Case law

Pennsylvania Environmental Council, Inc. v. Bartlett

454 F.2d 613 · Court of Appeals for the Third Circuit · Dec 1, 1971

and hence within the sovereign immunity. … to a qualifying project may impose no real financial burden.

Bell Atlantic-Pennsylvania, Inc. v. Pennsylvania Public Utility Commission

273 F.3d 337 · Court of Appeals for the Third Circuit · Nov 2, 2001

See, e.g., Puerto Rico Aqueduct, 506 U.S. at 144 , 113 S.Ct. 684 (state sovereign immunity immediately appealable); Mitchell, 472 U.S. at 526 , 105 S.Ct. 2806 (qualified executive immunity immediately appealable); Larsen … Unlike qualified immunity or Eleventh Amendment sovereign immunity, claim preclusion is not based on a right to be free from all the costs and burdens of having to be a party to a case in the first instance or from having

Novotny v. Great American Federal Savings & Loan Ass'n

584 F.2d 1235 · Court of Appeals for the Third Circuit · Aug 7, 1978

equal protection” or “equal privileges and immunities.” … female employees and replacing them with less qualified male employees. .

Skehan v. Board of Trustees of Bloomsburg State College

590 F.2d 470 · Court of Appeals for the Third Circuit · Dec 21, 1978

The court also concluded that he had acted in a reasonable manner and had not violated clearly established constitutional rights with respect to either denial of due process. 431 F.Supp. at 1391 . … This followed from the fact that Nossen had established immunity to Skehan’s claim for damages. 436 F.Supp. at 665 .

United States v. Keenan Quinn

728 F.3d 243 · Court of Appeals for the Third Circuit · Aug 14, 2013

Herman, 589 F.2d 1191 (3d Cir. 1978), but did not establish the test and remedy until two years later in Smith.1 We refer to this power as “judicial use 1 The idea of immunizing a witness as necessary to secure the defendant … Thus we held that “opportunities for judicial use of this immunity power must be clearly limited.” Smith, 615 F.2d at 972.

Wilson v. Russo

212 F.3d 781 · Court of Appeals for the Third Circuit · May 19, 2000

According to the doctrine of qualified immunity, law enforcement officers acting within their professional capacity are generally immune from trial “insofar as their conduct does not violate clearly established statutory … Therefore, we do not have to reach the second prong of the qualified immunity investigation, that is, whether the right was clearly established.

Rahmon Richardson v. City of Newark

Court of Appeals for the Third Circuit · Aug 14, 2020

and that even if there was a constitutional violation, Laurie did not violate any clearly established right. … state law claims, because he did not violate any of Richardson’s clearly established rights.

Ticor Title Insurance v. Federal Trade Commission

922 F.2d 1122 · Court of Appeals for the Third Circuit · Jan 9, 1991

Fox Co., 439 U.S. 96, 109 , 99 S.Ct. 403, 411 , 58 L.Ed.2d 361 (1978) (while California’s Automobile Franchise Act evidenced no express intent to displace the antitrust laws, it nevertheless qualified for state action immunity … The Court held that a municipality, in order to qualify for state action immunity, need not satisfy the second prong of the Midcal test, which requires that the state actively supervise the anticompetitive conduct.

Edgar v. Avaya, Inc.

503 F.3d 340 · Court of Appeals for the Third Circuit · Sep 26, 2007

On the one hand, if the trust “requires” the trustee to invest in a particular stock, then the trustee is “immune from judicial inquiry.” Id. … [is] invested primarily in qualifying employer securities.” Id.

In Re Natta, Movant, in the United States Patent Office Before the Examiner of Interferences, Interference No. 89634. Hogan v. Zletz v. Baxter v. Natta Natta, Movant

410 F.2d 187 · Court of Appeals for the Third Circuit · Apr 18, 1969

That argument is not premised on a challenge to these immunities in any form in patent proceedings but is concerned only as to the allowance of the attorney-client and work product immunities in connection with the solicitation … Hickman grants to attorney's work product a qualified immunity from discovery stating 329 U.S. p. 511, 67 S.Ct. p. 394: 22 "We do not mean to say that all written materials obtained or prepared by an adversary's counsel with

Jeffrey Bletz v. Jeremy Corrie

974 F.3d 306 · Court of Appeals for the Third Circuit · Sep 9, 2020

established” for purposes of qualified immunity. … Katz, 533 U.S. 194, 201 (2001) (“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity.”).

Winsett v. McGinnes

617 F.2d 996 · Court of Appeals for the Third Circuit · Mar 24, 1980

Strickland, supra, the Supreme Court recognized a qualified immunity for school board members. … First, the Court stated: [T]he immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should

Gibson v. Superintendent of New Jersey Department of Law & Public Safety-Division of State Police

411 F.3d 427 · Court of Appeals for the Third Circuit · Jun 14, 2005

Appellees moved to dismiss all of the counts, arguing that they were time-barred, and that several of the defendants were entitled to Eleventh Amendment immunity, prosecutorial immunity and qualified immunity. … Holtz, 210 F.3d 186 , 197 n. 14 (3d Cir.2000). 16 Because such a right was not clearly established in this Circuit at the time of Gibson’s conviction, Troopers Pen-nypacker and Reilly are entitled to qualified immunity with

Febres v. the Camden Board of Education

445 F.3d 227 · Court of Appeals for the Third Circuit · Apr 18, 2006

Because we conclude that the Board has not established it is an arm of the state, we will reverse. … The Board's legal status under state law, the second criterion, clearly militates against immunity. A.

Mci Telecommunication Corporation v. Bell Atlantic-Pennsylvania

271 F.3d 491 · Court of Appeals for the Third Circuit · Nov 2, 2001

I, S 8, cl. 1, that conditioned a state's receipt of federal highway funds on the establishment of a minimum drinking age of 21 in the state; the Court found that the condition on the funds was clearly stated and that acceptance … Similarly, the statute at issue in Dole so clearly exacted a condition on the grant of highway funds that the State of South Dakota itself sued to establish its unconstitutionality. Dole, 483 U.S. at 205 .

Federal Law Enforcement Officers Association v. Attorney General New Jersey

93 F.4th 122 · Court of Appeals for the Third Circuit · Feb 14, 2024

And the firearms training standards may be established by the state or, in the absence of state standards, by any law enforcement agency within the state. Id. … We have determined that LEOSA’s neighboring statute, 18 U.S.C. § 926A, “establish[ed] a clear positive entitlement” to “transport firearms in certain circumstances” because the statute stated that qualified persons “shall

United States v. Mack

78 F. App'x 171 · Court of Appeals for the Third Circuit · Sep 19, 2003

testimony is clearly exculpatory; (4) the proffered testimony is essential to the defense; and (5) there is no strong governmental interest against the immunity. … The findings of the trial court to the contrary were not clearly erroneous. Again, a defendant must have directed or controlled the actions of at least one other individual to qualify as a manager.

CG v. Pennsylvania Department of Education

734 F.3d 229 · Court of Appeals for the Third Circuit · Nov 5, 2013

a violation of the IDEA, and because the Section 504 and ADA claims are inextricably linked to the IDEA claims,” they did not establish a violation of the ADA or RA. … Thus, to establish liability, Plaintiffs must prove that the qualified individual has been deprived of meaningful access to a benefit to which he or she was entitled.

Reginald Kirtz v. Trans Union LLC

46 F.4th 159 · Court of Appeals for the Third Circuit · Aug 24, 2022

. § 1681 et seq, because it concluded the statute did not clearly waive the United States’ sovereign immunity. … It concluded that while Congress clearly intended to abrogate state immunity, it lacked the power to do so. See id. at 56–57, 72–73.

Guy Thomas Elaine Moretz Earle F. Doman Dalene Doman David E. Ross Joann Ross Michael G. Knapp, D.O. Stephen Lee Luebber Rebecca L. Luebber Kathleen A. Knapp Peter Reich Ruth Reich L. Floyd Smith George K. Smith and All Others Similarly Situated v. Fag Bearings Corporation Fag Kugelfischer Georg Schaefer Kgaa v. Missouri Department of Natural Resources, Fag Bearings Corporation, Third-Party v. Contract Freighters, Inc. International Paper Company Midcon Cables Company Motorola, Inc. Gulf States Paper Company the Pillsbury Company, Inc. Service Packing Company Vickers, Inc., Third-Party

50 F.3d 502 · Court of Appeals for the Third Circuit · Mar 13, 1995

As a general matter, only unmistakable and explicit waiver by the state itself qualifies as a waiver of Eleventh Amendment immunity. Atascadero State Hosp. v. … Neither party disputes that MDNR generally qualifies for Eleventh Amendment protection as a state agency 7 Of course, legal fictions have also eroded Eleventh Amendment immunity by, among other things, permitting suits against