Case law

Taylor v. Chafitz

461 F.2d 621 · Court of Appeals for the Third Circuit · May 24, 1972

The facts of this case clearly do not call for a medical examination under any reasonable interpretation of AR 140-120. … In short, the appellant not only did not establish a prima facie case for a medical examination, but the detailed information he supplied tended to establish a prima fa-cie case for the opposite proposition.

United States v. Ronald Gillette

738 F.3d 63 · Court of Appeals for the Third Circuit · Dec 6, 2013

After carefully examining the record, we hold that neither the Magistrate Judge nor the District Court clearly erred in failing to order a competency hearing. … This provision clearly states that restitution is proper for crimes “against person or property.” Id. (emphasis added).

Thompson v. Commissioner of Internal Revenue. Couse v. Commissioner of Internal Revenue

205 F.2d 73 · Court of Appeals for the Third Circuit · Jun 8, 1953

Clearly, if Thompson’s mother had sold her stock to him before dissolution respondents could not claim there had been an assignment. … Taxation is an intensely practical matter, and, it deals with realities not semblances; with substance and not form, as we have pointed out in the past. 22 In the instant case the record clearly establishes that on October

In Re Paoli Railroad Yard PCB Litigation

35 F.3d 717 · Court of Appeals for the Third Circuit · Oct 17, 1994

Sherman was not qualified to testify as an expert. It explained that Dr. … Kopstein's testimony had only been offered for the purpose of establishing plaintiffs' "opportunities for exposure" to PCBs and thus could not establish a continuing health hazard.

Sabree, Sabree v. Richman

367 F.3d 180 · Court of Appeals for the Third Circuit · May 11, 2004

Although they qualify for state assistance to obtain these services under the Medicaid Act, that assistance has not been forthcoming. … The only issue before us, however, is whether plaintiffs may sue Pennsylvania under 42 U.S.C. § 1983 to obtain the "assistance" for which they qualify.

Black, Elwood W., Sr. And Black, Joyce v. Stephens, Wayne and City of Allentown and Gable, Carson

662 F.2d 181 · Court of Appeals for the Third Circuit · Nov 3, 1981

It does so despite the fact that the damage award, on its face, clearly suggests that the jury disregarded both the law and the facts when it decided the amount and apportionment of damages. … review here in order to resolve ... the availability of punitive damages, and it would scarcely be appropriate or just to confine our review to determining whether any error that might exist is sufficiently egregious to qualify

Tai Kwan Cureton v. National Collegiate Athletic Association

198 F.3d 107 · Court of Appeals for the Third Circuit · Dec 22, 1999

qualify. 54 JA at 756a. … The Supreme Court expressed skepticism over whether those circumstances established the NCAA's state authority, but the Court clearly entertained the possibility that those circumstances established the NCAA's control of

Alkon v. United States

239 F.3d 565 · Court of Appeals for the Third Circuit · Jan 19, 2001

S 1961 ; that section, therefore, does not establish the applicable interest rate. … reflecting the Congressional intent when a definedterm is used even in subsequent legislation, it is not controlling where consideration of the term's immediate context and its place in the overall Congressional scheme clearly

United States v. City of Philadelphia

573 F.2d 802 · Court of Appeals for the Third Circuit · Feb 27, 1978

The defendants were instructed to fill approximately 470 police officer vacancies with both qualified males and qualified females. … The granting of preliminary relief was clearly proper under Obum v. Shapp, supra.

United States of America Government of the Virgin Islands v. Edwin Velasquez

64 F.3d 844 · Court of Appeals for the Third Circuit · Dec 6, 1995

Bonjour to testify as a qualified expert in the field of handwriting analysis. … We review the district court’s findings of fact under a clearly erroneous standard. Sheet Metal Workers, Local 19 v. 2300 Group, Inc., 949 F.2d 1274, 1278 (3d Cir.1991). III.

Waris v. Heartland Home Healthcare Services, Inc.

365 F. App'x 402 · Court of Appeals for the Third Circuit · Feb 17, 2010

In a failure-to-hire case such as Waris’s, a plaintiff must make a prima facie showing that: (1) he is a member of a protected class; (2) he was qualified for the position sought; (3) he was rejected despite being qualified … better qualified for the position at issue).

Black United Fund of New Jersey, Inc., a Non-Profit New Jersey Corporation v. Thomas H. Kean, Governor of the State of New Jersey

763 F.2d 156 · Court of Appeals for the Third Circuit · May 24, 1985

U.S. 45 , 90 S.Ct. 200 , 24 L.Ed.2d 214 (1969), the plaintiffs contended that a six month state residency requirement imposed on the right to vote was a violation of the equal protection, due process, and privileges and immunity … Presumably, plaintiff will qualify as a “charitable fund-raising organization,” and will be eligible to participate in the campaign later this year.

Norfolk Southern Corporation v. Oberly, III

822 F.2d 388 · Court of Appeals for the Third Circuit · Jun 30, 1987

The DCMP was approved in 1979, enabling Delaware to qualify for CZMA funding of program implementation. The DCMP was reapproved in 1980, 1982, and 1984. … This point is made most clearly in Philadelphia v.

Consolidated Express, Inc. v. New York Shipping Ass'n

602 F.2d 494 · Court of Appeals for the Third Circuit · Apr 16, 1979

Since the three Justices who joined in the Douglas opinion would have upheld the union’s claim of antitrust immunity absent a showing of predatory intent, and three others would have upheld the claim of immunity on broader … Since that finding was not clearly erroneous, Justice White said that the agreement was exempt. Id. at 697 , 85 S.Ct. 1596 .

Michael Rinaldi v. United States

Court of Appeals for the Third Circuit · Sep 12, 2018

The inmate must “clearly mark ‘Sensitive’ upon the Request and explain, in writing, the reason for not submitting the Request at the institution.” Id. … Analogies to well-established exceptions in habeas and administrative law are useful.

Williams v. United States

321 F. App'x 129 · Court of Appeals for the Third Circuit · Apr 8, 2009

Prior to admitting an expert opinion, a district court must be satisfied that the proffered expert is qualified, and that his or her opinion is reliable. Oddi v. Ford Motor Co., 234 F.3d 136, 145 (3d Cir. 2000). … The District Court struck the Reeves Reports upon concluding that Appellant failed to establish both Reeves’ qualifications and his methodology.

Vandermark v. Housing Authority

663 F.2d 436 · Court of Appeals for the Third Circuit · Oct 23, 1981

We agree with defendants that this provision clearly indicates that income and family composition are not necessarily the exclusive criteria to be used in determining eligibility for Section 8 housing. … Natural Carbonic Gas Co., 220 U.S. 61, 78 , 31 S.Ct. 337, 340 , 55 L.Ed. 369 (1911)), it cannot be said that the classifications are “clearly wrong, a display of arbitrary power, not an exercise of judgment.”

Overfield v. Pennroad Corporation

146 F.2d 889 · Court of Appeals for the Third Circuit · Dec 28, 1944

They are immune from suit by reason of lapse of time. … The *893 plaintiffs have not shown us and we cannot find that the findings of the trial court were clearly erroneous. Moral fraud is thus clearly eliminated.

Sandra K. Barnes and Robert E. Barnes v. United States

685 F.2d 66 · Court of Appeals for the Third Circuit · Jun 28, 1982

We conclude that the district court’s fact finding was not clearly erroneous and that the court did not err in the selection, interpretation, or application of legal precepts. Accordingly, we affirm. 2 I. … The government’s liability is qualified, however, by an express bar against punitive damages: The United States shall be liable ... in the same manner and to the same extent as a private individual under like circumstances

United States v. Rudy Yujen Tsai

954 F.2d 155 · Court of Appeals for the Third Circuit · Mar 17, 1992

This evidence, coupled with the State Department certification, was more than sufficient to establish defendant’s need for an export license. … As the defendant himself concedes, these findings, although disputed, are not clearly erroneous.