Case law

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

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.

In re Grove

180 F. 62 · Court of Appeals for the Third Circuit · Jul 14, 1910

Ed. 521 , exempts a federal court from the duty of protecting a witness who may be called on to give evidence clearly privileged and not material or relevant to the issue. See Dowagiac Mfg. Co. v. … It was not until after the reply of the Department came, qualifying in a very material respect the answer it had previously given to the court’s request for copies of the papers, that the court concluded that the papers should

Thomas Brown v. Ivarans Rederi A/s

545 F.2d 854 · Court of Appeals for the Third Circuit · Nov 29, 1976

Equally well established is the rule that state statutes may not contravene an applicable act of Congress or affect the general maritime law beyond certain limits. … experts, this case presents appropriate circumstances for the district court to exercise its broad power under F.R.Evid. 706 to appoint its own medical expert in order to insure the availability to the jury of the most qualified

Wright, Thomas v. Cuyler, Julius T., Individually and in His Official Capacity as Superintendent of the State Correctional Institution at Graterford, Wright, Thomas v. Robinson, William B., Commissioner of the Bureau of Corrections of the Commonwealth of Pennsylvania Cuyler, Julius T., Superintendent of the State Correctional Institution at Graterford, Pa. Sims, Daniel T., Deputy Superintendent of Treatment of the State Correctional Institution at Graterford, Pa. Reid, Lawrence, Director of Treatment of the State Correctional Institution at Graterford, Pa.

624 F.2d 455 · Court of Appeals for the Third Circuit · Jul 8, 1980

Those cases, therefore, merely establish that a § 1983 action is a proper remedy for a state prisoner who is making a constitutional challenge to the conditions of his prison life, but not to the fact or length of his custody … condition of one's confinement, 5 which may be challenged directly in a section 1983 action without resort to habeas corpus and its attendant requirement for exhaustion of state remedies. 6 III. 15 While the district court clearly

Krell v. Prudential Insurance

148 F.3d 283 · Court of Appeals for the Third Circuit · Jul 23, 1998

The Second Amended Consolidated Complaint clearly alleges that Prudential engaged in a common scheme to defraud. … The objection is clearly without merit.

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.

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

Estate of Keating Ex Rel. Keating v. Coatesville VA Medical Center

498 F. App'x 181 · Court of Appeals for the Third Circuit · Aug 3, 2012

Keating, and Appellants have not shown that this finding was clearly erroneous. … Appellants’ failure to point to any record evidence establishing causation with regard to this alleged breach. 10

Long Quan Piao v. Attorney General for the United States

358 F. App'x 361 · Court of Appeals for the Third Circuit · Dec 22, 2009

In emphatically concluding that Piao’s showing of prejudice fell “well short” of Campean, the Board made no references whatever to the IJ’s reason for his conclusion that Piao did not qualify for asylum or withholding of … In contrast, in his asylum application, Piao stated clearly that he was released on December 20, 2007, ten days after being arrested. See id.

Big Apple BMW, Inc. v. BMW of North America, Inc.

974 F.2d 1358 · Court of Appeals for the Third Circuit · Aug 6, 1992

Clearly, as long as it acted independently, BMW NA could escape antitrust liability for its conduct. … The first explanation clearly raises an issue of credibility for the jury. The second explanation is not borne out by the record.

Grazier v. City Of Philadelphia

328 F.3d 120 · Court of Appeals for the Third Circuit · May 9, 2003

Enyart, 5 F.3d 230, 234 (7th Cir.1993) ("Police officers who unreasonably create a physically threatening situation in the midst of a Fourth Amendment seizure cannot be immunized for the use of deadly force."); cf. … All of the events transpiring during the officers' encounter with the plaintiffs can be considered in evaluating the reasonableness of the shooting. 47 A. 124-26. 48 This charge clearly favored the defendants.

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.

Carlton Baptiste v. Attorney General United States

841 F.3d 601 · Court of Appeals for the Third Circuit · Nov 8, 2016

“It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings.” Demore v. Kim, 538 U.S. 510, 523 (2003) (internal quotation marks omitted) (quoting Reno v. … Ct. at 2558 (“[T]he residual clause leaves uncertainty about how much risk it takes for a crime to qualify as a violent felony.

Johnson v. George

299 F. App'x 139 · Court of Appeals for the Third Circuit · Nov 14, 2008

The District Court dismissed Johnson’s complaint against George pursuant to the doctrine of qualified immunity. Johnson v. George, 2007 WL 1697276, at *10 (D. Del. 2007). … termination; 2) A hearing before an independent, impartial Hearing Officer; 3) The right to confront and cross-examine witnesses testifying under oath; 4) The creation of a stenographic record; 5) The burden of the College to establish

Yusupov v. Atty Gen USA

Court of Appeals for the Third Circuit · Mar 27, 2008

The statutory context does not indicate that Congress clearly intended to incorporate criminal law standards. … The “serious reasons” standard does not map clearly to any criminal law criterion.

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.

Santhakumar Sathanthrasa v. Attorney General United States

968 F.3d 285 · Court of Appeals for the Third Circuit · Jul 30, 2020

That is because the petitioner has more than satisfied the “well- founded fear of persecution” standard required for asylum by qualifying for withholding of removal. Ghebrehiwot v. … Yet on neither occasion was that factor clearly considered. In the first instance, the IJ stated that he was “not concerned” and “d[id not] care about” family reunification. JA 138–39.

Yusupov v. Atty Gen USA

Court of Appeals for the Third Circuit · Mar 14, 2008

The statutory context does not indicate that Congress clearly intended to incorporate criminal law standards. … The “serious reasons” standard does not map clearly to any criminal law criterion.

Riccardo Dimuzio Ruth Dimuzio, on Behalf of Themselves and All Others Similarly Situated v. Resolution Trust Corporation in Its Capacity as Receiver of Carteret Savings Bank, F.A. And in Its Capacity as Conservator of Carteret Federal Savings Bank (d.c. Civil No. 94-Cv-01559). Riccardo Dimuzio Ruth Dimuzio v. Resolution Trust Corporation as Conservator of Carteret Federal Savings Bank and Carteret Savings Bank (d.c. Civil No. 94-Cv-04800). Kazuyuki Kameda Taneko Kameda Esmie J. Wint, on Behalf of Themselves and All Others Similarly Situated v. Resolution Trust Corporation as Conservator of Carteret Federal Savings Bank and Carteret Savings Bank (d.c. Civil No. 94-Cv-04831). Appeal of Riccardo Dimuzio, Ruth Dimuzio, Kazuyuki Kameda, Taneko Kameda and Esmie Wint

68 F.3d 777 · Court of Appeals for the Third Circuit · Oct 20, 1995

these sessions, prospective purchasers were told that, after taxes and rental income, the cost of owning a GDC home would be only slightly more than the payments they were making for their vacant lots. 4 Interested pre-qualified … Clearly if Carteret acquired the loans with such knowledge, it took them subject to the claims and defenses of the defrauded borrowers.