Case law

Gardner v. The Calvert

253 F.2d 395 · Court of Appeals for the Third Circuit · Mar 7, 1958

On the other hand, they can maintain complete immunity from all obligation, even though they have expressed agreement orally or informally upon every detail of a complex transaction. … It is settled that in establishing loss of future profits it is only the fact that some loss has resulted from the defendant’s breach of contract which must be proved with certainty.

United States v. Frank Serafini

167 F.3d 812 · Court of Appeals for the Third Circuit · Feb 10, 1999

The government then immunized him against prosecution. See In re Grand Jury, Misc. No. 95-98 (M.D.Pa. … That formulation has become an established principle of law. See United States v.

John DuPree, Sr. v. First Medical Services

646 F. App'x 166 · Court of Appeals for the Third Circuit · Apr 14, 2016

The chances of contracting cellulitis are increased by a weakened immune system, a history of cellulitis and exposure to bacteria including staphylococcus and streptococcus, which is often found in prison … Ctr., Inc., 897 A.2d 753, 755 (Del. 2006) (“In Delaware, medical negligence complaints generally must be accompanied by an Affidavit of Merit signed by a qualified expert witness.”).

Rolan v. Vaughn

Court of Appeals for the Third Circuit · Apr 18, 2006

The court declared that Aponte’s statement “establishes merely that Aponte was aware that Rolan had engaged in an altercation and was not immune to the potential danger posed by life on the street. … If AEDPA does apply, however, the writ cannot be granted unless the adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established

Columbia Gas Transmission, LLC v. 1.01 Acres, More or Less

768 F.3d 300 · Court of Appeals for the Third Circuit · Sep 26, 2014

Where a replacement facility cannot be “located in the same right-of-way or on the same site as the facilities being replaced,” 18 C.F.R. § 2.55 (b), it clearly cannot take the former place or position of the replaced facility … The District Court’s ruling that Columbia had not established the right to condemn the necessary easements obviously doomed Columbia’s request.

George EDGE, Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services

814 F.2d 125 · Court of Appeals for the Third Circuit · Mar 18, 1987

EAJA provides that a qualified prevailing party is entitled to receive attorney's fees incurred in an action against the United States “unless the court finds that the position of the United States was substantially justified … By contrast, if the government's legal position clearly offends established precedent, its position cannot be said to be substantially justified. The foregoing constitute the precepts that will guide our decision here.

United States v. Luis Mercado

81 F.4th 352 · Court of Appeals for the Third Circuit · Aug 29, 2023

courts can consider a defendant’s “voluntary termination or withdrawal from criminal conduct or associations,” id. cmt. n.1(B), and “post-offensive rehabilitative efforts,” id. cmt. n.1(G), in determining whether a defendant qualifies … The District Court Did Not Commit Clear Error Mercado bore the burden of establishing by a preponderance of the evidence that he was entitled to a downward adjustment under § 3E1.1(a), United States v.

De Laval Turbine, Inc. v. West India Industries, Inc.

502 F.2d 259 · Court of Appeals for the Third Circuit · Jun 21, 1974

Any such extension, however, must be clearly expressed, Cabot Corporation v. S.S. … indeed heavy, Catanach can succeed if other language in the documents expresses a clear intent to limit his liability. 50 Catanach argues that the combined effect of the contract of affreightment and the bill of lading establish

Lovell Manufacturing v. Export-Import Bank Of The United States

777 F.2d 894 · Court of Appeals for the Third Circuit · Dec 17, 1985

This judicial reluctance is based upon considerations of sovereign immunity, separation of powers and public policy, such as the fear of binding the government by the improper acts of its agents due to fraud and collusion … However, the agreement then clearly delineates the division of responsibility with regard to the insurance policies issued.

Altoona Clay Products, Inc. v. Dun & Bradstreet, Inc.

367 F.2d 625 · Court of Appeals for the Third Circuit · Sep 8, 1966

The complaint clearly states that plaintiff’s credit was injured as a result of the publication. … Clearly, the characteristics and dishonest conduct imputed in the advertisement need no extrinsic proof of explanation.

Robert P. O'Brien v. Government Employees Insurance Company

372 F.2d 335 · Court of Appeals for the Third Circuit · Jan 5, 1967

denotes the establishment of a judgment in a separate action against the uninsured motorist. … the insured to cooperate with such company, (iii) there is no bond or deposit of money or securities in lieu of such bodily injury and property damage liability insurance and (iv) the owner of such motor vehicle has not qualified

Mabey Bridge & Shore, Inc. v. Schoch

666 F.3d 862 · Court of Appeals for the Third Circuit · Jan 24, 2012

An ambiguous regulatory scheme, however, cannot demonstrate the clear congressional intent necessary to establish preemption of state law. … A state law is immune from attack under the Commerce Clause, however, if certain exceptions apply, including where the state is acting as a ―market participant‖ rather than a market regulator, or where Congress ―authorize

Verdin v. Weeks Marine Inc.

124 F. App'x 92 · Court of Appeals for the Third Circuit · Feb 16, 2005

To establish a prima facie claim for discriminatory termination, an employee must offer sufficient evidence that: (1) he was a member of the protected class, (2) he qualified for the position he sought, (3) he was fired, … City of Boca Raton, 524 U.S. 775, 788 , 118 S.Ct. 2275 , 141 L.Ed.2d 662 (1998), and a time line of these incidents *97 alone demonstrates that they were clearly neither pervasive nor regular.

Fontroy v. Beard

559 F.3d 173 · Court of Appeals for the Third Circuit · Mar 10, 2009

Most clearly, the record undermines the District Court’s determination that “[t]he concerns articulat *179 ed now by the DOC were not the reasons given for the policy change at the time,” and “[t]he only rationale for the … The District Court also held that the DOC Officials were entitled to qualified immunity and that the DOC’s decision to stop keeping a mail log for court mail was constitutional. Fontroy, 485 F.Supp.2d at 600-01 .

Edward D. Torres v. Metropolitan Life Insurance Company

189 F.3d 331 · 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

United States v. Christian Robert Merkle

444 F.2d 411 · Court of Appeals for the Third Circuit · Jun 21, 1971

qualifies for the exemption." … qualifies for the exemption."

Sun Buick, Inc. v. Saab Cars Usa, Inc.

26 F.3d 1259 · Court of Appeals for the Third Circuit · Jun 20, 1994

Saab alleged that it wished to be able to establish replacement Saab representation as soon as possible so that Saab customers in the area would have access to service. 7 On March 2, 1993, Sun Buick filed a complaint with … We have already stated that the power and authority to be exercised by administrative commissions must be conferred clearly and unmistakably by the legislature; a doubtful power does not exist.

E.I. DuPont de Nemours and Co. v. Rhone Poulenc Fiber and Resin Intermediates, S.A.S.

269 F.3d 187 · Court of Appeals for the Third Circuit · Oct 15, 2001

As we recently held: 27 The FAA establishes a strong federal policy in favor of compelling arbitration over litigation. … The Republic of Yemen, 218 F.3d 1292 , 1297 (11th Cir. 2000) (exercising pendent jurisdiction over personal jurisdiction issue when immunity under Foreign Sovereign Immunity Act was properly before the court and the two issues

Coleen Remp v. Alcon Laboratories Inc

701 F. App'x 103 · Court of Appeals for the Third Circuit · Jul 25, 2017

Discrimination Claims To resolve complaints brought pursuant to Title VII or the ADEA, we use the burden shifting test established by the Supreme Court in McDonnell Douglas Corp. v. … However, “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience.”

United States v. Fisher

500 F.2d 683 · Court of Appeals for the Third Circuit · Jun 7, 1974

These findings are not clearly erroneous. Krasnov v. … 'The criterion for Fifth Amendment immunity remains not the ownership of property . . .', Couch v.