Case law

Francis P. And E. Edith McCullough in No. 74-1997 v. Redevelopment Authority of the City of Wilkes-Barre, a Public Corporation Francis P. And E. Edith McCullough v. Redevelopment Authority of the City of Wilkes-Barre, a Public Corporation, in No. 74-1998. Francis P. And E. Edith McCullough v. Redevelopment Authority of the City of Wilkes-Barre, a Public Corporation Appeal of Theodore R. Robb and James T. Lynn in No. 74-1999

522 F.2d 858 · Court of Appeals for the Third Circuit · Jul 9, 1975

These surveys shall also be the basis for the establishment of PRS. … Such evidence clearly substantiates the district court's finding that: "If any Plaintiff could demonstrate that his property qualifies for acquisition in accordance with criteria developed by the Redevelopment Authority,

Transorient Navigators Company, S.A., Cross-Appellant v. M/s Southwind, Her Engines, Tackle, Apparel, Etc., in Rem and Westwind Africa Line, Ltd., Defendants-Third Party Cross-Appellees v. M/v Astros, in Rem and Transorient Navigators Co., S.A. In Personam, Third-Party Cross-Appellants. Flour Mills of Nigeria, Ltd. v. M/v Astros, in Rem and Transorient Navigators Co., S.A. In Personam, Cross-Appellants v. Westwind Africa Line, Ltd., and the M/s Southwind, Her Engines, Tackle, Apparel, Etc., in Rem, Appellant-Cross Westwind Africa Line, Ltd v. The United States of America and the U.S. Army Corp of Engineers, New Orleans District

788 F.2d 288 · Court of Appeals for the Third Circuit · Apr 28, 1986

We base our analysis on two well-established principles of admiralty. … The Suits in Admiralty Act's waiver of the Government's general defense of sovereign immunity limits interest to this rate.

National Railroad Passenger Corporation v. Pennsylvania Public Utility Commission Glen Thomas, Chairman, Pennsylvania Public Utility Commission Robert K. Bloom, Vice Chairman, Pennsylvania Public Utility Commission Aaron Wilson, Jr., Commissioner, Pennsylvania Public Utility Commission Terrence J. Fitzpatrick, Commissioner, Pennsylvania Public Utility Commission, Southeastern Pennsylvania Transportation Authority v. Pennsylvania Public Utility Commission

342 F.3d 242 · Court of Appeals for the Third Circuit · Aug 27, 2003

As part of the RPSA, Congress created Amtrak and provided private railroads the opportunity to transfer their passenger-service obligations to Amtrak, which Congress had established for that purpose. … Although we agree that the PUC's analysis is lacking, we will decide the issue on the merits. 15 The Commonwealth Court clearly overlooked the fact that SEPTA was a party to both the PUC proceedings and the Consent Decree

In Re It Group, Inc.

448 F.3d 661 · Court of Appeals for the Third Circuit · May 25, 2006

The Plan is administered by a committee established by the Corporation's President and Chief Executive Officer. … As discussed above, the terms of the Plan and Trust documents clearly and unambiguously evince the Corporation's intent to create an unfunded top hat plan.

EEOC v. Allstate Insurance Co

Court of Appeals for the Third Circuit · Mar 26, 2015

In fact, the EEOC has established neither protected activity nor an adverse action. … Even had the Commission been able to establish protected activity, its argument would fail for lack of an adverse employment action.

Commonwealth Of Pennsylvania v. United States

752 F.2d 795 · Court of Appeals for the Third Circuit · Dec 6, 1984

Sec. 602 (1982). 6 The SSI program, which is another public assistance program established by federal statute, see 42 U.S.C. … AFDC payments made during the SSI determination period still clearly constitute "income" that must be deducted from SSI payments under section 1382a(b)(6) and 20 C.F.R.

Canada v. Samuel Grossi & Sons Inc

49 F.4th 340 · Court of Appeals for the Third Circuit · Sep 15, 2022

The evidence here clearly supports a conclusion that Grossi was looking for something 54 Id. at 640. 55 Id. at 641. 56 Id. 57 Id. at 637. 58 Id. … Thus, it is not at all clear on this record how text messages could establish if the cellphone was a company phone.

Monongahela Valley Hospital, Inc. v. Sullivan

945 F.2d 576 · Court of Appeals for the Third Circuit · Sep 20, 1991

More specifically, the manner in which Monongahela and Mon Vale handled the transferred funds failed to satisfy either of the two crucial elements in the establishment of a funded depreciation account: (1) they were not clearly … Indeed, as we have discussed, see supra at 580, at least some of the transferred sums clearly were not devoted to the exclusive purposes for which funded depreciation accounts are to be established and were instead expend

William Azubuike Etugh v. United States Immigration and Naturalization Service

921 F.2d 36 · Court of Appeals for the Third Circuit · Oct 15, 1990

Quoting from Matter of Acosta, I.D. 2986 (1984), the IJ noted that to qualify as a refugee, an alien must do more than show a well-founded fear of persecution in a particular place or abode within a country; he must show … When an alien has made a motion to reopen his deportation proceedings to obtain discretionary relief such as asylum under section 208, the Board clearly has discretion to deny the motion to reopen, even if the alien has made

Charles Powers, Marguerite Powers v. The Southland Corporation T/a 7-Eleven Robert Yeager

4 F.3d 223 · Court of Appeals for the Third Circuit · Sep 24, 1993

There, the relevant portion of the case, the resubstitution order, was clearly part of the case remanded to the state court. … This argument, however, is clearly without merit. First, there is nothing in City of Waco that is inconsistent with § 1447(d).

Fredrick Capps v. Mondelez Global LLC

847 F.3d 144 · Court of Appeals for the Third Circuit · Jan 30, 2017

It is unnecessary to address whether Capps waived his ADA claim on appeal, since, even assuming the claim was not waived, it is clearly without merit. … There is clearly a lack of evidence to show that Mondelez did not make a good faith effort in accommodating Capps’ request for intermittent leave.

Hartford Fire Insurance Co. v. Lawrence

740 F.2d 1362 · Court of Appeals for the Third Circuit · Jul 31, 1984

The United States Supreme Court has held that due process does not prohibit the abolition of causes of action: 23 Our cases have clearly established that "[a] person has no property, no vested interest, in any rule of the … Brown, has challenged this long-standing rule, arguing that under the "open court" provision legislation that withdraws remedies for well-established common-law causes of action should be held constitutional only if other

John Barren, an Incompetent, by His Guardian, Henrietta Barren v. United States

839 F.2d 987 · Court of Appeals for the Third Circuit · Mar 28, 1988

. — , 108 S.Ct. 743 , 98 L.Ed.2d 756 (1988), holding the United States immune from tort suit because a Maryland employer would be immune from tort suit under Maryland’s workers’ compensation law. … Const.Stat.Ann. § 1926 (Purdon Supp.1987) (effective 1972) ("No statute shall [be] construed to be retroactive unless clearly and manifestly so intended by the General Assembly.”). See Hanczar v. Trellis, 14 Pa.

Rogers v. Larsen

563 F.2d 617 · Court of Appeals for the Third Circuit · Sep 23, 1977

The Supreme Court has, however, established three grounds upon which a local statute may be deemed pre-empted by federal law. … Clearly, citizen-workers would best be protected and assured high wages if no aliens were allowed to enter.

Pennsylvania, Department of Public Welfare v. Sebelius

674 F.3d 139 · Court of Appeals for the Third Circuit · Mar 15, 2012

PRWORA § 116(b)(3) establishes guidelines for the close-out of state AFDC programs during the transition to TANF. … To establish standing to sue, a plaintiff has the burden of establishing an “injury in fact”: a harm that is both concrete and particularized, either actual or imminent, and not conjectural or hypothetical. Lujan v.

United States v. Apple Macpro Computer Apple Ma

949 F.3d 102 · Court of Appeals for the Third Circuit · Feb 6, 2020

B Next, the proceedings to enforce the search warrant qualify as “court proceeding[s]” within the meaning of 15 582 F.3d 512 (3d Cir. 2009). 16 Id. at 517. 17 Id. at 513–14. … But nowhere in Harris did we suggest that § 1826 was inapplicable by virtue of the fact that Harris was not required to provide information; instead, we clearly stated the basis for our conclusion when we wrote that Harris

In Re Joshua Hill, Inc. Joshua Hill, Inc. Marc A. Zaid v. Whitemarsh Township Authority William J. Carmint George K. Palmer Richard M. Lam Christian K. Wagner, as Members of the Whitemarsh Township Authority Board Whitemarsh Township R. Bruce Ferguson Maryellen Antal John S. Gabel Robert Wiser Chuck Pellegrini, in Their Capacity as Current Members of the Whitemarsh Township Board of Supervisors

294 F.3d 482 · Court of Appeals for the Third Circuit · Jun 24, 2002

FACTUAL BACKGROUND 6 The District Court made extensive findings establishing the following facts, none of which is disputed. … The district court found as a factual matter that there had been no release and the court of appeals held that the finding was not clearly erroneous. Id. at 648.

United States v. Bond

681 F.3d 149 · Court of Appeals for the Third Circuit · May 3, 2012

The problem with Bond’s attack is that, with practically no qualifying language in Holland to turn to, we are bound to take at face value the Supreme Court’s statement that “[i]f the treaty is valid there can be no dispute … See id. at 919 , 117 S.Ct. 2365 (noting the establishment of dual sovereignties was "reflected throughout the Constitution's text,” and had vested in the states " 'a residuary and inviola *159 ble sovereignty.’ ” (quoting

Ezeigwe v. Attorney General of the United States

491 F. App'x 337 · Court of Appeals for the Third Circuit · Jul 19, 2012

must be fulfilled for such an offense to qualify as an aggravated felony for purposes of the INA.” … Finally, Ezeigwe argues that the plea agreement in his case clearly states that Washington Mutual Bank suffered a loss of only $2,000. (Pet Br. at 4.) In Singh v.

United States v. Frierson, Jerome

945 F.2d 650 · Court of Appeals for the Third Circuit · Oct 1, 1991

In a robbery case, the Guidelines clearly contemplate the defendant’s use of a gun as a basis for sentence enhancement. See U.S.S.G. § 2B3.1. … Although “a district court’s finding that a defendant did not accept responsibility may be reversed only if ‘clearly erroneous.’ ” United States v.