Case law

Nedd v. United Mine Workers

556 F.2d 190 · Court of Appeals for the Third Circuit · Apr 28, 1977

When one in a fiduciary relationship asserts a set-off to a liability for participating in a breach of trust, the burden, it seems to us, should be on him to establish that the transaction on which he relies properly qualifies … employer real property or qualifying employer securities (as defined in section 1107(d)(4) and (5) of this title).

Sheridan v. NGK Metals Corp.

609 F.3d 239 · Court of Appeals for the Third Circuit · Jun 7, 2010

He seeks the establishment of a medical monitoring trust fund for the benefit of the putative class. … Athlone Indus., Inc., 746 F.2d 977, 984 25 Judgment on the pleadings “will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment

Joseph v. Atty Gen USA

Court of Appeals for the Third Circuit · Oct 2, 2006

He argues only that 18 U.S.C. § 922(a)(3) is not an aggravated felony, a contention that he clearly raised before the BIA and thus exhausted. … Section 922(a)(3) clearly falls under the broad umbrella of weapons crimes covered by § 1227(a)(2)(C), which include “possessing” and “carrying” and petitioner does not challenge this.

United States v. Columbus Country Club

915 F.2d 877 · Court of Appeals for the Third Circuit · Dec 18, 1990

The affidavit also establishes that a parish priest celebrates mass at the Club on the Fourth of July and on August 15, a holy day of obligation. … Even if a mutuality standard were clearly expressed in the text of the exemption, I would find that that standard has been met.

Warner-Lambert Pharmaceutical Co. v. William Sylk

471 F.2d 1137 · Court of Appeals for the Third Circuit · Nov 17, 1972

Therefore appellant’s defense of an oral agreement of extension immunizing him from his liability to Warner-Lambert must fail. II Turning next to Mr. … That which is unlawful is clearly wrongful. Tortious acts are also wrongful. Yet even acts lawful and non-tortious may be wrongful depending on the circumstances. (Citations omitted.)

Gershwain Sprauve v. West Indian Company Limited

799 F.3d 226 · Court of Appeals for the Third Circuit · Aug 25, 2015

First, the Court noted that Amtrak was established by a special statute for the purpose of furthering governmental goals. Id. at 397. … Second, the Virgin Islands government clearly has permanent8 and complete control over WICO as a result of other areas in Charlotte Amalie in the United States Virgin Islands,” J.A. 64, along with buildings and improvements

United States v. Booth

Court of Appeals for the Third Circuit · Dec 29, 2005

Additional evidence uncovered during the investigation overwhelmingly established that Booth was responsible for the explosions. Thereafter, the Government indicted Booth on two counts. … level if: the defendant 7 Contrary to the Government’s apparent argument, nothing in the language or application notes to section 3E1.1 provides that courts are precluded from finding that a defendant qualifies

Micklus, Gregory Bernard v. Carlson, Norman, Director, U. S. Bureau of Prisons Fenton, Charles, Warden, U.S.P. Lewisburg, Pa

632 F.2d 227 · Court of Appeals for the Third Circuit · Sep 3, 1980

The statute is clearly drafted and benefited from an extensive ten year period of study and debate. … Similarly we need not reach the issue of or the scope of the appellees’ good faith immunity defense. See Winsett v. McGinnes, 617 F.2d 996, 1008-1010 (3d Cir. 1980) (in banc). V.

Estate of Justin Paul Smith v. City of Philadelphia

Court of Appeals for the Third Circuit · Apr 23, 2026

True, it is not definitively established whether Smith in fact possessed a knife. But that factual dispute is not material to the outcome of this case, and, like the District Court, we need not resolve it. … immunity.

Sheila Warnock SEUS, Appellant, v. JOHN NUVEEN & CO., INC.

146 F.3d 175 · Court of Appeals for the Third Circuit · Jun 8, 1998

the Supreme Court clearly meant the OWBPA. See id. at 28 n. 3, 105 S.Ct. 3346 . … Seus clearly bound herself to comply with amendments to the NASD’s rules, including those governing arbitration. IV.

Danvers Mtr Co Inc v. Ford Mtr Co

Court of Appeals for the Third Circuit · Sep 12, 2008

The BOP established the Voice of the Customer (VOC) Index, which used survey responses from a dealer’s sales and service customers to measure that dealer’s customer satisfaction levels. … The District Court abuses its discretion where “its decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” Id.

Chisolm v. Manimon

Court of Appeals for the Third Circuit · Dec 28, 2001

Chisolm's claims against the Vicinage, brought in March 1995 as a result of the alleged discrimination during September 1994, clearly were tort claims for which the date of loss pre-dated January 1, 1995. … Appellees do not dispute that Chisolm is a qualified individual with a disability.

Erie County Retirees Association v. The County Of Erie

220 F.3d 193 · Court of Appeals for the Third Circuit · Aug 1, 2000

CONCLUSION 136 In sum, we hold (1) that appellants have established a claim under 29 U.S.C. … Clearly, section 623(l)(2) contemplates that an employer might reduce retiree health benefits at age 65.

Knauss v. Gorman

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

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 … Therefore, the Union endeavors to get consistent continuous payment from covered employees until the time that they reach retirement age or an age which they would qualify for retirement. 30 Lee v.

Neonatology Associates, P.A. v. Commissioner

299 F.3d 221 · Court of Appeals for the Third Circuit · Jul 29, 2002

This factual finding was not clearly erroneous. See Comm’r v. Heininger , 320 U.S. 467, 475, 64 S.Ct. 249, 254 (1943). … To qualify as deductible compensation, a payment also need be reasonable. See Treas. Reg. S 1.162-7(a).

UNITED STATES of America v. Darus H. ZEHRBACH, Appellant in No. 93-7477. Alex A. Mervis, Appellant in No. 93-7493

47 F.3d 1252 · Court of Appeals for the Third Circuit · Apr 17, 1995

qualified as “full time” employment. … That decision was clearly committed to the discretion of the district court.

Bob Nsimba v. Attorney General United States

21 F.4th 244 · Court of Appeals for the Third Circuit · Dec 22, 2021

Gonzalez, 446 F.3d 508, 520–21 (3d Cir. 2006) (finding that physical harm was not necessary for petitioner to qualify for a fear of future persecution). 51 AR 325–31, 364–66. 52 Reasonable Belief, Black’s Law Dictionary … Here, Nsimba clearly faced difficulty leaving the Congo—he paid a bribe to flee the country and was threatened by a government official to “never plan to return to the Congo.” In Sumadatha v. Ashcroft, 111 F.

Steven Addlespurger v. Tom Corbett

461 F. App'x 82 · Court of Appeals for the Third Circuit · Feb 9, 2012

Under Third Circuit LAR 27.4 and I.O.P. 10.6, we may summarily dispose of an appeal when it clearly appears that no substantial question is presented by the appeal. … He too is entitled to quasi-judicial immunity under these circumstances.

Victor Frutis Salmoran v. Attorney General United States

909 F.3d 73 · Court of Appeals for the Third Circuit · Nov 26, 2018

For the reasons below, we hold that a conviction under section 2C:24-4(b)(5)(b) of the New Jersey Statutes Annotated for possession of child pornography qualifies as a crime of child abuse, but does not qualify as an … Yates, 847 F.3d 62, 66 (1st Cir. 2017) (“The state crime at issue clearly does apply more broadly than the federally defined offense.

Nedd v. United Mine Workers Of America

556 F.2d 190 · Court of Appeals for the Third Circuit · Apr 28, 1977

When one in a fiduciary relationship asserts a set-off to a liability for participating in a breach of trust, the burden, it seems to us, should be on him to establish that the transaction on which he relies properly qualifies … employer real property or qualifying employer securities (as defined in section 1107(d)(4) and (5) of this title).