Case law

United States v. William Valentin

118 F.4th 579 · Court of Appeals for the Third Circuit · Oct 7, 2024

“[I]t is not enough for [Valentin] to establish that it is impossible to tell whether the verdict returned by the jury rested solely on the misinstruction, for such a showing would establish only that the error was not harmless … I agree that this evidence establishes harmless error for Valentin’s robbery and conspiracy convictions.

Philips Electronic and Pharmaceutical Industries Corp. v. Thermal and Electronics Industries, Inc

450 F.2d 1164 · Court of Appeals for the Third Circuit · Oct 27, 1971

Whether or not a microfilm qualifies as a “printed publication” is not a new legal issue. … John Gallup, a well qualified expert in glass technology, testified that as a person skilled in the art, he would have combined the teachings of Lorenze and the German Patent.

Donald Carson v. Waterfront Commission Of New York Harbor

73 F.3d 24 · Court of Appeals for the Third Circuit · Dec 28, 1995

After holding that Lally, the Commission's General Counsel, was entitled to qualified immunity, the district court dismissed Carson's complaint against both the Commission and Lally. This appeal followed. … Carson does not challenge the district court's qualified immunity determination in this appeal. II. 9 The district court's jurisdiction was premised upon 28 U.S.C. Secs. 1331 , 1332 and 1367.

In the Matter of I. J. Knight Realty Corp., Bankrupt. Appeal of United States of America

501 F.2d 62 · Court of Appeals for the Third Circuit · Jul 31, 1974

argues the taxpayer, there is a positive indication in the legislative history of that section that Congress had no intention in 1954 of subjecting a non-operating trustee to a payment obligation, an obligation that had clearly … Section 960 of the Judicial Code was not intended to establish or limit substantive income tax liability.

Newark Morning Ledger Co., as Successor to the Herald Company v. The United States of America

945 F.2d 555 · Court of Appeals for the Third Circuit · Oct 15, 1991

Case law interpreting this regulation has held consistently that, in order to qualify for depreciation of an intangible asset, a taxpayer must establish that the intangible asset (1) has an ascertainable value separate and … In our view, however, under the proper definition of goodwill, the $67 million amount established by Morning Ledger is quite clearly comprised largely, if not exclusively, of amounts properly attributable to goodwill.

Dameon Daley v. Harley Lappin

555 F. App'x 161 · Court of Appeals for the Third Circuit · Jan 29, 2014

Marasco, 318 F.3d 497, 511 (3d Cir. 2003) (remanding qualified immunity issue where the district court had not reached it and “the record [was] unclear as to the relationship between each defendant’s specific conduct and … Thus, we decline to reach the qualified immunity issue and remand it to the District Court.

Cleary, Cleary v. Waldman

167 F.3d 801 · Court of Appeals for the Third Circuit · Feb 8, 1999

Medicaid was established in 1965. … Prior to 1988, these eligibility rules forced couples to spend down the entirety of their resources in order for one of them to qualify for Medicaid.

Raymond N. Heiselmoyer v. The Pennsylvania Railroad Company

243 F.2d 773 · Court of Appeals for the Third Circuit · Apr 22, 1957

At the pretrial conference plaintiff’s theory of liability was clearly stated as arising from the dangerous condition of the seat. *775 His trial memorandum repeated this as did his opening address to the jury. … Once the defect was established and the jury concluded it contributed to the accident, a decision in favor of the plaintiff was required by the instruction of the court.

Boase v. Lee Rubber & Tire Corp.

437 F.2d 527 · Court of Appeals for the Third Circuit · Dec 29, 1970

The Company could not have refused direct payments to any qualified pensioner until the entire plan was either amended or terminated. … Moreover, the court clearly expressed an overriding Pennsylvania public policy regarding adoption, which it deemed dispositive of the case. .

Fuhrmann v. East Hanover Bd. of Education

993 F.2d 1031 · Court of Appeals for the Third Circuit · May 6, 1993

Substantively, the IDEA requires states wishing to qualify for federal funds to assure all children with disabilities the right to a free “appropriate public education.” 20 U.S.C. § 1412 (1). … Clearly this satisfies the requirements of the New Jersey regulations. .

Alleghany Corporation D/B/A Jones Motor v. United States of America, and Interstate Commerce Commission, Robert E. MacK Ii, Intervenor-Respondents

554 F.2d 615 · Court of Appeals for the Third Circuit · Apr 27, 1977

Clearly Congress’ intent was to preserve the basic distinctions between common and contract carriers. … In addition, since presumably the distinction between contract and common carriage had been more clearly drawn the . mitigating factors, which contributed to the establishment in Fischbach of liberal criteria for section

Gritzer v. CBS, .Inc

275 F.3d 291 · Court of Appeals for the Third Circuit · Jan 3, 2002

Employees qualify for these various benefits by meeting certain “eligibility service” and “credit service” benchmarks. … It is undisputed that Ceramics, or any other successor company for that matter, does not qualify as an “Employer” under the express terms of the Plan.

Little v. Wuerl

929 F.2d 944 · Court of Appeals for the Third Circuit · Apr 3, 1991

Accordingly, we will do so only if Congress clearly intended that result. IV. 41 In enacting Title VII, Congress clearly asserted a strong government interest in eliminating religious discrimination in employment. … Therefore Loyal Order demonstrates not that the Parish can waive the religious school exceptions, but only that if the Parish ceases to be a religious school, it will no longer qualify for those exceptions.

Aldens, Inc. v. Packel

524 F.2d 38 · Court of Appeals for the Third Circuit · Aug 27, 1975

Aldens is neither required to collect nor to remit Pennsylvania use taxes nor to qualify nor to register to do business in Pennsylvania. It accepts or rejects all orders for merchandise in Chicago. … The stipulated facts establish that Aldens would obtain $750,000 a year more in interest than a Pennsylvania seller could lawfully obtain on identical transactions if it did not comply with the Pennsylvania Act.

United States v. William McKnight

593 F.2d 230 · Court of Appeals for the Third Circuit · Feb 21, 1979

If these statements are true, excusable neglect might well be demonstrated and, given the pro se status of this appellant, the record would seem clearly to raise this possibility. … This possibility was recognized by this Court in Torockio : “This is not to suggest that a belated notice of appeal which has not been so validated by the district court will qualify the appeal for consideration by this Court

Painters Of Philadelphia District Council No. 21 Welfare Fund v. Price Waterhouse

879 F.2d 1146 · Court of Appeals for the Third Circuit · Aug 15, 1989

Sec. 1002 (21)(A). 11 Since Price Waterhouse clearly did not have authority or responsibility respecting management of the Fund or control over the disposition of its assets and did not provide investment advice for a fee … The opinion by the independent qualified public accountant shall be made part of the annual report.... 14 29 U.S.C.

Jurinko v. Edwin L. Wiegand Co.

477 F.2d 1038 · Court of Appeals for the Third Circuit · Apr 17, 1973

A different standard is clearly applied to men than to women. See Sprogis v. United Air Lines, Inc., 444 F.2d 1194 (7 Cir.1971), cert. denied 404 U.S. 991 , 92 S.Ct. 536 , 30 L.Ed.2d 543 (1971). … Absent proof of the standard applied to men, obviously the plaintiffs have not established that such standard differs from the one applied to women.

United States v. Reginelli

133 F.2d 595 · Court of Appeals for the Third Circuit · Jan 25, 1943

The following facts were established by direct proof. … In the light of this instruction, the jury’s verdict clearly implied their finding that the credible evidence established the defendant’s immoral purpose, and no lawful purpose, in having the woman transported in interstate

United States v. Mitchell Frederick Paster

173 F.3d 206 · Court of Appeals for the Third Circuit · Apr 19, 1999

Also, the term “reflective” used in Marcello clearly imports the concept of “thoughtful,” the antonym of “thoughtless.” … substantive offense,’ ... the factfinding underlying that departure must be established at least by clear and convincing evidence.”

Sang Goo Park v. Attorney General of the United States

846 F.3d 645 · Court of Appeals for the Third Circuit · Jan 17, 2017

He asserted that his parents, now permanent residents of the United States (and, thus, potential qualifying relatives for the waiver), would suffer great hardship if he were removed. … The same goes for a “pattern” of dispositions whose contours are not clearly defined or which is not tailored to the petitioner’s circumstances. What happens after the petitioner has made this 38 Cf.