Case law

Sherry Moore v. Secretary United States Depart

Court of Appeals for the Third Circuit · Dec 4, 2017

Although Moore is proceeding pro se on appeal, her brief is well-written and she clearly presents her issues with the District Court’s opinion. … A prima facie case of race discrimination requires a plaintiff to establish that: (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and (4)

Peterson v. Brennan

196 F. App'x 135 · Court of Appeals for the Third Circuit · Sep 26, 2006

The relevant question here is whether Peterson’s Motion to Supplement qualifies as a “second or successive” habeas petition subject to 28 U.S.C. § 2244. … Barbo, 175 F.3d 307, 313 (3d Cir. 1999), the applicable rule must have been “firmly established” and “regularly applied” at the time of the state court procedural default, Doctor, 96 F.3d at 684.

Glass v. Phila. Elec. Co.

Court of Appeals for the Third Circuit · Sep 8, 1994

Hicks, the Supreme Court confirmed that, under the well-established burden-shifting formula of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), and Texas Dept. of Community Affairs v. … In short, there are clearly factors on both sides of the Rule 403 balance, and reasonable minds can differ as to whether that balance tilts in favor of admission or exclusion of the Eddystone evidence.

Fraternal Order of Police Pennsylvania Lodge v. Township of Springfield

Court of Appeals for the Third Circuit · Jan 28, 2025

Ct. 2355, 2365 (2023) (“If at least one plaintiff has standing, the suit may proceed.”). 5 supporting Black Lives Matter qualifies as speech on matters of public concern, … Boren, 429 U.S. 190, 199-200 (1976) (“Clearly, the protection of public health and safety represents an important function of state and local governments.”); Harris v.

Torres v. Metropolitan Life

Court of Appeals for the Third Circuit · Jun 24, 1999

MetLife does not dispute that Torres qualifies as a prevailing party. … See El Club Del Barrio, 735 F.2d at 100 (rejecting a "silence equals waiver" rule because it "pays inadequate attention to the presumption established in Hensley and Piggie Park in favor of prevailing civil rights plaintiffs

Hofkin v. Provident Life

Court of Appeals for the Third Circuit · Apr 15, 1996

Under Pennsylvania law, an insurer's "bad faith must be established by clear and convincing evidence and not merely insinuated." Terletsky v. … Thus, the argument goes, by informing him that he may qualify for additional residual disability benefits but not telling him that he might qualify for additional total disability benefits, Provident had acted in bad

Cardenas v. Massey

Court of Appeals for the Third Circuit · Oct 16, 2001

July 31, 2001) ("Suits brought against the State as an employer are clearly within the scope of the explicit waiver of sovereign immunity contained in [the LAD]"); Newsome v. … Hurley , 174 F.3d at 128 (citing New Jersey cases); see also id. at 126 (failure to act may qualify as aiding and abetting when it rises to the level of "substantial assistance or encouragement.") (quotation omitted).

Rabinder Balami v. Attorney General United States

Court of Appeals for the Third Circuit · Dec 4, 2017

Accordingly, an asylum applicant may demonstrate that he qualifies for asylum by 1 We do not, however, review issues in the IJ’s decision that the BIA did not reach. Sandie v. … However, contrary to Balami’s argument, the record simply does not compel the conclusion that Balami’s fear of persecution was objectively 11 reasonable because it clearly demonstrates

McDougal-Saddler v. Secretary Labor

Court of Appeals for the Third Circuit · Jul 2, 1999

If there should be disagreement between the physician making the examination on the part of the United States and the injured employee's physician, the Office shall appoint a third physician, qualified … By contrast, in FISA Congress has spoken clearly and directly: "[N]o court shall have jurisdiction to affect by injunction or otherwise the issuance or enforcement of any [Board] notice or order

Burlington v. Hyundai

Court of Appeals for the Third Circuit · Aug 18, 1995

Court of Claims, that time spent as a Naval Academy cadet during the Civil War qualified as "serv[ice] during the civil war", entitling him to a pension enhancement under an applicable pension statute. … According to Justice White, preclusion would not have been appropriate had the Sixth Circuit already clearly resolved the legal issue in question: Extending preclusion to circuits that have adopted a

Robin Feeko v. Pfizer Inc

636 F. App'x 98 · Court of Appeals for the Third Circuit · Jan 6, 2016

The Agreement also 2 ERISA defines “plan sponsor” in relevant part as “the employer in the case of an employee benefit plan established or maintained by a single employer . . . or . . . in the case of a plan established … The only attempt that Pfizer makes to justify its interpretation as a matter of common usage is that “Benchmark qualified as a successor company of Pfizer with respect to the provision of credit union services.”

Hackensack University Medical Center v. Sebelius

380 F. App'x 133 · Court of Appeals for the Third Circuit · May 14, 2010

The Secretary points out that Hackensack initially submitted no documentation for a temporary increase, and when it later did so, the documentation was unreliable in establishing which of the potential United residents … That, the Secretary argues, was clearly the most reliable evidence before the Intermediary.

Presbytery of New Jersey of the Orthodox Presbyterian Church v. Florio

40 F.3d 1454 · Court of Appeals for the Third Circuit · Nov 16, 1994

The state’s representations clearly show that the claims of the institutional plaintiffs, Presbytery and Calvary are not ripe. … Our reasons for so concluding also establish Cummings’ standing to assert a violation of his First Amendment rights.

United Steelworkers of Americ. v. Crown Cork & Seal Co., Inc.

32 F.3d 53 · Court of Appeals for the Third Circuit · Aug 10, 1994

A layoff must last more than six months before it qualifies as actionable under WARN. 29 U.S.C. §2101(a)(6)(B). … In this case, as in those, the federal statute may be borrowed only if it clearly provides a closer analogy than the available state statutes.

Pennsylvania Env'l Def. Fndtn v. Canon McMillan Schl. Dist.

Court of Appeals for the Third Circuit · Aug 11, 1998

The clear deviation from an established legal rule can qualify as plain error. Of course, this is a power we exercise only "sparingly." See Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. … There can be no serious dispute that PEDF qualified as the "prevailing party."

United States Trustee v. First Jersey Securities, Inc.

180 F.3d 504 · Court of Appeals for the Third Circuit · Jun 10, 1999

S 547, and that error led it to conclude RSW was qualified to serve as counsel to the debtor under 11 U.S.C.S 327. … The timing of the payment to RSW is clearly suspect. The transfer of stock was made on the day the debtor filed its petition for bankruptcy.

Warren v. Reading School District

278 F.3d 163 · Court of Appeals for the Third Circuit · Jan 23, 2002

PLAINTIFF ESTABLISHED ACTUAL KNOWLEDGE OF "AN APPROPRIATE PERSON." … Therefore, it did not conclusively establish Sepulveda's knowledge of Brown's conduct.

United States v. Gregg

226 F.3d 253 · Court of Appeals for the Third Circuit · Sep 7, 2000

The regulated enterprises were clearly within Morrison's definition of economic activity. … In some cases, when clinics closed, women were required to travel, perhaps interstate, to obtain the services of another establishment.

United States of America Ex Rel. Edward Bennett No. H-6720 v. Alfred T. Rundle, Warden of Eastern Correctional Institute, Graterford, Pa

419 F.2d 599 · Court of Appeals for the Third Circuit · Jan 14, 1970

The public trial guarantee of the Sixth Amendment was established at a time when there was obviously no separate Jackson v. Denno hearing on voluntariness. In his concurring opinion in Estes v. … Massachusetts, supra: 'There is danger that the criminal law will be brought into contempt-- that discredit will even touch the great immunities assured by the Fourteenth Amendment-- if gossamer possibilities of prejudice

United States v. Rivera

206 F. App'x 229 · Court of Appeals for the Third Circuit · Dec 4, 2006

far removed from the conclusive significance of a prior judicial record, and too much like -6- the findings subject to Jones and Apprendi, to say that Almendarez-Torres clearly … At sentencing, the district court determined that Coleman had five prior convictions, and thus qualified as an armed career criminal under 18 U.S.C. § 924(e).