Case law

Atlantic & Gulf Stevedores, Inc. v. Director, Office of Workers' Compensation Programs, United States Department of Labor

542 F.2d 602 · Court of Appeals for the Third Circuit · Jun 23, 1976

Such additional compensation shall be paid out of the special fund established in section 44. 44 Stat. 1429 (emphasis supplied). … Under these circumstances, an award of counsel fees is clearly appropriate.

Robert H. Fox Co. v. Keystone Driller Co.

232 F.2d 831 · Court of Appeals for the Third Circuit · Apr 18, 1956

Such a finding was clearly within the discretion of the fact finder, and we cannot say that it is wrong. As we stated in Agitair Products Corp. v. F. C. … First, a proper qualifying basis for such testimony was not supplied. Second, the witness furnished the court with evidence upon which it could arrive at its own conclusion.

City Select Auto Sales Inc. v. BMW Bank of North America Inc.

867 F.3d 434 · Court of Appeals for the Third Circuit · Aug 16, 2017

established by up2drive and the information obtained ... from the application form including the customer’s credit history, *437 that will provide sufficient data to determine whether the customer may qualify for any loan … “Second, it ensures that a defendant’s rights are protected by the class action mechanism,” id., and that “those persons who will be bound by the final judgment are clearly identifiable,” Marcus, 687 F.3d at 593 .

United States v. Gerardo Restaino, United States of America v. Joseph Mustacchio

405 F.2d 628 · Court of Appeals for the Third Circuit · Mar 10, 1969

Barash, 365 F.2d 395, 402 (C.A. 2, 1966), and requested that it be qualified in certain respects. In response to this request, the court excused the jurors and instructed them not to begin their deliberations. … There was clearly no reversible error here.

Lawrence Twp Bd Ed v. New Jersey

Court of Appeals for the Third Circuit · Aug 2, 2005

Section 1415(a) of the IDEA, entitled “establishment of procedures,” provides that procedures shall be established and maintained “in accordance with this section to ensure that children with disabilities and their parents … Thus, the Township argues that the broader language of section 1415(b)(6) – “an opportunity to present complaints with respect to any matter...” – clearly demonstrates that Congress intended to permit persons or entities

Reade Manufacturing Company, Inc., a Corporation of the State of New Jersey v. United States

301 F.2d 803 · Court of Appeals for the Third Circuit · Mar 6, 1962

It follows that the payments did not qualify under the statute as “necessary”. … Clearly, no moral obligation of the taxpayer to take care of the personal obligation of the Reades has been established. 3 Rather the payments *807 were gratuitously assumed by the Reade corporation.

United States v. Brown University In Providence In The State Of Rhode Island

5 F.3d 658 · Court of Appeals for the Third Circuit · Sep 17, 1993

By immunizing itself through the Overlap from competition for students based on a price/quality ratio, MIT achieves certain institutional benefits at a bargain. 30 Our holding that the Overlap Agreement clearly implicates … Nor does it necessarily mean that commercially motivated conduct of such organizations should be immune from per se treatment.

Compensation Department Of District Five, United Mine Workers Of America, Appellant, v. Ray Marshall

667 F.2d 336 · Court of Appeals for the Third Circuit · Dec 9, 1981

See 33 U.S.C. § 921 (b)(1) (BRB's members are to be "appointed by the Secretary from among individuals who are especially qualified to serve"). … Kyne to be clearly distinguishable from the case sub judice, however, and we reject District Five's contention that the remedies available from the BRB with respect to § 413(b) are inadequate. 29 In Leedom v.

United States v. Merced

603 F.3d 203 · Court of Appeals for the Third Circuit · Apr 20, 2010

Due to his criminal history, Merced qualified as a career offender under U.S.S.G. § 4B1.1. … It is undisputed that Merced qualifies as a career offender under this definition.

Basista v. Weir

340 F.2d 74 · Court of Appeals for the Third Circuit · Jan 8, 1965

It was not established to whom he made these requests. At any rate Scalese went about his duties and Smith returned to patrol. … Herndon, 273 U.S. 536 , 47 S.Ct. 446 , 71 L.Ed. 759 (1927), the plaintiff, a Negro, a qualified voter, was denied the right to vote at a state primary election. He sued, laying the damages at $5,000.

Evelyn Plummer v. Kenneth S. Apfel, Commissioner of Social Security

186 F.3d 422 · Court of Appeals for the Third Circuit · Aug 5, 1999

The vocational expert’s testimony was in response to a hypothetical that fairly set forth every credible limitation established by the physical evidence. … This satisfies the ALJ’s burden of establishing there are jobs available which the claimant can perform given her “severe” disability.

Feidt v. Owens Corning Fiberglass Corporation

153 F.3d 124 · Court of Appeals for the Third Circuit · Aug 24, 1998

. § 1447 (c) limits the jurisdictional bar of section 1447(d) so that only those "remand orders issued under § 1447(c) and invoking the grounds specified therein ... are immune from review under § 1447(d)." … To establish removal jurisdiction under section 1442(a)(1), a defendant such as Westinghouse must establish that (1) it is a "person" within the meaning of the statute; (2) the plaintiff's claims are based upon the defendant's

Debro S. Abdul-Akbar v. Roderick R. Mckelvie

239 F.3d 307 · Court of Appeals for the Third Circuit · Jan 29, 2001

At all events, we doubt whether the allegations in Appellant's S 1983 Complaint suffice to establish such an ongoing danger. … This Appellant has clearly abused the IFP system, filing some 200 cases, most without merit.

Gould-National Batteries, Inc. v. Gulton Industries, Inc.

361 F.2d 912 · Court of Appeals for the Third Circuit · Jun 17, 1966

It is an established axiom of the patent law that a device or method which would infringe if later than the disputed patent, anticipates if earlier. Chemical Construction Corp. v. … The claim must fall also because of its failure to meet the requirements of § 101; the electrolytic cell therein defined does not qualify as a patentable invention.

United States v. Rafael Rodriguez

342 F.3d 296 · Court of Appeals for the Third Circuit · Sep 4, 2003

Note 3(C) to U.S.S.G. § 3B1.2 clearly states: The determination whether to apply subsection (a) [minimal participant] or subsection (b) [minor participant], or an intermediate adjustment, involves a determination that is … law that a defendant who cannot provide corroboration for his statements can never meet the minor participant burden of proof would be tantamount to saying that those actors with the least knowledge would never be able to qualify

In Re: Karen A. Briscoe Alfred Lara Wanda T. Kizer Debra Alexander Rhonda Allen Mary Green Glenda D. Abbott and Leslie Bales

448 F.3d 201 · Court of Appeals for the Third Circuit · May 15, 2006

To qualify for an intermediate opt-out, class members had to take an echocardiogram and have a qualified physician find a medically relevant severity of heart-valve regurgitation as defined by the Settlement Agreement. … As to the matter of tolling, therefore, petitioners have not clearly established that they were “prevented” from discovering their claims, exercising the opt-out right, and filing suit against their physicians.

Raddy Toribio v. Bernard Spece

558 F. App'x 227 · Court of Appeals for the Third Circuit · Feb 21, 2014

immunity. … Conclusion The order of the District Court will be affirmed. 2 2 Given this disposition, we need not reach the issue of whether defendants were entitled to qualified immunity.

Gerald B. Shreiber v. Robert A. Mastrogiovanni the Internal Revenue Service Gerald B. Shreiber

214 F.3d 148 · Court of Appeals for the Third Circuit · May 31, 2000

The government does argue that Shreiber failed to allege a cognizable constitutional violation, and that Mastrogiovanni is entitled to qualified immunity. … Even if Shreiber had alleged the comments as a separate cause of action, the comments would not necessarily establish a constitutional violation. See, e.g., Emmons v.

Government of the Virgin Islands v. Micha Williams, Government of the Virgin Islands v. Angel De Jesus

476 F.2d 771 · Court of Appeals for the Third Circuit · Mar 28, 1973

. *594 Since a juror who is regularly drawn and selected is presumed, in the absence of some showing to the contrary, to be unbiased and otherwise qualified and competent to serve and since, as we have seen, the mere fact … The ingrafting into the criminal procedure of a novel practice like that here disclosed ought not be permitted, except in the face of a situation clearly showing the bias, prejudice, and lack of impartiality of the juror.

Ronald J. Srein and R.J. Srein Corp. v. Frankford Trust Company, N/k/a Key Trust Company

323 F.3d 214 · Court of Appeals for the Third Circuit · Mar 13, 2003

Findings of the District Court and undisputed evidence establish that: Ronald J. Srein is the sole stockholder and only employee of R.J. Srein Corporation. … Srein Corporation engaged Eagle Retirement and Investment Planning as Trustee of an ERISA qualified Money Purchase Pension Plan.