best, Gary and Jackie Barnes, Betty Marteny, John and Mary Southands, Edmund Berning, Dale W. Plummer, Edmund and Anneta Casey, John and Connie Yonki, Carl and Kathryn Corona, Dallas and Patricia Nelson, Mynard and Mildred Duncan, Kirby L. Stegman, Dewayne Anderson, Morris and Barbara Betzold, in No. 94-1064. Rudolph Jenkins, William D. Cunningham, Mather Johnson, Forrest Charles Ginn, Buren William Jones and Martin D. Parkman, in No. 94-1194. Parish of Jefferson, in No. 94-1195. The State of New York, in No. 94-1198. Elton Wilson, Individually, and Frank I. Owen, Individually and on Behalf of the Residents of the State of Alabama, in No. 94-1202. City of New York, in No. 94-1203. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1207. Betty Youngs, Barbara Phillips, Margaret Engel, Larry Swope, Robbin Maxwell and Center for Auto Safety, in No. 94-1208. Commonwealth of Pennsylvania, Department of Transportation, in No. 94-1219

55 F.3d 768 · Court of Appeals for the Third Circuit · Apr 17, 1995

The first criterion is no problem, for these counsel clearly possess the experience and skills to qualify them to pursue these sorts of actions. … Risks of Establishing Liability ................................... 814 F. Risks of Establishing Damages ..................................... 816 G.

George A. Ross v. Hotel Employees and Restaurant Employees International Union Robert Baker, Co-Trustee Carol Carlson, Co-Trustee

266 F.3d 236 · Court of Appeals for the Third Circuit · Sep 17, 2001

Thus, Pope’s case is clearly distinguishable from Cehaich. … Moreover, even if he may have conceded the Trusteeship was established for a legitimate purpose, he clearly insists that it was maintained for an improper purpose, and that he has a cause of action under Title III as a result

Whitehead v. St. Joe Lead Co.

729 F.2d 238 · Court of Appeals for the Third Circuit · Feb 28, 1984

The fact that defendants may have expected that Alpha would issue warnings would not immunize them as a matter of law. … Moreover, the question whether Whitehead would have seen such labels is clearly a disputed issue of fact for the jury.

United States v. De Peri, Joseph. Appeal of Joseph De Peri. United States of America v. Martin, James. Appeal of James Martin. United States of America v. Linso, Dennis. Appeal of Dennis Linso. United States of America v. Morrell, George. Appeal of George Morrell. United States of America v. Pecic, Henry. Appeal of Henry Pecic. United States of America v. Murphy, Theodore. Appeal of Theodore Murphy. United States of America v. Katz, George. Appeal of George Katz

778 F.2d 963 · Court of Appeals for the Third Circuit · Jan 9, 1986

On re-direct examination, to rebut defense counsel's implied charge that Ricci constructed this story as a bargaining chip when Ricci sought immunity from prosecution, the government played a tape recorded conversation between … The court then went on to find that the evidence independent of the taped coconspirators' statements clearly established the existence of a conspiracy involving all of the defendants at the time of the conversations.

Jessica Servais v. John Caccia

Court of Appeals for the Third Circuit · May 13, 2025

was unreasonable under the Fourth Amendment, we will affirm the District Court’s judgment.17 16 The Estate also argues that the District Court ignored the testimony of the Estate’s expert, Mickie McComb, which established … immunity. 7