Case law

Garden State Bar Association v. Middlesex County Ethics Committee

643 F.2d 119 · Court of Appeals for the Third Circuit · May 12, 1981

Consumers Union, 446 U.S. 719 , 100 S.Ct. 1967 , 64 L.Ed.2d 641 (1980), the Court analyzed state bar disciplinary proceedings for the purpose of determining when immunity is appropriate. … It cannot be said here that New Jersey law and procedure "clearly bar the interposition of the constitutional claims."

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."

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

United States v. United States Gypsum Company

550 F.2d 115 · Court of Appeals for the Third Circuit · Jan 20, 1977

The gasoline war cases, then, suggest that the category of price exchanges that qualify as "controlling circumstances" is quite broad. … Those cases also cite Justice Fortas's Container concurrence, suggesting that Container did not establish a per se rule against information exchanges, but left some to qualify as legitimate under the Sherman Act Judge Weis's

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.

American College of Obstetricians & Gynecologists v. Thornburgh

737 F.2d 283 · Court of Appeals for the Third Circuit · May 31, 1984

The Commonwealth concedes that osteopaths are qualified to perform abortions. Brief for Appellees at 34; Stipulation ¶¶ 56-57, App. at 84-85a. … The Missouri statute upheld in Ashcroft establishing alternative court proceedings for minor consent contained detailed provisions assuring confidentiality and dispatch, establishing a clear and simple procedure for the minor

Defense Distributed v. Attorney General New Jersey

Court of Appeals for the Third Circuit · Aug 25, 2020

By dismissing the motion without prejudice, the Court clearly conveyed that its order was not the final word on the request. See Weber v. … But for a denial of a preliminary injunction, such a qualifier is immaterial for purposes of appellate review under § 1292(a)(1).

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.”).

Hanover Potato Products, Inc. v. Shalala

989 F.2d 123 · Court of Appeals for the Third Circuit · Mar 19, 1993

The district court held that although Hanover was a qualified prevailing party under the EAJA, the government's position in defending Hanover's claim was substantially justified. … We have held that "a legal position is substantially justified if it relates to an unsettled or close question of law, but not if it offends established precedent." Russell v.

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.”).

Commonwealth of Pennsylvania Ex Rel. George W. Craig v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

348 F.2d 22 · Court of Appeals for the Third Circuit · Jun 30, 1965

(This is clearly erroneous as a matter of law). … Why this was done was left to conjecture, but it may be speculated reasonably that they were excused because they would not have been qualified or have been helpful.

Benner v. Oswald

592 F.2d 174 · Court of Appeals for the Third Circuit · Jan 24, 1979

determined that "as a general rule, whenever a state or local government decides to select persons by popular election to perform governmental functions, the Equal Protection Clause of the Fourteenth Amendment requires that each qualified … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

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

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.

De Forest Radio Telephone & Telegraph Co. v. Radio Corp. of America

20 F.2d 598 · Court of Appeals for the Third Circuit · Jun 27, 1927

The Telephone Company and the General Company, by contract B, established a status in respect to the patent which neither, acting alone, could disturb. … Looking upon the Westinghouse Electric & Manufacturing Company as the parent company — for such it was without regard to what followed — that company owned all the stock of the Lamp Company except directors’ qualifying shares

In Re Merritt Logan, Inc., Debtor-In-Possession. Merritt Logan, Inc. D/B/A Rancocas Thriftway v. Fleming Companies, Inc. Fleming Foods of Pennsylvania, Inc. Hussman Refrigeration, Inc. And Engineering & Refrigeration, Inc., Appeal of Engineering and Refrigeration, Inc., at No. 89-1522 in Re Merritt Logan, Inc. Debtor-In-Possession. Merritt Logan, Inc. D/B/A Rancocas Thriftway v. Fleming Companies, Inc. Fleming Foods of Pennsylvania, Inc. Hussman Refrigeration, Inc. And Engineering & Refrigeration, Inc. Appeal of Hussman Refrigeration, Inc., at No. 89-1523 in Re Merritt Logan, Inc. Debtor-In-Possession. Merritt Logan, Inc. D/B/A Rancocas Thriftway v. Fleming Companies, Inc. Fleming Foods of Pennsylvania, Inc. Hussman Refrigeration, Inc. And Engineering & Refrigeration, Inc. Appeal of Merritt Logan, Inc., at No. 89-1524 in Re Merritt Logan, Inc. Debtor-In-Possession. Merritt Logan, Inc. D/B/A Rancocas Thriftway v. Fleming Companies, Inc. Fleming Foods of Pennsylvania, Inc. Hussman Refrigeration, Inc. And Engineering & Refrigeration, Inc. Appeal of Fleming Companies, Inc. And Fleming Foods of Pennsylvania, Inc. At No. 89-1525

901 F.2d 349 · Court of Appeals for the Third Circuit · Apr 23, 1990

Proof is generally easier in a warranty claim because the plaintiff need not prove fault. 78 In this case, when Merritt Logan established the elements necessary to show negligence, it likewise established the elements necessary … Neither they, nor we, have been able clearly to identify its presence or communication to the buyer.

C.K., on Her Own Behalf and as Guardian Ad Litem for Her Baby S.B. And Her Daughter J.M. L.W., on Her Own Behalf and as Guardian Ad Litem for Her Baby E.W. And Her Son J.W. E.P., on Her Own Behalf and as Guardian Ad Litem for Her Baby I.P. And Her Son R.P. E.M., on Her Own Behalf and as Guardian Ad Litem for Her Baby Boy B.M. And Her Daughter C.G. H.K., on Her Own Behalf and as Guardian Ad Litem for Her Babies T.H., D.H. And D.H. And Other Sons S.H. And J.H. E.S. And G.S., on Their Own Behalf and as Guardian Ad Litem for Their Baby Boy B.S., Son C.S. And Their Daughter C.S. M.M., on Her Own Behalf and as Guardian for Her Daughter A.P. And Her Son A.R., on Behalf of Themselves and All Others Similarly Situated v. New Jersey Department of Health and Human Services William Waldman, Commissioner, New Jersey Dept. Of Human Services, in His Official Capacity Donna Shalala, Secretary, United States Department of Health and Human Services and the United States Department of Health and Human Services

92 F.3d 171 · Court of Appeals for the Third Circuit · Aug 9, 1996

If, for example, a caregiver does not qualify for additional AFDC benefits himself, and only the affected child lives with the caregiver, the otherwise "eligible" family of two would receive no AFDC money at all in apparent … exceeded the age limits for eligible dependents; (2) it renders the affected child eligible for childcare while the parent is involved in work, education or job training, see 42 U.S.C. § 602 (g)(1)(A); and (3) it automatically qualifies

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.

Merritt Logan, Inc. v. Fleming Companies, Inc. (In re Merritt Logan, Inc.)

901 F.2d 349 · Court of Appeals for the Third Circuit · Apr 23, 1990

In this case, when Merritt Logan established the elements necessary to show negligence, it likewise established the elements necessary to show that Hussmann breached the warranties applicable to the refrigeration system. … Neither they, nor we, have been able clearly to identify its presence or communication to the buyer.

Leonard Cottrell v. Alcon Laboratories

874 F.3d 154 · Court of Appeals for the Third Circuit · Oct 18, 2017

E.P.A., 990 F.2d 1531 , 1537 (3d Cir. 1993) (“Pecuniary injury is clearly a sufficient basis for standing.” (internal quotation marks and citation omitted)). … Further, Plaintiffs clearly articulated this theory in their briefing to the District Court opposing Defendants’ motion to dismiss.