Case law

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.'

Clark v. Township of Falls

890 F.2d 611 · Court of Appeals for the Third Circuit · Nov 22, 1989

Although the facts in that case were somewhat similar, in that the city council voted to disclose an internal investigation of the police chief to the media, the only issue before the Court was the qualified immunity of cities … A property interest is no more created by the mere fact that a state has established a procedural structure than is a liberty interest. See Hewitt v.

United States of America, in No. 92-7174 v. Ronald P. Shirk, in No. 92-7123

981 F.2d 1382 · Court of Appeals for the Third Circuit · Feb 16, 1993

In To-bon-Builes, the Court of Appeals for the Eleventh Circuit held that the-defendant’s “willfulness was clearly established by evidence showing he knew about the currency reporting requirements and that he purposely sought … Even if the earlier Guidelines or commentary did prescribe base level five for "technical” structuring, Shirk's offense still would not qualify.

Tara Scott v. Vantage Corp

64 F.4th 462 · Court of Appeals for the Third Circuit · Apr 5, 2023

However, the Court determined that the record did not establish that a public offering had occurred. … And we see no basis to conclude that its assessment of the relevant facts was clearly erroneous.

Madhat Zubi v. At&t Corp

219 F.3d 220 · Court of Appeals for the Third Circuit · Jul 18, 2000

Following the 1991 amendments, section 1981 "clearly prohibits discriminatory conduct that occurs both before and after the establishment of the contractual relationship." Perry v. … According to the majority, an Act of Congress that establishes a new cause of action but refers to "pre-existing law" in doing so does not qualify as "an Act of Congress" within the meaning ofS 1658.

Buczynski v. General Motors Corp.

616 F.2d 1238 · Court of Appeals for the Third Circuit · Feb 15, 1980

. § 1053 (a) (1976), cannot be sustained: The legislative history affirmatively supports the Treasury regulation, and, at the very least, any conflict between the regulation and the statute, if one indeed exists, is clearly … benefits differ because of any retirement benefit created under State or Federal law, will not be discriminatory because of such exclusion or difference, provided the total benefits resulting under the plan and under such law establish

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.

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

Mulanga v. Atty Gen USA

Court of Appeals for the Third Circuit · Nov 14, 2003

In order to qualify for withholding of removal, an applicant must show a “clear probability” that his or her life or freedom would be threatened if s/he is deported. Lin v. … In fact, other than the evidence of general country conditions, which clearly documented numerous acts of political repression, Mrs. Mulanga was in no position to document her story.

United States v. Marco Laboy-Torres

Court of Appeals for the Third Circuit · Jan 29, 2009

In Small, the Supreme Court considered whether a Japanese conviction qualified as a predicate conviction under §922(g)(1). … This government enjoys the same immunity from suit possessed by the States, Ramirez v. Puerto Rico Fire Service, 715 F. 2d 694, 697 (1st Cir. 1983).

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.

Charles Monroe v. Perry Phelps

520 F. App'x 67 · Court of Appeals for the Third Circuit · Apr 8, 2013

Moreover, the filings in the case demonstrate that Monroe is able to clearly articulate his claims and represent himself. … immunity or Eleventh Amendment grounds. 8

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.

In re: Thomas C. Wettach v.

811 F.3d 99 · Court of Appeals for the Third Circuit · Jan 20, 2016

This evidence is sufficient to support the bankruptcy court’s conclusion that the existence of deposits in the entireties account “is clearly established by the record.” In re Wettach, 489 B.R. at 511. … The court reached this figure by strictly apportioning the total automobile expenditures3 of $134,706.02 among the Wettachs’ seven vehicles after finding that only three vehicles qualified as necessities.

Feldman v. Community College of Allegheny

85 F. App'x 821 · Court of Appeals for the Third Circuit · Jan 6, 2004

Feldman also *827 contends that the District Court erred in barring his state claims based on the general government immunity provisions of the Tort Claims Act. … Feldman claims that he was qualified to use the lab since he was registered for a class in May, although that class was not scheduled to begin until June.

Phillip N. Lockhart, Charles B. Wilson, James Lowery, James P. Durham and Thomas Bradley v. Westinghouse Credit Corporation

879 F.2d 43 · Court of Appeals for the Third Circuit · Jul 13, 1989

This is accomplished “by proving by a preponderance of the evidence that (1) he belongs to a protected class; (2) he was qualified for the position; (3) he was dismissed despite being qualified; and (4) he ultimately was … Although the judge clearly erred in mentioning the presumption after WCC had already brought forth substantial evidence to rebut it, that error was not prejudicial.

Freddie L. Johnson and Clara Johnson, Husband and Wife, and Cross v. United States of America, and Cross-Appellee v. Timothy B. Hay, Third Party

704 F.2d 1431 · Court of Appeals for the Third Circuit · Aug 2, 1983

Finally, Johnson claims that the district court’s damage awards for pain and suffering and for loss of capacity to pursue an established course of life are so low as to be clearly erroneous. I. … When the Feres doctrine bars a suit, the federal courts must dismiss the case because the United States has not waived its sovereign immunity. See, e.g., Broudy v.

Tymeco Jones v. SCO Silver Care Operations LLC

857 F.3d 508 · Court of Appeals for the Third Circuit · May 18, 2017

the disputed interpretation of a CBA provision,” which dispute must “first go to arbitration—through the representative union—before [the employee may] vindicate] his or her rights in federal court under the FLSA.” 4 We established … The FLSA requires qualifying employers to pay “at a rate not less than one and one-half times the regular rate” to employees for hours worked in excess of forty hours a week. 21 The regular rate of pay is defined as “all

Edward Arthur v. Maersk, Inc. D/B/A Maersk Line Ltd. Dyn Corp. Technical Services D/B/A Dyn Marine Services the United States of America

434 F.3d 196 · Court of Appeals for the Third Circuit · Jan 13, 2006

However, it does not conclusively establish agency. Cf. Favorite v. … The District Court assumed that Arthur’s failure to name the United States qualified as a mistake.

In Re Unisys Corp. Retiree Medical Benefits Erisa

579 F.3d 220 · Court of Appeals for the Third Circuit · Sep 2, 2009

In their cross-appeal, the plaintiffs contend that the District Court’s findings with respect to these two plaintiffs on the element of detrimental reliance are clearly erroneous. … Our case law clearly establishes the right of a plaintiff ... to receive relief beyond the benefits specified in the plan, and the District Court injunction did not rewrite or informally amend the plan.” Id. at 308 .