Case law

Singletary v. PA Dept Corrections

Court of Appeals for the Third Circuit · Oct 11, 2001

1999, the District Court granted this motion in part by dismissing Singletary's S 1983 claims against these defendants on Eleventh Amendment grounds, but denied their motion to dismiss the pendent state claims on sovereign immunity … Moore, Moore's Federal Practice S 15.19[3][c], at 15-88 to 15-89 (3d ed. 2001) ("Legal counsel shared by the original and new defendants is not sufficient to establish an identity of interest."

United States v. Richard Bush

Court of Appeals for the Third Circuit · Jul 6, 2018

This was sufficient to establish Barrett’s personal knowledge. … It also found that the witnesses were not qualified as experts to give the legal conclusions that Mishra’s counsel was attempting to elicit.

United States v. Richard Stadtmauer

Court of Appeals for the Third Circuit · Sep 9, 2010

We have little trouble concluding that the District Court’s finding in this case was not clearly erroneous. … Even assuming the District Court clearly erred in finding that Zecher’s testimony was not false, Stadtmauer has not demonstrated that the Government knew or should have known 74 that Zecher

Lee Donaldson v. Informatica Corporation

420 F. App'x 204 · Court of Appeals for the Third Circuit · Mar 28, 2011

The court also concluded Donaldson had not established harm to his reputation and thus his claim failed as a matter of law. II. … The plain language of Section F clearly states that a “hold” is permissive, and we are not persuaded otherwise.

United States v. Leroy Brooks

Court of Appeals for the Third Circuit · May 17, 2018

Because Brooks qualified as a career offender, his offense level automatically became 37. … Washington,21 the District Court clearly erred in evaluating Brooks’ discovery motion under Armstrong.

Jones v. School Dist. Phila.

Court of Appeals for the Third Circuit · Dec 10, 1999

Industries, Inc., 56 F.3d 491 (3d Cir. 1995), the district court stated that a prima facie case is established when a plaintiff shows the following: (1) "that he is a member of a protected class"; (2) that he"is qualified … As a result of the first transfer, he lost his opportunity to teach physics, which clearly was the subject he sought most to teach.

Thomas v. Dragovich

142 F. App'x 33 · Court of Appeals for the Third Circuit · Jul 13, 2005

Gillis, 372 F.3d 218, 235 (3d Cir. 2004), that the Estelle "deliberate indifference to serious medical needs" standard is clearly met when a doctor is "intentionally inflicting pain on [a] prisoner[ ]," 897 F.2d at 109 … Perhaps they “confirm that Cerullo had a belief that Thomas was under the care of the prison doctor and medical staff,” ante at 9-10, but, as I have explained above, that does not completely immunize Cerullo (or Dragovich

United States v. Tamika Riley

621 F.3d 312 · Court of Appeals for the Third Circuit · Sep 16, 2010

Franklin knew that Riley had no experience as a real estate developer and would not have qualified to acquire SWRP properties as the program was initially operated. … As established above, there is sufficient evidence for a jury to have concluded that Appellants had an intimate relationship.

United States v. Donna Fallon

Court of Appeals for the Third Circuit · Sep 30, 2022

Here, what constituted normal operations of the company was established largely through the testimony of Daniel Stieglitz, the Vice President of Finance in Guaranteed Returns. … Maryland 109 de novo for conclusions of law, but applies a clearly erroneous standard to findings of fact. 110 To establish a Brady violation, Appellants must show (1) that the Government suppressed evidence; (2) that the

Tyger Construction Company Incorporated Fidelity and Deposit Company of Maryland v. Beer Precast Concrete Limited v. Skyline Crane Service, Inc., Third Party Tyger Construction Company Incorporated, and Fidelity and Deposit Company of Maryland v. Beer Precast Concrete Limited v. Skyline Crane Service, Inc., Third Party Fidelity and Deposit Company of Maryland, and Tyger Construction Company Incorporated v. Beer Precast Concrete Limited v. Skyline Crane Service, Inc., Third Party

896 F.2d 1367 · Court of Appeals for the Third Circuit · Feb 13, 1990

896 F.2d 1367 Unpublished Disposition NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … However, the Official Comment qualifies this subsection: However, modifications made [under this section] must meet the test of good faith imposed by this Act.

United States v. Kemp

Court of Appeals for the Third Circuit · Aug 27, 2007

The next day, Umbrell approved Kemp’s request to be pre-qualified for a $227,000 mortgage. … That response, which was uncontradicted on the record, clearly points to the juror’s view of the evidence.

Maynard v. Government of the Virgin Islands

392 F. App'x 105 · Court of Appeals for the Third Circuit · Aug 25, 2010

See Pelullo II, 399 F.3d at 209 (imposing burden of establishing a Brady challenge upon the defendant). … Assuming that Weeks’s treatment records qualified as Brady materials, they nevertheless 11 One might argue that the denial of Maynard’s Brady challenge will create an incentive for prosecutors to withhold the names

Colacicco v. Apotex Inc

Court of Appeals for the Third Circuit · Apr 8, 2008

Therefore, under the circumstances of this case, the plaintiffs’ failure-to-warn claims are preempted by the FDA’s actions taken in accordance with its statutory authority. 32  The FDA clearly … The Court stated that the agency was “‘uniquely qualified’ to comprehend the likely impact of state requirements.” Id. (quoting Lohr, 518 U.S. at 496).

Torre v. Casio, Inc.

Court of Appeals for the Third Circuit · Dec 21, 1994

Because Torre had not clearly stated his position at summary judgment, the district court first evaluated Torre's claim as a direct evidence case and properly concluded that there was no direct evidence that discriminatory … evidence that he or she (1) belongs to a protected class, i.e. is at least 40 years of age; (2) was qualified for the position; (3) was dismissed despite being qualified; and (4) ultimately

United States v. Askari (Part I - Amended)

Court of Appeals for the Third Circuit · Apr 8, 1998

The latter applies "only to blackmail and similar forms of extortion where there clearly is no threat of violence to person or property." USSG S 2B3.3, comment. (n.1). 17. See United States v. … Accordingly, we hold Askari could not qualify for departure under USSG S 5K2.13 because he did not commit a "non-violent offense."

Khodara Environmental, Inc. v. Beckman

237 F.3d 186 · Court of Appeals for the Third Circuit · Jan 17, 2001

William Miksich, Mark McKinley, Frederick Murray, Tim Morgan, Robert Reitz, Henry Deible and Paul McMillen. 9 argued that he was entitled to summary judgment on the basis of Eleventh Amendment immunity … The Court of Appeals for the District of Columbia Circuit recently addressed this same question, and we find its reasoning persuasive: Clearly, the passage of new legislation repr esents voluntary action, and

United States v. Cross

Court of Appeals for the Third Circuit · Oct 18, 2002

Some clearly innocent defendants were found guilty as a result. … Of the four factors, this one most clearly highlighted the damage done by the evidence related to Count 54.

In Re: NFL Players' Concussion v.

Court of Appeals for the Third Circuit · Oct 31, 2019

The District Court also retained continuing jurisdiction over “qualified settlement funds” that were established under the settlement agreement. … The District Court’s denial of Lorentz’s request for a portion of common benefit fees was clearly based on a lack of jurisdiction.

United States v. CDMG Realty Co.

96 F.3d 706 · Court of Appeals for the Third Circuit · Sep 27, 1996

Mich. 1991) (the unchecked spread of contaminated groundwater qualifies as disposal under CERCLA); Stanley Works v. Snydergeneral Corp., 781 F. Supp. 659, 662-64 (E.D. … Our holding is clearly consistent with the latter purpose.

United States v. Beverly Hannibal

663 F. App'x 206 · Court of Appeals for the Third Circuit · Oct 20, 2016

Background 1 While Hannibal was being treated for cancer, she qualified for the services of an in-home personal care worker funded by the Medicaid Home and Community Based Services Attendant Care Program. … The burden of establishing grounds for withdrawal is on the defendant, and that burden is substantial. Id.