Case law

Edwin Ortiz Santiago Camacho (Intervenor in d.c.) v. Sylvia Dodge

126 F.3d 545 · Court of Appeals for the Third Circuit · Oct 3, 1997

Clearly, the appellate division did not "finally resolve" the question whether the execution sale should be set aside. … appellate division's decision. 5 48 U.S.C. § 1613a(c) states: "The United Court of Appeals for the Third Circuit shall have jurisdiction of appeals from all final decisions of the district court on appeal from the courts established

Burns v. PA Dept Corr

Court of Appeals for the Third Circuit · Sep 19, 2008

they “establish that the particular medical treatment . . . … Because it is undisputed that the DOC never established (or even attempted to establish) this amount, I would hold that Burns has not suffered a deprivation of property.

Jean Levine, on Behalf of Herself and All Others Similarly Situated v. United Healthcare Corporation (Dc Nj 01-Cv-04964)

402 F.3d 156 · Court of Appeals for the Third Circuit · Mar 16, 2005

Such laws do not qualify under the “saving” clause jurisprudence. See Miller, 538 U.S. at 334 , 123 S.Ct. 1471 . … This case involves a statutory enactment, which, according to the New Jersey Supreme Court, was clearly rooted in legislative concerns about spiraling insurance costs.

Doctors, Inc. v. Blue Cross

490 F.2d 48 · Court of Appeals for the Third Circuit · Dec 28, 1973

Clearly, issues of fact are not properly “raised or presented” before a court if the opposing party has had no opportunity to answer them. … As a result, the essential facts necessary to support this claim of immunity have not as yet been pleaded.

Wade Knight v. Jonathan Kaminski

331 F. App'x 901 · Court of Appeals for the Third Circuit · May 29, 2009

immunity with respect to the remaining Bivens claims; and (4) defendants were entitled to summary judgment under 28 U.S.C. § 2680(h) with respect to Knight’s FTCA claims. … The District Court declined to discuss the merits of defendants’ qualified immunity argument. Knight filed a timely motion for reconsideration, which the District Court denied.

Blanciak v. Allegheny Ludlum Corp.

77 F.3d 690 · Court of Appeals for the Third Circuit · Feb 16, 1996

Congress certainly could have amended the definition of "employment agency" in the same manner that it so clearly amended "employer" in 29 U.S.C. § 630. … "The discretionary power to withhold injunctive and declaratory relief for prudential reasons, even in a case not constitutionally moot, is well established." S-1 v.

United States v. Somers

496 F.2d 723 · Court of Appeals for the Third Circuit · Mar 27, 1974

The remark at issue, while clearly improper, is not so inherently prejudicial as to justify a per se rule. … Inasmuch as Commissioner Ponzio's guilt was clearly established by competent evidence, we are confident that the ambiguous remark, cured as it was by the Court's instructions, did not prejudice the defendant. Cf.

United States v. Howe

543 F.3d 128 · Court of Appeals for the Third Circuit · Sep 18, 2008

The Government, as the appellant in this case, bears the burden of establishing that the sentence is unreasonable. United States v. Cooper, 437 F.3d 324, 332 (3d Cir.2006). … This hardly qualifies as a “strenuous objection.” Nor did the Government file a written sentencing memorandum prior to the sentencing hearing.

Clark v. Cohen

794 F.2d 79 · Court of Appeals for the Third Circuit · Jun 26, 1986

This in turn requires that, at least for the nondangerous patient, constitutionally minimum standards of treatment be established and enforced. Donaldson v. O'Connor, 493 F.2d at 521. See also Woe v. … Jacobs, The Eleventh Amendment and Sovereign Immunity (1972); Field, The Eleventh Amendment and Other Immunity Doctrines, 126 U.Pa.L.Rev. 515, 1203 (1978); Nowak, The Scope of Congressional Power to Create Causes of Action

Nugent v. Atty Gen USA

367 F.3d 162 · Court of Appeals for the Third Circuit · May 7, 2004

Therefore, in order to qualify as an aggravated felony, it must be shown that Nugent’s conviction for theft by deception qualifies under the statutory definitions for both theft offenses and fraud/deceit offenses. … for the offense to qualify as an aggravated felony. 24

Chalmers v. Shalala

23 F.3d 752 · Court of Appeals for the Third Circuit · Jan 24, 1994

We therefore conclude that the fact that Chalmers had the legal right to liquidate her interest in the inherited property qualifies it as a resource under the Secretary's regulations. 3 19 In essence Chalmers argues that … Congress clearly intended that such "buildings and land" "must be disposed of" "if they were not readily convertible to cash." 23 Although we are sympathetic to Chalmers's disability, the record does not establish unequivocally

Local 148-162 International Ladies' Garment Workers' Union Afl-Cio v. National Labor Relations Board

450 F.2d 462 · Court of Appeals for the Third Circuit · Sep 23, 1971

On May 7, 1968, the employer here refused to bargain with a union that had duly qualified for recognition under Section 9(a). … And since the reason for this refusal was to gain time to achieve employee disclaimer of the union, the intention of the employer to flout and violate the statutory mandate is clearly established.

Wolf, Dorothy, G. v. National Shopmen Pension Fund Shopmen's Local 548 Gehringer, Richard H. Appeal of National Shopmen Pension Fund

728 F.2d 182 · Court of Appeals for the Third Circuit · Oct 24, 1984

The Pension Fund is a jointly administered trust fund established pursuant to Section 302(c)(5) of the Labor Management Relations Act, 29 U.S.C. § 186 (c)(5) (1976). … This provision clearly requires the election of an alternative scheme provided in Article 6 before the waiver of the Husband-Wife Pension scheme under disability pension is effective. In this case Mr.

United States v. McKee

506 F.3d 225 · Court of Appeals for the Third Circuit · Nov 19, 2007

The government alleged that false Partnership employment tax returns for the quarters ending in March 1998 through January 2001 qualified as affirmative acts of evasion for Counts 2 through 13. Sansone v. … Thus, benefit alone can not establish income.

Nos. 81-1347, 81-1348

670 F.2d 387 · Court of Appeals for the Third Circuit · Feb 10, 1982

This clearly "had significance beyond pension rights, impacting on an employee's shift selection, vacations, overtime and recall rights." Id. 78 55. … The Ninth Circuit cases cited by the plaintiff class are less clearly on point. In Lee v.

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.

Charles R. Vose, Inc. v. Evans

317 F.2d 281 · Court of Appeals for the Third Circuit · May 7, 1963

As indicated above, the headquarters and all but one of the branch offices had been well-established prior to 1945. Other evidence to support this finding-is seen in the testimony of testator’s sister-in-law, Mrs. … He owned all but the directors’ qualifying shares in Tropical.

In Re G-I Holdings, Inc.

755 F.3d 195 · Court of Appeals for the Third Circuit · Jun 17, 2014

The Producer Agreement sets forth the Members’ purposes in entering the agreement and establishing the Center. … But because the Producer Agreement does clearly provide for such a suit, we should not lightly overlook Section X as it is the most relevant provision to the issue at hand.

Randell v. Newark Housing Authority

384 F.2d 151 · Court of Appeals for the Third Circuit · Dec 28, 1967

appellants since New Jersey court procedures would play a crucial role in our decision of any 'due process' constitutional issues. 10 A party cannot refuse to make any use of a system of 'administrative' and 'judicial' relief clearly … The trial judge thus reasoned that the Newark Housing Authority and defendant Danzig, its director, were within the immunity of the City of Newark. See, also, footnote 50 in Monroe v.

In Re Nickelodeon Consumer Privacy Litigation

827 F.3d 262 · Court of Appeals for the Third Circuit · Jun 27, 2016

The purported injury here is clearly particularized, as each plaintiff complains about the disclosure of information relating to his or her online behavior. … Actually, this provision of the Act refers to “the relief provided in subsection (d),” but that is clearly a scrivener’s error.