Case law

United States v. David D. Schoolcraft

879 F.2d 64 · Court of Appeals for the Third Circuit · Jul 18, 1989

In both vindictive and selective prosecution claims, we review the district court’s determinations of fact under the clearly erroneous standard. United States v. … However, Judge Becker agreed with the dissent’s analysis of the ACCA as well as the “conclusion of a number of Courts of Appeals that Congress intended that, to qualify as triggering offenses for the enhanced penalty, the

Terry Simonton, Jr. v. Franklin Tennis

437 F. App'x 60 · Court of Appeals for the Third Circuit · Jul 13, 2011

In order to establish a § 1983 claim, a plaintiff must demonstrate that: (1) the conduct complained of was committed by persons acting under color of state law; and (2) the conduct violated a right, privilege, or immunity … We will affirm only if “the movant clearly establishes there are no material issues of fact, and he is entitled to judgment as a matter of law.” Sikirica, 416 F.3d at 220.

In Re Zoloft (Sertraline Hydrochloride) Products Liability Litigation

858 F.3d 787 · Court of Appeals for the Third Circuit · Jun 2, 2017

Jewell was proper, it is unable to establish general causation and summary judgment was properly granted. … “A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if,” inter alia, “the testimony is the product of reliable principles and

United States v. Arthur Lieberman

971 F.2d 989 · Court of Appeals for the Third Circuit · Jul 24, 1992

There is some indication from the Sentencing Commission that the scheme established by the Guidelines encompasses a departure for the degree of acceptance of. responsibility. … The government does not dispute the district court's determination that Lieberman qualified for the two-level decrease for acceptance of responsibility mandated by section 3E1.1. 5 .

Gooding v. Warner-Lambert Co.

744 F.2d 354 · Court of Appeals for the Third Circuit · Sep 28, 1984

Appellant, believing that the decision to give the Patent Administrator position to a white female without posting it was racially discriminatory because it effectively excluded herself and another allegedly qualified black … Armstrong’s transfer clearly fell within at least one of the exceptions. Ms. Armstrong’s old position was eliminated, and the new position created, as a result of a reorganization following the merger with Parke-Davis.

Southeastern Pennsylvania Transportation Authority v. Interstate Commerce Commission

644 F.2d 253 · Court of Appeals for the Third Circuit · Mar 12, 1981

Under the scheme established by the Standards, a subsidizer is required to make estimated payments monthly, in advance. … Thus, SEPTA's request for insulation of its non-rail properties is based on a fact situation clearly conjectural at this time.

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

Perry v. Pennsylvania Department of Corrections

441 F. App'x 833 · Court of Appeals for the Third Circuit · Aug 11, 2011

But claims requesting prospective injunctive relief from official-capacity defendants do not run afoul of sovereign immunity. See Iles v. … It is well settled that the United States Constitution does not itself establish a liberty interest in 4 See Huertas v. Galaxy Asset Mgmt., 641 F.3d 28 (3d Cir. 2011) (citing Erickson v.

National Labor Relations Board v. Philadelphia Iron Works, Inc.

211 F.2d 937 · Court of Appeals for the Third Circuit · Apr 7, 1954

It said, and we agree, that there was other proper, probative evidence which established that the union’s pressure caused the company to refuse to hire Fink. … Thus, a system under which only union members in good standing are referred is clearly illegal. National Labor Relations Board v. F. H. McGraw & Co., 6 Cir., 1953, 206 F.2d 635 ; National Labor Relations Board v.

Steinhardt Group Inc. v. Citicorp

126 F.3d 144 · Court of Appeals for the Third Circuit · Sep 12, 1997

Id. at 299, 66 S.Ct. at 1103 . 36 Clearly Steinhardt has alleged sufficient facts to meet the first prong of Howey. The Steinhardt Group, through its affiliate, C.B. … Judge Garth reached the result solely by reference to the Pennsylvania Partnership Act. 16 He opined that "Goodwin's interest [did] not qualify as a security primarily because the role of a general partner, by law, extends

United States v. Chemical Foundation, Inc.

5 F.2d 191 · Court of Appeals for the Third Circuit · Mar 26, 1925

This committee was established by Mr. Palmer when, as Custodian, he was given power to sell enemy-owned property. … And such difference in situation and purpose is clearly disclosed.

City of New Brunswick v. Borough of Milltown

686 F.2d 120 · Court of Appeals for the Third Circuit · Jul 22, 1982

. §§ 1281-1297 , establishes a federal grant program under which the federal government will bear up to 75 percent of the construction cost of publicly-owned waste treatment plants, so long as certain conditions are met by … Second, while the MCUA has no control over Milltown, it could simply refuse to accept New Brunswick’s sewage, and so qualify for federal funds (at least insofar as the EPA’s objections to Milltown’s failure to adopt a user

Long v. Atlantic City Police Department

670 F.3d 436 · Court of Appeals for the Third Circuit · Feb 13, 2012

from a governmental entity or officer, and dismiss the case if the action is (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune … We note, moreover, that making assumptions about timeliness could be viewed as an extension 16 would accept any such fact-finding as long as it was not clearly erroneous.

Concerned Citizens of Bushkill Township, by Its Trustee Ad Litem, Richard King, Bushkill Anglers Chapter, Trout Unlimited, by Its Trustee Ad Litem, Barry Fehnel, Linda Kortz, Laurence Jarrett, Joseph Pail, Milton Kelchner, William Morman and Frank Nikles v. Douglas Costle, as Administrator, Environmental Protection Agency, and Jack Schramm, Regional Administrator of Region Iii, Environmental Protection Agency, Bushkill-Lower Lehigh Joint Sewer Authority, Defendant-Intervenor. Plainfield Township Taxpayers Association, Sheridan King, Michler Warner, Harold Coleman, and Joseph Dorner v. Douglas Costle, as Administrator, Environmental Protection Agency, and Jack Schramm, Regional Administrator of Region Iii, Environmental Protection Agency, Bushkill-Lower Lehigh Joint Sewer Authority, Defendant-Intervenor, Bushkill-Lower Lehigh Joint Sewer Authority, Defendant-Intervenor

592 F.2d 164 · Court of Appeals for the Third Circuit · Jan 9, 1979

Congress, in its wisdom, waived the sovereign immunity of the United States on contract claims over $10,000 only insofar as the Court of Claims is concerned. … the people who will ultimately be served in the service area get on to the purposes that best serve those people in the service area by preserving the natural and human environment, by safeguarding public health, as is clearly

United States of America Ex Rel. Anthony Scoleri v. William J. Banmiller, Warden, Eastern State Penitentiary

310 F.2d 720 · Court of Appeals for the Third Circuit · Dec 11, 1962

The Supreme Court has recognized clearly the validity of this kind of distinction in Betts v. Brady, 316 U.S. 455, 462 , 62 S. Ct. 1252 , 86 L.Ed. 1595 (1942). … In the application of such a concept, there is always the danger of falling into the habit of formulating the guarantee into a set of hard and fast rules, the application of which in a given case may be to ignore the qualifying

Lepages Inc v. MN Mining Mfg Co

324 F.3d 141 · Court of Appeals for the Third Circuit · Mar 25, 2003

Under this program, 3M established uniform growth targets applicable to all participants. … In the circumstances, I am satisfied that this conduct does not qualify as predatory or anticom-petitive so as to establish liability under section 2 of the Sherman Act.

City of Garland v. Zurn Industries, Inc., and Urs Company, Successor in Interest to Forrest & Cotton, Inc., Defendant-Third Party v. United States of America, Third-Party

870 F.2d 320 · Court of Appeals for the Third Circuit · Apr 21, 1989

The EPA's action against Garland was settled by consent decree, establishing interim effluent levels and assessing Garland a substantial penalty. … Sec. 2680 (h), the misrepresentation exception to the government's waiver of sovereign immunity under the FTCA, bars URS's claim for contribution.

Ali v. Gibson

631 F.2d 1126 · Court of Appeals for the Third Circuit · Oct 2, 1980

It qualifies placements only to the extent that they are "available, suitable, and appropriate." … This amendment also required the Director to "promulgate rules and regulations establishing the procedure by which he will make determinations" about transfers.

Petition of J. E. Brenneman Company for Exoneration From or Limitation of Liability. J. E. Brenneman Company

322 F.2d 846 · Court of Appeals for the Third Circuit · Sep 13, 1963

Clearly there was privity and Limitation will be denied.” … Such a judgment is clearly within its province as the trier of fact.

Ronald Koons v. Attorney General New Jersey

Court of Appeals for the Third Circuit · Sep 17, 2025

Pennsylvania’s 1721 statute was titled “An Act to Prevent the Killing of Deer Out of Season, and Against Carrying of Guns or Hunting Not Qualified.” … Of course, such codes of conduct, whether private or public, were also immune from state and federal constitutional scrutiny.