Case law

Andre Butler v. Doris Pechkurow

669 F. App'x 627 · Court of Appeals for the Third Circuit · Oct 19, 2016

Here, however, Butler has identified no additional facts nor offered any explanation as to how he would amend in a way that would overcome Judge Pechkurow’s judicial immunity or establish Philadelphia’s municipal liability … Based on his current allegations, we can imagine no additional facts Butler could plead that would overcome Judge Pechkurow’s judicial immunity or establish Philadelphia’s municipal liability.

Carl Rodgers v. Pennsylvania State Police

Court of Appeals for the Third Circuit · Feb 20, 2025

Therefore, the email does not establish a genuine dispute that the presentment was “procured by fraud, perjury or other corrupt means.” Rose, 871 F.2d at 353. … CONCLUSION For the forgoing reasons, we will affirm the judgement of the District Court. 6 6 Because we can affirm on the basis of probable cause alone, we need not reach the defendants’ immunity arguments

Banks v. Beard

399 F.3d 134 · Court of Appeals for the Third Circuit · Feb 25, 2005

Factual and Procedural Background 3 The LTSU was established at SCI Pittsburgh in April 2000 as a place to confine a small population of inmates 1 which the DOC views, because of their history of behavior in prison, as too … Clearly, however, restrictive prison policies can be designed to target particular behaviors for which prisoners were incarcerated, or those that arose and presented security risks during incarceration. 7 Id. 20 The District

He Chun Chen, A/K/A He Zhong Chen v. John Ashcroft, Attorney General of the United States, He Chun Chen

376 F.3d 215 · Court of Appeals for the Third Circuit · Jul 26, 2004

DISCUSSION The framework in which we review the administrative determinations is well established. … An alien who fails to establish that he or she has a well-founded fear of persecution, so as to be eligible for a grant of asylum, necessarily will fail to establish the right to withholding of removal.

Alfred L. Hardy v. Gulf Oil Corporation, Zaire Gulf Oil Company, Gulf Oil Exploration and Production Company and Cabinda Gulf Oil Company, Defendants-Third Party v. Bouygues Offshore U.S.A., Inc. And Bouygues Offshore S.A., Defendants-Third Party on and Offshore Quality Control Specialists, Inc.

949 F.2d 826 · Court of Appeals for the Third Circuit · Jan 7, 1992

This Circuit recognized in Loose that comparative fault displaces the traditional concept of tort immunity. … The record does not clearly indicate that the district court actually granted this permission.

Altemose Construction Co. v. Building & Construction Trades Council

751 F.2d 653 · Court of Appeals for the Third Circuit · Jan 8, 1985

We have noted that Apex Hosiery establishes two principles central to the subsequent development of the nonstatutory exemption. … The section 8(e) prohibition against contract clauses in which employers agreed to refrain from doing business with other persons was qualified, however, by the proviso that nothing in this subsection (e) shall apply to an

United States v. Stewart

185 F.3d 112 · Court of Appeals for the Third Circuit · Jul 16, 1999

The court concluded that the government had satisfied the money laundering substitute asset provision because it demonstrated that qualified property, the $3 million Stewart withdrew from the Tartan Management account, had … Here, the government clearly traced laundered funds forfeited by the jury to Stewart's Account. Stewart does not contest this tracing, which in any event the government clearly established.

Coleman v. Home Depot Inc

Court of Appeals for the Third Circuit · Oct 9, 2002

As a result of not being allowed to transfer to a position she was qualified to perform,  Charging Party’s employment was affected when her employment was terminated effective February 13, 1997 for not … Based on the evidence of record, there is reasonable cause to believe that sex (Female) were [sic] motivating factors in Respondent’s decision not to hire and/or transfer qualified females into

Carl Rodgers v. Pennsylvania State Police

Court of Appeals for the Third Circuit · Mar 7, 2025

Clearly, 5 Rodgers attempts to rebut this presumption by showing that the officer “knowingly and deliberately, or with a reckless disregard for the truth, made materially false statements or omissions” Xi, 68 F.4th … Therefore, the email does not establish a genuine dispute that the presentment was “procured by fraud, perjury or other corrupt means.” Rose, 871 F.2d at 353.

Kelly L. Makowka v.

754 F.3d 143 · Court of Appeals for the Third Circuit · Jun 9, 2014

It then found that Hammer “expand[ed] upon the rationale of Karr” and “clearly held that by filing an action in debt or contract, an association was enforcing its lien under the UPCA.” … But they disagree as to what actions qualify as “proceedings to enforce the lien” under subsection (e) of the statute. Makowka contends that there is only one way to enforce the lien: by filing a foreclosure complaint.

Eric McCollister v. Superintendent Cameron

535 F. App'x 187 · Court of Appeals for the Third Circuit · Aug 15, 2013

Instead, he limits his argument to the assertion that the state court rejection of his Sixth Amendment claim represented an unreasonable application of clearly established federal law. … The Supreme Court has clearly established that there is a right to waive counsel and proceed pro se, provided that the waiver is knowing and voluntary. See Faretta v. California, 422 U.S. 806, 814 (1975).

Yovtcheva v. City of Philadelphia Water Department

518 F. App'x 116 · Court of Appeals for the Third Circuit · May 7, 2013

Our precedent does not clearly resolve the question of whether judicially unreviewed administrative findings can be given preclusive effect in subsequent judicial proceedings for, as the Water Department points out, in … be able to establish that there was a casual connection between her protected activity and subsequent adverse employment action that the employer took many months or perhaps even years later.

Prior v. Innovative Communications Corp.

207 F. App'x 158 · Court of Appeals for the Third Circuit · Oct 20, 2006

ICC clearly noticed it but never made it a point of contention before the District Court. … The District Court’s interpretation of the EBA, based on extrinsic 13 evidence, was not clearly erroneous.

John M. Ryder v. Westinghouse Electric Corporation

128 F.3d 128 · Court of Appeals for the Third Circuit · Sep 30, 1997

The plaintiff first must establish, by a preponderance of the evidence, a prima facie case of age discrimination by proving that he: (1) is over forty years of age; (2) is qualified for the position in question; (3) suffered … For instance, in the sentence immediately following the erroneous sentence, the court clearly instructed that a verdict for Ryder was proper if the jury found that Westinghouse used the elimination of his job “as an excuse

Coriner Whitehead v. St. Joe Lead Company, Inc., St. Joe Minerals Corporation, Tonolli Corporation, Rsr Corporation, Industrial Powdered Metals, Inc., Connecticut Engineering Association Corporation, Alcan Ingot & Powders, Division of Alcan Aluminum Corporation, Alcan Aluminum, Ltd., and Compagnie Francais De L'etain. Tonolli Corporation, Defendant-Third Party v. Alpha Metals, Inc., Third Party Coriner Whitehead

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.

Federal Labor Relations Authority, in 90-3690 v. U.S. Department of the Navy, Navy Ships Parts Control Center, and U.S. Department of the Navy, Navy Fleet Material Support Office, and U.S. Department of the Navy, Navsea Logistics Center, and U.S. Department of the Navy, Navy Publishing and Printing Service, American Federation of Government Employees, Intervenor. U.S. Department of the Navy, Navy Ships Parts Control Center, and U.S. Department of the Navy, Navy Fleet Material Support Office, and U.S. Department of the Navy, Navsea Logistics Center, and U.S. Department of the Navy, Navy Publishing and Printing Service, in 90-3724 v. Federal Labor Relations Authority

966 F.2d 747 · Court of Appeals for the Third Circuit · May 29, 1992

[a] clearly unwarranted invasion of privacy." 5 U.S.C.A. § 552 (b)(6). … The release of these Navy employees' addresses to the Union by itself does not reveal any information about the operation or character of the Department of the Navy. 1 Thus, "collective bargaining" does not qualify as a public

United States v. Aaron Taylor

686 F.3d 182 · Court of Appeals for the Third Circuit · Jul 25, 2012

18  Of course, that is not the end of the analysis: applying the McKelvey rule in this case naturally begs the question whether the “just cause or excuse” language in § 113(a)(3) qualifies … In fact, though, the District Court did not force Taylor to testify at all, and it clearly informed him from the outset that the proffered evidence was insufficient to establish justification as a matter of law.

Malley-Duff & Associates, Inc. v. Crown Life Insurance

792 F.2d 341 · Court of Appeals for the Third Circuit · May 30, 1986

Clearly, we should not expect an epiphany through which the “essence” of civil RICO is revealed to us. … Yet Congress wanted to reach both “legitimate” and “illegitimate” enterprises____ The former enjoy neither an inherent incapacity for criminal activity nor immunity from its consequences.

Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar Kalpana Bhatnagar, Individually v. Surrendra Overseas Limited Apeejay Lines, in Personam M v. Apj Karan, Her Engines, Boilers, Tackle, Etc. In Rem, Surrendra Overseas Limited, to the Res Apeejay Lines, in Personam and the M/v Apj Karan, Her Engines, Boilers, Etc. In Rem, in No. 93-2059. Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar Kalpana Bhatnagar, Individually v. Surrendra Overseas Limited Apeejay Lines, in Personam M v. Apj Karan, Her Engines, Boilers, Tackle, Etc. In Rem, Urvashi Bhatnagar, an Infant by Her Mother and Natural Guardian, Kalpana Bhatnagar, and Kalpana Bhatnagar, Individually, in No. 93-2076

52 F.3d 1220 · Court of Appeals for the Third Circuit · Apr 17, 1995

Yet the Court qualified this statement: 29 In rare circumstances, however, where the remedy offered by the other forum is clearly unsatisfactory, the other forum may not be an adequate alternative, and the initial requirement … J.A. 16. 41 We do not believe this ruling was clearly erroneous.

Fifth Third Bank of Western Ohio v. United States

402 F.3d 1221 · Court of Appeals for the Third Circuit · Mar 31, 2005

We determined that this qualified as a counteroffer and remanded for the trial court to consider whether First Commerce had accepted the counteroffer. Id. at 1381-82 . … Those issues were clearly on the table and available as far as the FHLBB was concerned, and were clearly key considerations in the decisions of the Citizens Bank management.