Case law

In Re: Cendant Corp., (Formerly Known as Cuc International, Inc.) Cendant Capital I Lester A. Goldstein, on Behalf of Himself and All Others Similarly Situated Welch & Forbes Inc., an Institutional Investment Manager, Individually and on Behalf of All Others Similarly Situated v. Walter A. Forbes Cosmo Corigliano Anne M. Pember Merrill Lynch & Co. Chase Securities Inc. Henry R. Silverman v. Ernst & Young Cendant Membership Services, Inc. Casper Sabatino Steven P. Speaks Kevin T. Kearney Mary Sattler Howard Sirota

260 F.3d 183 · Court of Appeals for the Third Circuit · Aug 17, 2001

While filing clearly establishes such status, a document may still be construed as a judicial record, absent filing, if a court interprets or enforces the terms of that document, or requires that it be submitted to the court … Clearly, the court had authority to proceed under this Rule and under its inherent disciplinary jurisdiction. 59 The Supreme Court has long established that "[c]courts of justice are universally acknowledged to be vested,

Seal Offshore, Inc. And Sealcraft Operators, Inc. v. American Standard, Inc., Westinghouse Air Brake Co., and Wabco, Inc. v. E.F. Houghton, Third-Party

736 F.2d 1078 · Court of Appeals for the Third Circuit · Jul 23, 1984

National Fuel Gas Distribution Corp., 695 F.2d 991, 995-96 (5th Cir.1983). 7 Long-established general principles of interpreting indemnity agreements require that indemnification for an indemnitee's own negligence be clearly … Wabco's negligence does not fit within these categories and would therefore not qualify as "passive" in any event.

Doherty v. Rutgers School Of Law-Newark

651 F.2d 893 · Court of Appeals for the Third Circuit · Jun 16, 1981

The factors in the second stage and their weight are established by the Faculty-Student Admissions Committee. … He clearly was qualified for admission and the trial court so found. Bakke v. Regents of the University of California, slip op. at 5, No. 31287 (Calif.Super.Ct.

United States v. John Barry Wong

703 F.2d 65 · Court of Appeals for the Third Circuit · Mar 30, 1983

R.Evid. 609(a)(2) is qualified by the general balancing test of Fed.R.Evid. 403. 2 Rule 403 provides as follows: Rule 403. … It was the product of extensive Congressional attention and considerable legislative compromise, clearly reflecting a decision that judges were to have no discretion to exclude crimen falsi. Id. at 355.

Public Funds for Public Schools v. Byrne

590 F.2d 514 · Court of Appeals for the Third Circuit · Jan 12, 1979

On two of these grounds, New Jersey’s exemption is clearly closer to the law in Nyquist, than it is to the law in Walz . … The tax benefits were “designed to provide a form of relief to those who fail to qualify for tuition reimbursement.” 413 U.S. at 765, 93 S.Ct. at 2961.

In re: Beverly Ohntrup v.

628 F. App'x 809 · Court of Appeals for the Third Circuit · Oct 9, 2015

able to present some evidence arguably indicating that the property does not fall under the 2 Ohntrup objects to the District Court’s admission of the DSP-83s, arguing that they are hearsay and do not qualify … Factory is ready to meet all domestic and international demand in military or civilian projects” (A147)), this does not necessarily mean that the district court thereby abused its discretion by finding that the other party established

Thomas Le Strange v. Consolidated Rail Corporation

687 F.2d 767 · Court of Appeals for the Third Circuit · Sep 1, 1982

And, clearly, the Rehabilitation Act addressed the problem of employment discrimination. … Clearly, Senator Cannon believed § 504 reached employment discrimination, and nobody during the debate on his argument suggested otherwise.

Parker v. NutriSystem, Inc.

620 F.3d 274 · Court of Appeals for the Third Circuit · Sep 7, 2010

Here, the parties agree that under § 7(i), NutriSystem qualifies as a retail establishment and that its sales associates’ regular rate of pay is more than one and one-half times the 9 federal … NutriSystem clearly has not demonstrated that the flat-rate fees are proportionally related to the cost to the customer.

ESML Holdings Inc v.

Court of Appeals for the Third Circuit · Apr 16, 2025

An order unsealing the Documents for public inspection and use might qualify as such a court order. … To be clear, this qualifier is not as onerous as the common law requirement that disclosure “will work a clearly defined and serious injury to the party seeking closure.”

Knauss v. Gorman

583 F.2d 82 · Court of Appeals for the Third Circuit · Aug 11, 1978

We are confronted in this case with two questions regarding employee-union joint pension funds established under the Taft-Hartley Act. … If the provision by which these contributions were escheated to the Local Fund clearly violated § 302, for instance by denying benefits to opponents of the Local president, it could not be argued that the National Fund would

Dwyer, Hilda G. v. Califano, Joseph, Secretary of Health, Education and Welfare

636 F.2d 908 · Court of Appeals for the Third Circuit · Dec 11, 1980

This increase is clearly “a benefit,” even if *912 one could argue that $1.40 was not “a benefit.” In our view, Effie was entitled to the entire benefit, based on the language used by Congress. … Congress appears to have intended that a deceased husband’s benefits go to his deemed widow rather than to no one, where no person qualified as his legal widow.

Brotherhood of Railroad Trainmen on Monongahela Connecting Railroad v. Railroad Retirement Board

410 F.2d 353 · Court of Appeals for the Third Circuit · May 6, 1969

The Railroad Retirement Act of 1937 established annuities for qualified retiring railroaders. 45 U.S.C. § 228 . … Title I of the Bill as passed (P.L. 89-699) provided for the establishment of the supplemental annuities program.

United States ex rel. Merena v. SmithKline Beecham Corp.

205 F.3d 97 · Court of Appeals for the Third Circuit · Apr 21, 2000

Clearly, Congress need not provide for such rela-tors to obtain a portion of the proceeds just because they remain parties. … Op. at 41 (“[T]here is absolutely no evidence on the record before me ... to establish any allocation among various claims.”).

Brown v. U.S. Justice Department

271 F. App'x 142 · Court of Appeals for the Third Circuit · Apr 1, 2008

Taylor, 316 F.3d 257, 259 (3d Cir.2003) (holding that a prisoner who claimed that he had shared a cell with constant smokers for many months stated a claim for a violation of a clearly established right) with Richardson v … Although the United States is the only proper defendant to an FTCA suit, the United States retains immunity from liabil *145 ity for acts or omissions of its employees based on their exercise or performance of discretionary

Shardar v. Attorney General of the United States

503 F.3d 308 · Court of Appeals for the Third Circuit · Sep 19, 2007

As noted, “[a] motion to reopen must establish prima facie eligibility for [the relief sought].” Guo, 386 F.3d at 563 . … We noted that “the record clearly shows that Vente’s asylum claim is based not on allegations of general social unrest in Columbia but on the specific threats that he received.” Id.

Chee-Wah v. Henry Maurer

663 F. App'x 194 · Court of Appeals for the Third Circuit · Oct 6, 2016

its own immunity. … To have a property interest in a benefit that is protected by procedural due process, such as a job title, “a person clearly must have more than an abstract need or desire for it.

United States v. Laboy-Torres

553 F.3d 715 · Court of Appeals for the Third Circuit · Jan 29, 2009

In Small , the Supreme Court considered whether a Japanese conviction qualified as a predicate conviction under § 922(g)(1). … This government enjoys the same immunity from suit possessed by the States, Ramirez v. Puerto Rico Fire Service, 715 F.2d 694, 697 (1st Cir.1983).

Jane Doe v. Mercy Catholic Medical Center

850 F.3d 545 · Court of Appeals for the Third Circuit · Mar 7, 2017

particular order, these features are that (A) a program is incrementally structured through a particular course of study or training, whether full- or part-time; (B) a program allows participants to earn a degree or diploma, qualify … Johnson’s inapplicability was especially plain, the Court found, because private employment doesn’t raise “problems of sovereign immunity.” Id.

Gaines, Edith v. The Amalgamated Insurance Fund

753 F.2d 288 · Court of Appeals for the Third Circuit · Feb 25, 1985

Findings of fact are measured by a clearly erroneous standard. The question of whether ambiguity exists is a question of law, subject to plenary review. See Fox v. U.S. … According to the attorney's testimony, SSA's establishment of a payment date within nine months serves to establish that a participant became disabled within three months of the last day of covered employment, and this three-month

Cha Liang v. Attorney General United States

15 F.4th 623 · Court of Appeals for the Third Circuit · Oct 12, 2021

The question of what events occurred or may occur “is factual in nature and is subject to clearly erroneous review by the BIA” and substantial evidence review by this Court; while the question of “whether those events meet … Wilkinson, 990 F.3d 350, 359 (4th Cir. 2021) (“We repeatedly have held that death threats qualify as persecution. . . .