Case law

Valerie Montone v. City of Jersey City

709 F.3d 181 · Court of Appeals for the Third Circuit · Mar 8, 2013

promotions from sergeant to lieutenant were halted to retaliate against Montone. 3 According to Jersey City, plaintiffs Astriab, Banks, and Whalen did not take the civil service examination required to qualify … 2011 WL 2559514, at *3 (“Evidence that, during Mayor Healy‟s administration, other people have gotten jobs or promotions in Jersey City for political reasons may have some minimal probative value as background, but it is clearly

Consolidated Edison Company of New York, Inc. v. Federal Power Commission, City of New York v. Federal Power Commission, Transcontinental Gas Pipe Line Corporation v. Federal Power Commission, National Coal Association, United Mine Workers of America, Fuels Research Council, Inc., Intervenors, Southern California Gas Company and Southern Counties Gas Company of California, Intervenors

271 F.2d 942 · Court of Appeals for the Third Circuit · Nov 3, 1959

It is true that the gas, under the agreement, was not to be sold and it was established that it was to be used to fire boilers. … This is clearly referring to the waste type problems discussed earlier in the report.

Herman v. City of Millville

66 F. App'x 363 · Court of Appeals for the Third Circuit · May 6, 2003

any of the defendants because: (1) Bonilla and Trout were not acting under “color of law”; (2) Herman cannot show that the City of Millville or the Police Department were “deliberately indifferent,”which is necessary to establish … municipal liability; and (3) Groff and Aiken are entitled to qualified immunity.

Campbell v. West Pittston Borough

498 F. App'x 186 · Court of Appeals for the Third Circuit · Aug 15, 2012

Because nothing in the record suggests that Campbell’s prior lawsuit touched upon a matter of public concern, we conclude that it does not qualify as protected activity. … To establish a prima facie case, a plaintiff must show that “(1) he is over 40, (2) he is qualified for the position in question, (3) he suffered an adverse employment decision, and (4) he was replaced by a sufficiently

United States v. Nunez

86 F. App'x 488 · Court of Appeals for the Third Circuit · Dec 22, 2003

Only in such cases may the sentencing court look to the facts of the particular case in order to determine whether the trier of fact necessarily found elements that would qualify the offense” under the enhancement provision … Here, the fact finder – the New York judge – clearly found all of the elements of a “drug trafficking offense” within the meaning of U.S.S.G. § 2L1.2.

Schum v. Bailey

578 F.2d 493 · Court of Appeals for the Third Circuit · May 26, 1978

On the other hand, while New York has no compensation interest here, its deterrence and cost policies are clearly involved. … The only evidence which might conceivably qualify is the evidence revealing Bailey's New Jersey affiliations.

Geneva College v. Secretary United States DePartment of Health

778 F.3d 422 · Court of Appeals for the Third Circuit · Feb 11, 2015

As we explained above, HHS has already established an accommodation for nonprofit organizations with religious objections. … Id. at 680. 42  Thus, the case law clearly draws a distinction between what the law may impose on a person over religious objections, and what it permits or requires a third party

United Steelworkers of America, Afl-Cio-Clc v. National Labor Relations Board, the Dow Chemical Company, Intervenor

530 F.2d 266 · Court of Appeals for the Third Circuit · Jan 8, 1976

Relying upon this finding the NLRB has adopted the rule that “only strikes in protest against serious unfair labor practices should be held immune from general no-strike clauses.” … Reasoning that “[Requiring arbitration does not nullify the union’s right to honor a primary picket line, but only suspends the exercise of the right until its existence is established by an arbitrator’s decision,” ibid,

Hector Valentine v. United States

Court of Appeals for the Third Circuit · Jun 23, 2020

His written plea agreement acknowledged that he qualified as a career offender, and it indicated that he had three prior convictions (all of which were New York state court convictions) that qualified as career-offender … A federal prisoner may challenge the legality of his conviction or sentence via a § 2241 petition only if he establishes that a § 2255 motion would be “inadequate or ineffective.”

Grace Marvel v. County of Delaware

397 F. App'x 785 · Court of Appeals for the Third Circuit · Oct 14, 2010

However, all of these claims fail based on Delaware County’s immunity pursuant to Monell v. Dept. of Soc. Serv., 436 U.S. 658 (1978). … Marvel has failed to establish that a pattern of violations existed such to alert the County of a need to establish a policy to prevent a deprivation of rights.

Scott v. Eastern Air Lines, Inc.

399 F.2d 14 · Court of Appeals for the Third Circuit · Dec 9, 1968

By so doing he established his diversity right to recover under the Pennsylvania Wrongful Death Act. … In Weinstein , it was clearly held that if fatal injuries are sustained upon navigable waters, tort claims for those injuries are maritime in nature.

American Civil Liberties Union v. Reno

217 F.3d 162 · Court of Appeals for the Third Circuit · Jun 22, 2000

As the Supreme Court has clearly stated, “the loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.” Elrod v. … Therefore, the Supreme Court held that there is “no basis for qualifying the level of First Amendment scrutiny that should be applied to this [cyberspace] medium.” Id. at 870 , 117 S.Ct. 2329 . 19 .

Linda Williams v. Comm Social Security

317 F. App'x 212 · Court of Appeals for the Third Circuit · Mar 27, 2009

To receive Supplemental Security Income, a claimant must establish that she is disabled under the Social Security Act. … It is unclear on this record whether the time Williams spent volunteering at her friend’s daycare center constituted “substantial gainful activity,” as is necessary for the work to qualify as “past relevant work.”

Fuentes-Miranda v. Attorney General of the United States

533 F. App'x 110 · Court of Appeals for the Third Circuit · Aug 1, 2013

. § 1208.16(c)(2) (providing that, to qualify for relief under the CAT, an applicant must establish “that it is more likely than not that he or she would be tortured if removed to the proposed country of removal”). … Furthermore, the IJ instructed the interpreter on numerous occasions to speak loudly so that Fuentes-Miranda, who has difficulty hearing, could clearly discern the questions.

United States v. Yusuf

49 V.I. 1182 · Court of Appeals for the Third Circuit · Jun 17, 2008

Accordingly, we reject the suggestion that to qualify as “proceeds” under the federal money laundering statute, funds must have been directly produced by or through a specified unlawful activity, and we agree that funds retained … The daisy chain was established so that the burn company was the one legally responsible for collecting the excise taxes on the fuel sales and transmitting them to the government.

DB Enterprise Developers & Builders, Inc. v. Nicholas Micozzie

394 F. App'x 916 · Court of Appeals for the Third Circuit · Sep 17, 2010

“To establish a substantive due process claim, a plaintiff must prove the particular interest at issue is protected by the substantive due process clause and the government’s deprivation of that protected interest shocks … To the extent that DB claims that the case before us “clearly involves corruption and self-dealing,” its complaint does little to support such a contention. (Appellant’s Br. at 12.)

Cowgill v. Raymark Industries, Inc.

832 F.2d 798 · Court of Appeals for the Third Circuit · Nov 6, 1987

Cowgill had received information no later than April 30, 1980 “sufficient to establish that he knew or should have known that he had an asbes *802 tos-related injury.” App. at 642. … The Court of Appeals again reversed, holding: The law of the case controls unless the first decision is clearly erroneous and would result in manifest injustice, there has been an intervening change in the law, or the evidence

Newfound Management Corporation v. Cedrick Lewis

131 F.3d 108 · Court of Appeals for the Third Circuit · Nov 12, 1997

To qualify, the relevant order must first be a final judgment in the sense that it ultimately disposes of an individual claim brought as part of a multiple claim action. Id. at 1153 . … It applied appropriate legal principles and its findings are not clearly erroneous. 76 We will affirm the judgment of the district court.

Quintez Talley v. Supreme Court of Pennsylvania

Court of Appeals for the Third Circuit · May 27, 2022

Moreover, Talley is an experienced pro se litigator who clearly understands English, and the legal issues involved are not difficult. … To establish a violation of Title II of the ADA, a plaintiff must demonstrate that: (1) he is a qualified individual with a disability; (2) he was either excluded from participation in or denied the benefits of some public

In Re Pillowtex

Court of Appeals for the Third Circuit · Sep 23, 2002

The reference is to the United States Trustee authorized to supervise the administration of bankruptcy cases in "[t]he judicial districts established for the States of Delaware, New Jersey, and Pennsylvania," 28 U.S.C. … At the oral argument, Jones Day contended that all bankruptcy lawyers find themselves with past due bills from putative debtors on the eve of bankruptcy and seek to clear the accounts so that they are qualified to serve as