Case law

Deweese v. NATIONAL RR PASSENGER CORP.(AMTRAK)

590 F.3d 239 · Court of Appeals for the Third Circuit · Dec 22, 2009

Ass’n, 505 U.S. 88, 108 , 112 S.Ct. 2374 , 120 L.Ed.2d 73 (1992) (“[U]nder the Supremacy Clause, from which our pre-emption doctrine is derived, any state law, however clearly within a State’s acknowledged power, which interferes … This approaches express preemption but does not qualify as such because the language of § 28103(b), while clear in its implication, is not explicit about preemption.

Spiess v. Pocono Mountain Regional Police Department

580 F. App'x 116 · Court of Appeals for the Third Circuit · Sep 16, 2014

Qualified immunity protects government officials from the burdens of a trial “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The Appellants argue that “their actions did not violate clearly established law and were 10 objectively reasonable” (Appellants’ Opening Br. at 20 (emphasis added)), yet what

United States v. Harold Oxman, United States of America v. William H. Pflaumer

740 F.2d 1298 · Court of Appeals for the Third Circuit · Sep 28, 1984

The court then concluded: Clearly, therefore, even if the defendants had been able to impeach Wille by virtue of the immunity agreement, there was sufficient other evidence implicating Mr. Pflaumer. App. at 1673. … Jock does____” (Memorandum of Defendants, In support of Motion for Judgment of Acquittal, pp. 7 and 8). *1319 Clearly, therefore, even if the defendants had been able to impeach Wille by virtue of the immunity agreement,

Cohen v. Board Of Trustees Of The University Of Medicine And Dentistry Of New Jersey

867 F.2d 1455 · Court of Appeals for the Third Circuit · Feb 10, 1989

In rejecting the individual defendants' qualified immunity defense, the district court concluded that they should have known that Dr. … The Qualified Immunity Contention 114 President Bergen, Dean Lanzoni and Dr.

Elvira Pamintuan, M. D. v. Nanticoke Memorial Hospital

192 F.3d 378 · Court of Appeals for the Third Circuit · Sep 21, 1999

To establish such a case under section 1981, Dr. … Pamintuan had the burden of establishing that the hospital did not meet the standard for immunity. See Brader v. Allegheny Gen. Hosp., 167 F.3d 832, 839 (3d Cir.1999).

Commonwealth of Pennsylvania, Department of Environmental Resources v. United States Postal Service

13 F.3d 62 · Court of Appeals for the Third Circuit · Dec 21, 1993

applies to the Postal Service, since it is an “independent establishment of the executive branch.” 39 U.S.C. § 201 (1988). … Accordingly, we believe that the Postal Service is not immune unless it can be “clearly shown that certain types of suits are not consistent with the statutory or constitutional scheme, that an implied restriction of the

Estate of Joseph Maglioli v. Alliance HC Holdings, LLC

16 F.4th 393 · Court of Appeals for the Third Circuit · Oct 20, 2021

Covered persons include manufacturers, distributors, program planners, and qualified persons, as well as their officials, agents, and employees. 85 Fed. Reg. at 15,201. The scope of immunity is broad. … The nursing homes argue that PREP Act immunity is a significant federal issue that passes the Grable test.

Euster v. Eagle Downs Racing Ass'n

677 F.2d 992 · Court of Appeals for the Third Circuit · May 17, 1982

The Mid-cal Court stressed that the state simply authorized price-setting and enforced the prices established by private parties. … These facts are clearly distinguishable from the case before us.

Frank Genty v. Resolution Trust Corporation

937 F.2d 899 · Court of Appeals for the Third Circuit · Jul 8, 1991

Michigan Dep't of State Police, 491 U.S. 58, 67 , 109 S.Ct. 2304, 2309 , 105 L.Ed.2d 45 (1989) (holding that Congress in passing the civil rights act did not intend to override well-established common law immunities and defenses … Brubaker is indeed a qualified expert toxicologist.

Frett v. Government of the Virgin Islands

839 F.2d 968 · Court of Appeals for the Third Circuit · Feb 17, 1988

The case against the Governor was then dismissed based on qualified immunity. 1 The court reserved ruling on former Commissioner Felix in order to determine if he had *974 statutory responsibility at the critical time. … Since qualified immunity is an affirmative defense, dismissal on that ground may have been error.

Thomas v. MacNamara v. Korean Air Lines

863 F.2d 1135 · Court of Appeals for the Third Circuit · Dec 21, 1988

Although national treatment was the predominant standard, two other kinds of protection were established in FCN Treaties. … Moreover, the parties further agree that this right includes the right to discriminate on the basis of citizenship; thus foreign businesses clearly have the right to choose citizens of their own nation as executives because

Waskovich v. Morgano

2 F.3d 1292 · Court of Appeals for the Third Circuit · Aug 16, 1993

immunity. … The district court also denied as moot Wasko-vich’s motion for reconsideration of its earlier ruling that the defendants were entitled to qualified immunity. See Waskovich, 800 F.Supp. at 1227 . .

Planned Parenthood Of Central New Jersey v. * The Attorney General Of The State Of New Jersey

297 F.3d 253 · Court of Appeals for the Third Circuit · Jul 11, 2002

The plaintiffs respond that because the District of New Jersey Local Rule 54.2(a) is an "order of the court," it qualifies as an exception to the limitations period in Fed. R.Civ.P. 54(d)(2)(B). … [Thus, t]heir legislative immunity should not protect them when they step outside the function for which their immunity was designed."

D. S.-W. v. United States

962 F.3d 745 · Court of Appeals for the Third Circuit · Jun 22, 2020

At the time, its website and each of its offices indicated that Primary Health Network was a “Federally Qualified Health Center.” … In particular, the Court made two observations that help us more clearly define the contours of our test.

Robert W. Kelley v. Metropolitan County Board of Education of Nashville and Davidson County, Tennessee, Defendants-Third-Party Cross v. State of Tennessee Lamar Alexander, Governor of the State of Tennessee Robert L. McElrath Commissioner of Education and State Board of Education, Third-Party Cross-Appellees

836 F.2d 986 · Court of Appeals for the Third Circuit · Mar 15, 1988

The "absolute bar" of sovereign immunity therefore applies. … the state through taxation of its people is to be expended only as the people themselves direct, in laws enacted by representatives chosen by the people and accountable to them at election time. 40 The federal judiciary clearly

Farber v. City of Paterson

440 F.3d 131 · Court of Appeals for the Third Circuit · Mar 8, 2006

The Court explained that, while women generally constituted a “class” that might substantively qualify for § 1985(3) protection,3 the subgroup of “‘[w]omen seeking abortion’ is not a qualifying class” because “the class ‘ … Keating reasoned that while today the Klan is seen primarily as a racist organization, in 1871 it was also “a political organization intent on establishing Democratic hegemony in the South.” 706 F.2d at 387.

Mario Diana v. Williard Oliphant

441 F. App'x 76 · Court of Appeals for the Third Circuit · Aug 2, 2011

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … The second question is whether the right at issue was “clearly established.” al-Kidd, 131 S. Ct. at 2080.

Richard S. Sprague v. F. Emmett Fitzpatrick, Jr., Individually

546 F.2d 560 · Court of Appeals for the Third Circuit · Dec 6, 1976

There was no disputed issue of material fact, and both parties clearly acquiesced in the court’s decision to consider the legal issues in the case. Sprague does not contend that this decision was error. … Because of the infinite variety of situations in which such criticism could arise, however, the Court refused to establish a bright-line test for protected speech in the public employee context.

Daniel D. Rappa, Sr. v. New Castle County Dennis E. Greenhouse Robert W. O'Brien John C. Carney, Jr. Mark A. Kleinschmidt William S. McIntyre Daniel D. Rappa, Sr. v. State of Delaware Department of Transportation of the State of Delaware Kermit H. Justice, Ann Canby, Secretary, in Her Official Capacity, and Kermit H. Justice, in His Individual Capacity

18 F.3d 1043 · Court of Appeals for the Third Circuit · Mar 11, 1994

QUALIFIED IMMUNITY ................................................ 1077 A. Qualified Immunity of Defendant Justice ..................... 1077 B. Qualified Immunity of the Individual County Defendants ...... 1078 X. … 148 In evaluating a claim of qualified immunity, the court considers whether the official's conduct "violated clearly established statutory or constitutional rights of which a reasonable person would have known."

Rubylee Davis, in No. 73-1249. v. George W. Romney, Individually and in His Capacity as Secretary of Housing and Urban Development, in No. 73-1420

490 F.2d 1360 · Court of Appeals for the Third Circuit · Jan 28, 1974

Since the facts established below demonstrate that this has not been done, plaintiffs properly prevailed on the merits of their claim. … This idea clearly is incorporated into the federal law of declaratory judgments.