Case law

Pennsylvania Dental Association Delaware County Dental Society Erie County Dental Association, Inc. Harrisburg Area Dental Society Luzerne County Dental Society Montgomery-Bucks Dental Society Odontological Society of Western Pennsylvania Scranton Dental Society and York County Dental Society v. Medical Service Association of Pennsylvania, D/B/A Pennsylvania Blue Shield v. York County Dental Society, Fifth District Dental Society, Dennis W. King, D.D.S., Charles M. Ludwig, D.D.S., Theodore R. Paladino, D.D.S., Thomas L. Perkins, D.M.D., and Kay F. Thompson, D.D.S., Third Party Counterclaim

815 F.2d 270 · Court of Appeals for the Third Circuit · Apr 23, 1987

These legal maneuvers sought to establish that Blue Shield's in-house review and cost containment efforts were illegal interferences in the doctor-patient relationship. … V. 27 The organized dentists' immunity contention is predicated primarily on the first amendment.

38 Fair empl.prac.cas. 442, 37 Empl. Prac. Dec. P 35,454 James L. Maxfield v. Sinclair International and David H. Sinclair, President of Sinclair International

766 F.2d 788 · Court of Appeals for the Third Circuit · Jul 3, 1985

We turn first to Sinclair's claim that Maxfield failed to establish a prima facie case. II. … Since the district court found that in the present case "reinstatement would clearly be an undesirable remedy," App. at 20, the front pay award was permissible. See EEOC v.

23 Fair empl.prac.cas. 344, 23 Empl. Prac. Dec. P 31,119 Judith Gurmankin, on Behalf of Herself and All Other Persons Similarly Situated v. Matthew Costanzo, Superintendent of the School District of Philadelphia Murray Bookbinder, Executive Director of Personnel and Labor Relations Martin K. Ferrier, Director of Professional Personnel and Board of Education of the School District of Philadelphia

626 F.2d 1132 · Court of Appeals for the Third Circuit · Jul 15, 1980

the numerosity requirement out of the class action rule, even when the suit is one for employment discrimination; we are not authorized to do so since the rule does not permit elimination of any of the four prerequisites established … The district court's opinion clearly indicates that the court was under the impression that there was a commitment by the School District at least to take the affirmative action referred to in the opinion to rectify past

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.

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

In re Abbotts Dairies of Pennsylvania, Inc.

788 F.2d 143 · Court of Appeals for the Third Circuit · Apr 14, 1986

Generally speaking, an auction may be sufficient to establish that one has paid “value” for the assets of a bankrupt. … On the other hand, if it finds that ADC did act “in good faith,” then its finding that the prices paid “are fair and reasonable” is not clearly erroneous, and is sufficient to establish that ADC paid “value” for Abbotts’

Daniel S., a Minor by His Parents and Next Friends, Cynthia and Scott S. Cynthia S. Scott S., on Their Own Behalf v. Scranton School District

230 F.3d 90 · Court of Appeals for the Third Circuit · Oct 18, 2000

There is no dispute that the due process hearing scheduled to take place on November 10 would have qualified as an “administrative proceeding” within the meaning of IDEA. … Plaintiffs have not established that the[School] District convened the IEP meeting as a result of an “administrative proceeding.”

Cecil McLendon Don Vandertulip, Jimmie Carthan, Jr. And Konrad Trojniar, on Their Own Behalf and on Behalf of All Others Similarly Situated v. Continental Can Company, a Corporation, a New York Corporation Incorporated in 1913 Continental Can Company, Inc., a Delaware Corporation Continental Packaging Company, Inc., a Delaware Corporation the Continental Group, Inc., a New York Corporation Incorporated in 1982 and Kmi Continental Inc., a New York Corporation v. United Steelworkers of America, Afl-Cio

908 F.2d 1171 · Court of Appeals for the Third Circuit · Aug 14, 1990

These findings are not clearly erroneous. 33 The record shows that at a June 1976 meeting, Continental management determined that "St. Louis must be capped no later than 12/78 ... … Continental management again documented this precision. 39 It is readily apparent when you review the above numbers that all current employees are rule 65/20 qualified and/or 70-75 qualified or each worth $100,000 in unfunded

Donovan v. Local 126, International Brotherhood of Electrical Workers, Afl-Cio, Clc

728 F.2d 610 · Court of Appeals for the Third Circuit · Mar 5, 1984

Because no objection to the intervention was made at that time, we conclude that the union waived its constitutional provision establishing the period within which complaints could be lodged. … That being so, the Secretary had a qualified complainant and was authorized to file suit against the Union.

Berg Chilling Systems, Inc. Acceptance Insurance Company v. Hull Corporation Sp Industries, Inc., D/B/A Hull Company, Defendants/third-Party v. Vicarb, Inc., Alfa Laval, Inc. Alfa Laval Vicarb, John L. Hull, Lewis W. Hull, Third Party Berg Chilling Systems, Inc., Berg Chilling Systems, Inc. Acceptance Insurance Company v. Hull Corporation Sp Industries, Inc., D/B/A Hull Company, Defendants/third-Party v. Vicarb, Inc., Alfa Laval, Inc. Alfa Laval Vicarb, John L. Hull, Lewis W. Hull, Third Party Sp Industries, Inc.

369 F.3d 745 · Court of Appeals for the Third Circuit · May 25, 2004

Thus, the district court clearly erred in apportioning any damages to Berg. … Therefore, pursuant to Section 7.8, the Huadu freeze dryers qualified as a "liability or obligation" of Hull.

Harold Johnson v. United States

375 F. App'x 273 · Court of Appeals for the Third Circuit · Apr 14, 2010

The District Court relied on a test for granting relief from a default judgment that we established without referring to Rule 60(b). Emasco Ins. Co. v. … Johnson alleges that the mere existence of an IRS lien satisfies this requirement as it “impairs the ability of an individual to qualify as credit-worthy for most, if not all, major purchase necessities.”

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

Joseph Coady v. Donald T. Vaughn the District Attorney of the County of Montgomery the Attorney General of the State of Pennsylvania

251 F.3d 480 · Court of Appeals for the Third Circuit · May 31, 2001

The new parole guidelines are said to operate not as "mere guideposts" but rather as criteria qualifying under our jurisprudence as "laws" for the purposes of the ex post facto clause. See United States ex rel. … Thus, he has clearly raised a challenge to "actions of the board taken pursuant to changed statutory requirements" and he clearly has a state court remedy with respect to that claim which he has not exhausted.

Bielevicz v. Dubinon

915 F.2d 845 · Court of Appeals for the Third Circuit · Sep 28, 1990

Spell, 484 U.S. 1027 , 108 S.Ct. 752 , 98 L.Ed.2d 765 (1988), clearly articulated this theory of proximate causation: “A sufficiently close causal link between ... a known but uncorrected custom or usage and a specific violation … The City suggests that because Dubinon and Beck acted with personal ill will, it is somehow immunized from liability.

United States v. Vincent R. Davis

183 F.3d 231 · Court of Appeals for the Third Circuit · Jul 26, 1999

Nevertheless, the remedy against potential abuses is not to establish a rule, easily circumvented, by which some formal act of the grand jury will be required to establish “pen-dency.” … Grand Jury Obstruction A grand jury investigation clearly qualifies as a pending judicial proceeding under § 1503. See United States v.

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

Johann Breyer v. John Ashcroft, U.S. Immigration and Naturalization Service

350 F.3d 327 · Court of Appeals for the Third Circuit · Nov 19, 2003

Consequently, a citizen might be able to satisfy the burden of establishing that an action was taken involuntarily — should other evidence not establish the contrary — by showing that it was compulsory. … from service to the Italian army, coupled with evidence that the plaintiff failed to invoke the immunity thus available to him.

Xin Liu v. Attorney General of the United States

357 F. App'x 439 · Court of Appeals for the Third Circuit · Dec 17, 2009

The BIA found the IJ’s adverse credibility determination was sufficiently supported by the record and was not clearly erroneous. … based on his girlfriend’s abortion, as he had not established *442 that he was persecuted for his own resistance to China’s population control program.

Richerson v. Jones

551 F.2d 918 · Court of Appeals for the Third Circuit · Mar 7, 1977

As a result, we clearly have jurisdiction over Richerson’s appeal. … Burr, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 (1940), which concerned the application of the doctrine of sovereign immunity to governmental corporations authorized to engage in commercial transactions with the public.

T. C. Boase, James C. Carlin, George L. Smith and Alex Watson, on Behalf of Themselves and All Others Similarly Situated v. Lee Rubber & Tire Corporation v. Daniel N. Handy, Robert M. Brasaemle, Elden E. Leach, and Arthur H. Nellen, Third-Party Ernest M. Ikirt, Intervening Leo R. Howley, Ralph W. Hawkins and Lawrence S. Anderson on Behalf of Themselves and All Others Similarly Situated v. Lee National Corporation, Formerly Known as Lee Rubber & Tire Corporation, Harry H. Beard, Intervening

437 F.2d 527 · Court of Appeals for the Third Circuit · Mar 24, 1971

The Company could not have refused direct payments to any qualified pensioner until the entire plan was either amended or terminated. … Moreover, the court clearly expressed an overriding Pennsylvania public policy regarding adoption, which it deemed dispositive of the case 7 'State law as announced by the highest court of the State is to be followed.'