Case law

Liberty Mutual Insurance Company v. Ward Trucking Corp.

48 F.3d 742 · Court of Appeals for the Third Circuit · Apr 10, 1995

Bonatz, 475 F.2d 433, 437 (3d Cir.1973) ("Even on [issues of jurisdictional fact] the record must clearly establish that after jurisdiction was challenged the plaintiff had an opportunity to present facts by affidavit or … I of course agree with the majority that "only remand orders issued under Sec. 1447(c) and invoking the grounds specified therein ... are immune from review under Sec. 1447(d)."

John Thorpe v. Borough of Jim Thorpe

770 F.3d 255 · Court of Appeals for the Third Circuit · Oct 23, 2014

any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … The National Museum of the American Indian Act, enacted in 1989, was the precursor to NAGPRA and established such a museum in the Smithsonian.

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.

T Mobile Northeast LLC v. City of Wilmington

913 F.3d 311 · Court of Appeals for the Third Circuit · Jan 10, 2019

That something might have been said even more clearly does not mean it is not clear enough. … Ct. 709, 716 (2016) (Thus, “[w]e treat a time bar as jurisdictional only if Congress has ‘clearly stated’ that it is.”).

Norfolk Southern Railway Co. v. Pittsburgh & West Virginia Railroad

870 F.3d 244 · Court of Appeals for the Third Circuit · Aug 29, 2017

A qualifying REIT must distribute 90% of its taxable income to its shareholders annually. … It refused to issue an advisory opinion regarding books and records demands because Section 8(a)(3) of the Lease clearly provided for them.

Surrick v. Killion

449 F.3d 520 · Court of Appeals for the Third Circuit · Jun 2, 2006

advertisement or posters; (d) Plaintiff shall provide an inscription on all stationary [sic], business cards, files, websites or other documents or correspondence clearly … This, however, was clearly not the ratio decidendi of the court’s holding. 16 predominantly legal questions are particularly “amenable to a conclusive determination in a preenforcement context

Metro Life Ins Co v. Price

Court of Appeals for the Third Circuit · Sep 4, 2007

Supp. at 89 (“[T]he insurer has clearly contracted for the discretion to exercise its own judgment.”). … MetLife’s well- pleaded complaint establishes that its cause of action arises under ERISA.

United States v. Evgueni Pojilenko A/K/A Eugene, A/K/A Zheka Evgueni Pojilenko

416 F.3d 243 · Court of Appeals for the Third Circuit · Jul 27, 2005

Thus, the Act requires that the District Court consider, among other things, “the Guidelines’ sentencing range established for ... the applicable category of offense committed by the applicable category of defendant.’ ” Id … “Use” by Appellant Numerous courts have held that there must be some affirmative act beyond mere joint participation in a crime with a minor to qualify as “use of a minor” under § 3B1.4. See United States v.

Sun Valley Orchards LLC v. United States Department of Labor

Court of Appeals for the Third Circuit · Jul 29, 2025

The Immigration and Nationality Act (INA) requires prospective H-2A employers to demonstrate that: (A) there are not sufficient workers who are able, willing, and qualified, and who will be available … The Constitution vests “[t]he judicial Power of the United States . . . in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” U.S. Const. art. 3, § 1.

Gabriel Rosa-Diaz v. Dow

683 F. App'x 103 · Court of Appeals for the Third Circuit · Mar 23, 2017

We may summarily affirm the District Court where “it clearly appears that no substantial question is presented.” 3d Cir. I.O.P. 10.6 (2015). … They are also immune from “intentional tort claims.” La Frankie v. Miklich, 618 A.2d 1145, 1149 (Pa. Commw. Ct. 1992). 8

Fairview Township v. United States Environmental Protection Agency

773 F.2d 517 · Court of Appeals for the Third Circuit · Sep 23, 1985

The Administrator’s volte-face in that case was based on his clearly discretionary duties undertaken in evaluating a grant applicant’s compliance with all laws and regulations. Id. at 25-26 . … In its May 12, 1982, regulations, EPA established new standards concerning user charges including a requirement that sewer authorities enact a "sewer use ordinance” to permit the selection "of the most cost-effective alternative

Passavant Retirement & Health Center v. National Labor Relations Board, National Labor Relations Board v. Passavant Retirement & Health Center

149 F.3d 243 · Court of Appeals for the Third Circuit · Jul 24, 1998

Earlier, in a nonhealth care case, we determined that this type of authority is clearly disciplinary in nature. See Warner Co. v. … The drivers were already unionized, and the employer opposed the shippers’ efforts to establish a union.

Ensey v. Government Employers Insurance Co.

663 F. App'x 172 · Court of Appeals for the Third Circuit · Oct 31, 2016

established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established 18 Id. … for statutory immunity.

Orr v. United States

486 F.2d 270 · Court of Appeals for the Third Circuit · Sep 14, 1973

This was clearly the responsibility of the United States; the United States owned the poles and lines and controlled the distribution of current. … It did know that it had contracted that no one other than qualified personnel would work in areas of possible contact with energized circuits.

Wheeling-Pittsburgh Steel Corp. v. National Labor Relations Board

618 F.2d 1009 · Court of Appeals for the Third Circuit · Apr 14, 1980

“It has long been established that a finding of violation under this section will normally turn on the employer’s motivation. … This replacement was not suspended because he was. a new employee who was not yet fully qualified to operate the crane. App. at 155a, 448a. 8 .

Omar Gomaa Orabi v. Attorney General United States

738 F.3d 535 · Court of Appeals for the Third Circuit · Jan 2, 2014

This “finality requirement,” as some courts have referred to it, was well established. White v. … “Because we presume that Congress’ intent is most clearly expressed in the text of the statute,” we examine “the plain language of the relevant provision.” Reese Bros., Inc. v.

United States v. Rohm and Haas Company Rohm and Haas Delaware Valley, Inc. Chemical Properties, Inc. Bristol Township Authority

2 F.3d 1265 · Court of Appeals for the Third Circuit · Oct 22, 1993

Given the extent of this expected private activity and the established prior practice of financing oversight activities from appropriated funds, a directive that EPA would henceforth be able to recover all of the costs of … An RI/FS is an “investigation” of the type contemplated in § 104(b) and is clearly a removal action.

Steven Pannebaker v. Karin Trotta

Court of Appeals for the Third Circuit · Nov 15, 2024

Pannebaker contends that his condition qualified as an emergency under relevant COVID-19 policies, so the restrictions should not have delayed his treatment. … Accordingly, we will summarily affirm the District Court’s judgment.3 3 Because Pannebaker’s claims fail on the merits, we do not address whether the defendants were entitled to qualified immunity.

Globe Solvents Co. v. the California

167 F.2d 859 · Court of Appeals for the Third Circuit · Apr 21, 1948

Appellee has not contended that there was any other negligence. [32] We therefore find that the Appellee has failed to sustain the burden of proof incumbent upon it of establishing that the placing of this cargo on three … In admiralty cases, fact findings of the district court, when supported by competent evidence, are entitled to great weight and should not be set aside except under a showing that they are clearly wrong.

United States v. Leonard A. Pelullo

964 F.2d 193 · Court of Appeals for the Third Circuit · Jul 27, 1992

But count 54, relating to the $114,000 transaction from Palm Beach Heights Development Corporation, was clearly established by admissible evidence independent from the documents discussed in Section A. … Clearly, however, Congress chose to extend the statute of limitations to a broader class of crimes.