Case law

UPMC St. Margaret Hospital v. Sebelius

349 F. App'x 786 · Court of Appeals for the Third Circuit · Oct 21, 2009

The Act grants power to the Secretary to promulgate regulations establishing the proper methods for calculating such costs. Id. § 1395x(v)(1)(A). … Discussion In the instant case, the Secretary denied UPMC’s claim for reimbursement because, inter alia, she found that merger did not qualify as a bona fide sale. 2 App. at 31.

United States v. Certain Land in the City of Newark

439 F.2d 670 · Court of Appeals for the Third Circuit · Mar 22, 1971

The defendant did not file an answer in which it could have either denied or qualified the statement of purported ownership. … The finding as to reasonable access is also not clearly erroneous.

Thomas Flick v. Timothy Miller

Court of Appeals for the Third Circuit · May 27, 2021

dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, arguing that Flick failed to allege that defendants 2 were personally responsible, and that qualified … immunity applied because defendants did not violate a clearly established right.

Donovan v. Punxsutawney Area School Board

336 F.3d 211 · Court of Appeals for the Third Circuit · Jul 15, 2003

The District Court held that the EAA did not apply to the activity period because the activity period did not qualify as “noninstructional time” as that term is defined in the statute. … Although we quite reasonably concluded in Brody that the challenge to religious speech in a graduation ceremony by students who had not yet graduated was not moot because the length of the senior year was “clearly too short

North Philadelphia Trust Co. v. Smith

13 F.2d 585 · Court of Appeals for the Third Circuit · Jun 30, 1926

inspection, that the change was made after the execution of the paper; and that such altered paper is, on the plaintiff’s offer, admissible in evidence without explanation, and thereafter the onus is on the defendant to establish … tendency of modem appellate courts, we are inclined to enlarge the sphere of trial, courts in the exclusion and admission of testimony and are disinclined to disturb their judgments for error on rulings unless error is clearly

Lomack v. City of Newark

463 F.3d 303 · Court of Appeals for the Third Circuit · Sep 18, 2006

While Grutter established that educational benefits are compelling in a law school context, we do not find its holding applicable in the firefighting context. … Judge Bea also noted that this "rhetorical ploy" is "clearly understandable" since it is "much easier to argue for measures to end `segregation' than for measures to end `racial imbalance.'

United States v. Lee

339 F. App'x 153 · Court of Appeals for the Third Circuit · Jul 27, 2009

We conclude that the District Court did not abuse its discretion in finding Agent Parks was qualified under Rule 702. … We cannot conclude on this evidence that it was “clearly improbable” that the firearms were connected to the conspiracy.

Catherine Jackson, on Behalf of Herself and All Others Similarly Situated v. Metropolitan Edison Company, a Pennsylvania Corporation

483 F.2d 754 · Court of Appeals for the Third Circuit · Aug 21, 1973

The Court said very specifically and clearly: “ . . . we do not rely on the mere fact that Capital Transit operates a public utility . . . … And so, although the plaintiff’s position has strong appeal, that is not enough to establish a constitutional basis.

United States v. Nessanbaum

205 F.2d 93 · Court of Appeals for the Third Circuit · Jun 10, 1953

The standard of proof required to establish perjury in the federal courts has been clearly stated by this court: “The rule of evidence in perjury cases presents an almost unique exception to the general rale that evidence … This statement and De Carlo’s picture were introduced into evidence, but we do not think that this qualifies the agents to testify of their own knowledge that Nessanbaum did know De Carlo as his tenant.

Frank v. Volkswagenwerk, A. G.

522 F.2d 321 · Court of Appeals for the Third Circuit · Aug 8, 1975

Ambler cannot be construed as establishing a general rule that the marking of the docket “settled, discontinued and ended” is binding only as between the parties to the first lawsuit. … Had the court said only this much, Blanchard would clearly support defendant’s position.

Johnny Watson v. Eastman Kodak Company

235 F.3d 851 · Court of Appeals for the Third Circuit · Dec 21, 2000

She filed an administrative charge within 300 days of the expiration of the promotion list, but well beyond 300 days from the date of the examination and the establishment of the list. … Court also concluded that its prior grant of summary judgment in favor of Kodak on this issue was proper because Watson “presented no evidence on summary judgment that suggests that Kodak engaged in some conduct that might qualify

Interfaith Community Organization Lawrence Baker Martha Webb Herring Margaret Webb Rev. Winston Clarke Margarita Navas v. Honeywell International, Inc. Formerly Known as Alliedsignal, Inc. Roned Realty of Jersey City, Inc. Roned Realty of Union City, Inc W.R. Grace & Company Ecarg, Inc W.R. Grace, Ltd. W.R. Grace & Company Ecarg, Inc W.R. Grace, Ltd., Defendants/third-Party v. Heller-Jersey City, L.L.C. Home Depot, U.S.A. Seaman Furniture Company, Inc. Third Party Hackensack Riverkeeper, Inc. William Sheehan v. Honeywell International, Inc. Formerly Known as Alliedsignal, Inc Roned Realty of Jersey City, Inc. Roned Realty of Union City, Inc. W.R. Grace, Ltd. Honeywell International, Inc.

399 F.3d 248 · Court of Appeals for the Third Circuit · Feb 18, 2005

As we will discuss below, these findings are not clearly erroneous. … established wrong.

United States v. Joseph Fiorelli

133 F.3d 218 · Court of Appeals for the Third Circuit · Jan 6, 1998

Some said they wanted to assure themselves of a good supply of qualified union workers or to avoid trouble over their having used nonunion workers. … None of these findings is clearly erroneous.

Louise B. v. Aldo Coluatti, Etc. Appeal of Louise B. And Janie J. And Josephine R

606 F.2d 392 · Court of Appeals for the Third Circuit · Sep 28, 1979

Vigorous efforts to protect the integrity of welfare programs are necessary to assure that the public’s dollars go only to those whose real need qualifies them to receive this money. … The mere fact that one is receiving public assistance benefits and is employed by the state does not establish any illegality.

Commonwealth of Pennsylvania v. Porter

659 F.2d 306 · Court of Appeals for the Third Circuit · Aug 5, 1981

Thus we need not concern ourselves with the now obsolete question whether the Commonwealth could qualify as a plaintiff under 28 U.S.C. § 1343 (3). The sole question is whether it is an appropriate plaintiff. … The court resolved those issues against Baranyai in more than 20 separate instances. 21 Its findings of fact concerning the historical events are not clearly erroneous.

United States v. City of Philadelphia

644 F.2d 187 · Court of Appeals for the Third Circuit · Dec 29, 1980

University of Chicago, 441 U.S. 677 , 99 S.Ct. 1946 , 60 L.Ed.2d 560 (1979), establish comprehensive standards for inferring rights of action. … This argument is facially appealing because the protection of federal rights clearly is a federal concern.

Evans v. Port Authority of New York

273 F.3d 346 · Court of Appeals for the Third Circuit · Nov 28, 2001

She summarizes the evidence supporting the original verdict as follows: [Evans'] testimony clearly established the invidious effect of race discrimination upon a human being. . . . … immunity from punitive damages under Section 1983.

United States Ex Rel. Smith v. Baldi

192 F.2d 540 · Court of Appeals for the Third Circuit · Oct 26, 1951

It would be unseemly for us to make argument either way on the questions upon which our superiors *544 differ. 3 We think that what we clearly must do, until we are told to the contrary, is to follow the well established … He was examined by an apparently impartial and qualified psychiatrist appointed by the court at the suggestion of his own counsel.

Commonwealth & Southern Corp. v. Securities & Exchange Commission

134 F.2d 747 · Court of Appeals for the Third Circuit · Mar 31, 1943

that the companies involved achieve a stated result in integration of operations, divestment of nonintegrated properties, simplification of corporate structure or distribution of voting power in order to meet the standards established … Congress clearly expressed in section 1(c) the policy which motivated the act.

Thomas v. Town of Hammonton

351 F.3d 108 · Court of Appeals for the Third Circuit · Dec 4, 2003

Termination of employment is a qualifying event. Id. § 300bb-3(2). … The District Court’s docket entries clearly show that the audio exhibits were part of the record.