Case law

Peter Vaira and Mary L. Vaira v. Commissioner of Internal Revenue

444 F.2d 770 · Court of Appeals for the Third Circuit · Jun 18, 1971

Taxpayer also contends that certain expenditures made by him after the condemnation qualify for a “replacement” under the Code, and that the Tax Court erred in computing these expenditures. 26 U.S.C. § 1033 (a) (3) (A) provides … On the contrary, the well-established test of damages has always been the difference in value between the whole tract of land before condemnation and the value of the remaining land after the condemnation.

United States v. Tony Browne

834 F.3d 403 · Court of Appeals for the Third Circuit · Aug 25, 2016

Facts Facebook is a social networking website that requires users to provide a name and email address to establish an account. … Turner, 718 F.3d 226 (3d Cir. 2013), for example, where we assessed the admissibility of certain bank records, we held that the district court did not clearly err in applying the residual hearsay exception, which permits

Wayne Copelin v. Spirco, Inc., F/k/a Nasco Inc., Stephen I. Goldring, Trustee Innovo Group, Inc.,(pursuant to Rule 12(a), f.r.a.p.)

182 F.3d 174 · Court of Appeals for the Third Circuit · Jul 1, 1999

When reviewing a core proceeding, we accept the Bankruptcy Court’s findings of fact unless clearly erroneous. See id. at 835. … In sum, the District Court did not err by determining that Copelin’s claim against Innovo does not qualify as a Class 8 claim.

United States Steel Corporation v. Environmental Protection Agency

633 F.2d 671 · Court of Appeals for the Third Circuit · Oct 27, 1980

Clearly, if a revision does not interfere with attainment, the plan will still be capable of achieving and maintaining the NAAQS. … All that this Court need now decide is whether EPA qualified its approval of Pennsylvania's regulations.

Whittaker Clark & Daniels v.

Court of Appeals for the Third Circuit · Apr 27, 2026

This is true, but it does not establish more than we already know—Klaxon should ordinarily apply in bankruptcy. … Thyssen-Bornemisza Collection Found., 596 U.S. 107, 116 (2022) (concluding that, when an exception to foreign sovereign immunity applies under the Foreign Sovereign Immunities Act, federal courts must apply Klaxon because

Mary B. Gunnells William A. Gunnells Tele Tech Corporation Cynthia Mullinax W & W Truck and Tractor Company, Incorporated Jerry Freeman Aaa Transmissions, Incorporated Pamela B. Robertson Avionics/seaonics International, Incorporated James E. Cassleman Larry Strickland Brenda Workman Helen Clark Bobby F. Buchanan Joanne Buchanan Brian Hansen James E. Wise John N. Stanley Daniel L. Driggers Brenda Vowels David J. Vowels Livingston Auto Parts, Incorporated Philip Livingston Lukes Cycle Services, Incorporated Jeff Lucarelli Hh Moorman & Sons Harold Moorman Oakland Club Mark B. Buxton Stylon of Charleston Mary Parker Terry Hensley Earl Singletary Ora Singletary, Individually and as Representatives of All Persons and Entities Similarly Situated v. Healthplan Services, Incorporated, Individually and as Successor in Interest to Third Party Claims Management, Incorporated Third Party Claims Management, Incorporated, and Fidelity Group Inc. International Workers Guild, Incorporated National Association of Business Owners and Professionals Iwg Health and Welfare Fund Fidelity Claims Management, Incorporated Executive Consultants Insurance Agency Raymond R. Olivi John Branham Steven Broughton John Collins Rex Culbertson Robert Davies Richard Dextaze Kenneth Every Andrews Frankie Fort Robert German Gary Geitler Melissa Geitler Martin T. Geitler Michael D. Geitler George Gradek Hubert G. Greene Phillip S. Hodgsen Earl Isabell Stephen Lacy Frederick Malone David E. Martin Michael Massey Henry Merchant Tina Messinger Michael R. Requa Bruce Rowan Pamela Regopoulus Bruce Ryals Barbara A. Scott Henry K. Skinner, Jr. Elmer Stone Kenneth R. Tallmadge Lee Taylor 2 Michael Thomas Scott Todd Arnold H. Valentine Richard M. Vann Lewis H. Wade David M. White Herbert L. Williams Ben L. Wells Jack E. Wilson, Individually and in His Representative Capacity Anchor Insurance Agency Branham and Geitler Associates Diversified Insurance Legend Equities Corporation Financial Benefits, Incorporated the Taylor Agency Incorporated Truett and Associates Colonial Life & Accident Insurance Company, a Unum Company Dwayne A. Samuels Eugene O. Duncan David Spooner Charles L. Bradley Terrence E. Rhue Noel Shaw Paul D. Askew Phillip Stashin Ken Averies, 3 Mary B. Gunnells William A. Gunnells Cynthia Mullinax Jerry Freeman Pamela B. Robertson James E. Cassleman Larry Strickland Brenda Workman Helen Clark Bobby F. Buchanan Joanne Buchanan Brian Hansen James E. Wise John H. Stanley Daniel L. Driggers Brenda Vowels David J. Vowels Philip Livingston Jeff Lucarelli Harold Moorman Mark B. Buxton Mary Parker Terry Hensley Earl Singletary Ora Singletary, Individually and as Representatives of All Persons and Entities Similarly Situated W & W Truck and Tractor Company, Incorporated Lukes Cycle Services, Incorporated Aaa Transmissions, Incorporated Livingston Auto Parts, Incorporated Hh Moorman & Sons Tele Tech Company, Incorporated Avionics Seaonics International, Incorporated Oakland Club Stylon of Charleston, Entities Similarly Situated v. Michael R. Requa Arnold H. Valentine Financial Benefits, Incorporated Lewis H. Wade Bruce Ryals George Gradek Tina Messinger Kenneth Every Andrews Raymond R. Olivi Executive Consultants Insurance Agency Michael Massey Anchor Insurance Agency John Collins, Individually and in Their Representative Capacities, and Frankie Fort Fidelity Group Inc. International Workers Guild, Incorporated National Association of Business Owners and Professionals Iwg Health and Welfare Fund Fidelity Claims Management, Incorporated John Branham Steven Broughton Rex Culbertson Robert Davies Richard Dextaze Robert German Gary Geitler Martin T. Geitler Gary Geitler Michael D. Geitler Hubert G. Greene Phillip S. Hodgsen Earl Isabell Stephen Lacy Frederick Malone David E. Martin Henry Merchant Bruce Rowan Pamela Regopoulus Barbara A. Scott Henry K. Skinner, Jr. Elmer Stone Kenneth R. Tallmadge Lee Taylor 5 Michael Thomas Scott Todd Richard M. Vann David M. White Herbert L. Williams Ben L. Wells Jack E. Wilson Branham and Geitler Associates Diversified Insurance Legend Equities Corporation the Taylor Agency, Incorporated Truett and Associates Colonial Life & Accident Insurance Company, a Unum Company Healthplan Services, Incorporated, Individually and as Successor in Interest to Third Party Claims Management, Incorporated Third Party Claims Management, Incorporated Dwayne A. Samuels Eugene O. Duncan David Spooner Charles L. Bradley Terrence E. Rhue Noel Shaw Paul D. Askew Phillip Stashin Ken Averies, Individually and in Their Representative Capacities

348 F.3d 417 · Court of Appeals for the Third Circuit · Oct 30, 2003

Indeed, some claimants have had their claims qualified for coverage but not payment, and some have not been qualified for coverage. … Those whose claims have not yet been adjudicated would have to establish the facts that would qualify them for coverage, which would include the nature of the illness or injury for which the claim is made, deductibles and

Schwartz v. Commissioner

348 F. App'x 806 · Court of Appeals for the Third Circuit · Oct 9, 2009

“We review the Tax Court’s legal determinations de novo, but we do not disturb its factual findings unless they are clearly erroneous.” Lattera v. Comm’r, 437 F.3d 399, 401 (3d Cir.2006). III. … In handling the Schwartzes’ case, the IRS followed its established procedures.

Sherri Boseski v. North Arlington Municipality

621 F. App'x 131 · Court of Appeals for the Third Circuit · Aug 7, 2015

Twp. of Manalapan, 47 F.3d 628, 637 (3d Cir. 1995) (“vague assertions about the police department’s failure to investigate” alleged wrongdoings did not establish municipal liability). … United States, 663 F.2d 1226, 1239 (3d Cir. 1981)).9 Boseski’s complaint clearly alleges numerous injuries that stem from her military service, and are likely barred by Feres. See, e.g., Cioca v.

United States v. Wali, Abdul

860 F.2d 588 · Court of Appeals for the Third Circuit · Jan 18, 1989

First, the government argues that Wali’s decision not to depose Esser before trial was clearly strategic since Esser’s exculpatory statements at a deposition would have been subject to cross-examination. … Technically, Rule 801(d)(2)(E) qualifies statements of a co-conspirator as admissions of a party opponent, and thus such statements are not hearsay.

Halderman v. Pennhurst State School & Hospital

673 F.2d 647 · Court of Appeals for the Third Circuit · Feb 26, 1982

There is no suggestion in the Schmidt opinion that this order would be qualified by the necessity for appropriations. … Thus a dismissal of the complaint would clearly have been inappropriate. As to abstention under Railroad Comm’n of Texas v.

Galda v. Rutgers

772 F.2d 1060 · Court of Appeals for the Third Circuit · Aug 28, 1985

It has, however, qualified for financial support under the Rutgers “neutral funding policy.” To do so PIRG was required to submit a “concept plan” to the University outlining the organization’s educational value. … Adherents to each party would be forced to pay a fee to the other political group, a clearly unconstitutional exaction.

Allen B. Suopys v. Omaha Property & Casualty

404 F.3d 805 · Court of Appeals for the Third Circuit · Apr 15, 2005

VII(J) (2003) (italics added). 4 Strictly construed, the SFIP clearly and unambiguously requires that proof of loss be submitted by the insured within 60 days of the claimed flood loss. … If the insured qualifies for Increased Cost of Compliance (ICC), the Increased Cost of Compliance Proof of Loss form (shown on page A — 13) must be submitted.

Mandel v. M & Q Packaging Corp.

706 F.3d 157 · Court of Appeals for the Third Circuit · Jan 14, 2013

The District Court also found that the allegations did not constitute the type of “clearly disparate and ultra extreme conduct” actionable under an intentional infliction of emotional distress claim. … The parties do not dispute that Mandel is a member of a protected class based on her sex or that she was qualified for her position.

United States v. Russell Hines

470 F.2d 225 · Court of Appeals for the Third Circuit · Mar 5, 1973

The rule is qualified by a number of exceptions stated in terms of *228 the capacity of the evidence to prove some specific fact or issue such as intent, plan, scheme or design. … Clearly every absent but producible witness possessing some knowledge of the facts need not be made the subject of the inference.

Chiang v. Veneman

385 F.3d 256 · Court of Appeals for the Third Circuit · Sep 20, 2004

To establish a prima facie case under ECOA the class members must show that (1) plaintiff was a member of a protected class; (2) plaintiff applied for credit from defendants; (3) plaintiff was qualified for the credit; and … that he or she was qualified for loan eligibility as part of the prima facie case.

Gerald Lepre, Jr. v. Paul s. Lukus

602 F. App'x 864 · Court of Appeals for the Third Circuit · Feb 10, 2015

He asserted that Shifler-Ferraro had relinquished her custodial rights of MCL to the FCPD and the Lukuses “to circumvent clearly established law which protects the family unit and in violation of” Lepre’s parental rights … Id. at 772. 6 immunity grounds. See Heffernan v.

Christopher Wills v. USP Canaan

635 F. App'x 5 · Court of Appeals for the Third Circuit · Dec 16, 2015

The FTCA is a limited waiver of the United States’ sovereign immunity, and, accordingly, prisoners may raise negligence claims against the United States under the Act. See United States v. … Our review of the record establishes that the District Court’s findings were not clearly erroneous with respect to the nature of Wills’s purported exhaustion evidence.

Shenecqua Butt v. United Brotherhood

999 F.3d 882 · Court of Appeals for the Third Circuit · Jun 8, 2021

Because these factual findings were not clearly erroneous, see Fields v. Speaker of Pa. … “A judge’s ordinary efforts at courtroom administration” are “immune” from a recusal challenge. Liteky, 510 U.S. at 556.

Abazaj v. Attorney General of the United States

443 F. App'x 725 · Court of Appeals for the Third Circuit · Sep 1, 2011

mistreatment, regardless of its motivation, did not amount to persecution, A.4, and that Abazaj had failed to independently state a well-founded fear of future persecution— the IJ’s finding on the latter ground was not “clearly … Of Pet. 24 (“[T]he record established that the persecutors perceived Mr.

Castillo v. Attorney General of the United States

411 F. App'x 500 · Court of Appeals for the Third Circuit · Jan 11, 2011

The respondent has the burden of establishing his eligibility for any requested relief from removal. See 8 C.F.R. § 1240.8 (d). … That is clearly a question of federal, not state, law, but it is not one directly answered in the INA or the BIA’s opinion in Eslamizar .