Case law

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.

Port Construction Company v. Government of the Virgin Islands

359 F.2d 663 · Court of Appeals for the Third Circuit · May 2, 1966

After qualifying as a foreign corporation under the local law to do business in the Territory the plaintiff proceeded with the work called for by its contract. … In the present case we think that it was clearly not irrational or arbitrary for the Legislature in enacting its industrial incentive program to limit corporate tax exemptions and subsidies to those corporations which were

James Adams v. Governor of Delaware

914 F.3d 827 · Court of Appeals for the Third Circuit · Feb 5, 2019

By 2017 he felt ready to resume searching for a judicial position, and believed he was a qualified applicant. He therefore returned to active status in 2017. … Although the question is surely one of broad social import in Delaware, Adams has established that aside from his political affiliation, he feels qualified for a judicial position and intends to apply for a judicial position

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 .

Heffner v. Murphy

745 F.3d 56 · Court of Appeals for the Third Circuit · Feb 19, 2014

that the General Assembly has a legitimate interest in regulating the licensing of funeral directors in order “to protect the public health from the dangers attendant upon the inexpert conduct of undertaking by those not qualified … Commonwealth’s asserted interest in protecting public health is legitimate, we do not pass judgment on whether the Board’s second asserted interest—i.e., “preserving the unique nature and solemnity of the funeral service”—also qualifies

Jeryl Turco v. City of Englewood

935 F.3d 155 · Court of Appeals for the Third Circuit · Aug 19, 2019

The practical effect of the ordinance was the creation of three overlapping buffer zones at any qualifying facility. … a thirty-five foot buffer zone and the Ordinance establishes an eight-foot buffer zone.

Steven Biener Carol Greenway v. Frank Calio, the Honorable, State Election Commissioner Democratic Party of the State of Delaware

361 F.3d 206 · Court of Appeals for the Third Circuit · Mar 19, 2004

This is an injury in fact, which is clearly traceable to the filing fee *211 set by the Party and Calió. The injury also can be redressed by a favorable decision in this court. … For example, Biener alleges that Delaware’s alternative to filing fees for indigent candidates is illusory because so few people qualify as indigent under the statutory definition.

Heritage Farms, Inc. v. Solebury Township

671 F.2d 743 · Court of Appeals for the Third Circuit · Feb 10, 1982

In this situation, a federal court may abstain to avoid disrupting the efforts of a state "to establish a coherent policy with respect to a matter of substantial public concern." … III. 9 The district court did not rely upon Younger abstention, and it clearly has no applicablity to this case.

Abdelfattah v. U.S. Department of Homeland Security

488 F.3d 178 · Court of Appeals for the Third Circuit · May 30, 2007

If it did, we “must then decide whether that determination was clearly erroneous.” Id. (citations omitted). … purposes’” or whether it should require the agency to establish a rational nexus between the activities giving rise to the requested records and its law enforcement duties.

Gene Beatty v. Danri Corporation & Triangle Enterprises and Director, Office of Workers' Compensation Programs, United States Department of Labor

49 F.3d 993 · Court of Appeals for the Third Circuit · Mar 9, 1995

Because we demonstrated in the last section that Beatty is incorrect in his assertion that the statute clearly incorporates a full contribution standard, Beatty’s regulatory argument is mere bootstrapping. … kinds of impairments that a claimant can count. towards establishing a total disability.

United States v. Heimer

41 F. App'x 596 · Court of Appeals for the Third Circuit · Jul 31, 2002

Thus, where there is an objection to the information the court is considering for sentencing, the court must establish whether the information is reliable. … For the foregoing reasons, the sentencing court’s finding that the Agent was reliable was not clearly erroneous. We will affirm the judgment of the District Court.

Blumenthal v. Craig

81 F. 320 · Court of Appeals for the Third Circuit · Jun 2, 1897

Clearly, this was relevant and proper testimony. … There was no- error in its refusal, or in the qualified affirmance of the defendants’ third point, *326 which is also assigned for error as assignment No. 11.

Ranger Insurance Company v. Mrs. Miriam G. Culberson, as of the Estate of W. A. Culberson, Carol Brown MacLean as v. Miriam G. Culberson, as Administratrix, Defendant-Third Party v. Ranger Insurance Company, Third Party

454 F.2d 857 · Court of Appeals for the Third Circuit · Jan 26, 1972

It is incumbent upon insurance companies to state clearly the perimeters of their coverage to those who entrust their security to them. … (c) Establishing requirements for pilot experience. (d) Establishing limitations on the use of the aircraft." Ga.Code Ann. Sec. 56-2439.

Dobrek v. Phelan

419 F.3d 259 · Court of Appeals for the Third Circuit · Aug 17, 2005

. § 1983 by depriving Dobrek of his rights, privileges, and immunities secured by the Constitution and Federal statutes of the United States, specifically the Supremacy Clause and the Bankruptcy Clause of the United States … Congress included two qualifying phrases; the fines must be both ‘to and for the benefit of a governmental unit,’ and ‘not compensation for actual pecuniary loss.’

Parliman v. Delaware, L. & W. R. R.

163 F.2d 726 · Court of Appeals for the Third Circuit · Sep 19, 1947

That the discharge under Circular No. 39 was. regarded by the Selective Service authorities as an absolute and outright discharge is clearly evidenced in Local Board Memorandum No. 80-A issued April 1, 1943, by National Headquarters … It has not established re-employment or seniority rights for one who, after completing his period of military service has entered private employment and has subsequently been released therefrom.

Aes Corp. v. The Dow Chemical Company Dynegy Power Corporation F/k/a Destec Energy Inc

325 F.3d 174 · Court of Appeals for the Third Circuit · Apr 14, 2003

Clearly, in such circumstances, a buyer who relies on seher-provided information without seeking to verify it has not acted reasonably. … We are unwihing, however, to hold that the extraction of a non-reliance clause, even from a sophisticated buyer, wib always provide immunity from Rule 10b-5 fraud babibty.

United States v. Accetturo

783 F.2d 382 · Court of Appeals for the Third Circuit · Feb 14, 1986

But that interest must be qualified by the recognition that juveniles, unlike adults, are always in some form of custody." … Smith, 615 F.2d 964 (3d Cir.1980) (court's inherent power to protect defendant's compulsory process rights by conferring immunity on an essential witness); United States v.

Lori Oberson, Legal Guardian for Brian Musselman, an Incapacitated Person Kimberlee Musselman, Individually and as the Natural Mother of Devon Musselman, a Minor, Plaintiffs-Appellees-Cross-Appellants v. United States Department of Agriculture, Forest Service, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, and State of Montana, by and Through the Department of Fish, Wildlife and Parks West Yellowstone Chamber of Commerce, Defendants-Third-Party v. Jamie Louis Leinberger Patrick B. Kalahar Tim A. Johnson, Third-Party

441 F.3d 703 · Court of Appeals for the Third Circuit · Mar 20, 2006

mistaken judgment in a matter clearly involving [policy] choices." … The finding was supported by substantial evidence and has not been shown to be clearly erroneous. Sines v.

New Jersey Chamber of Commerce, Chemical Industry Council of New Jersey, New Jersey Business and Industry Association, Chemical Specialties Manufacturers Association, Inc., Merck & Co., Inc., Magnesium Elektron, Inc., Cp Chemicals Inc., Chem-Mark, Inc., Exxon Chemicals Americas, a Division of Exxon Corporation, Schering Corporation, Essex Chemical Corporation and Ingersoll- Rand Company, and Shell Chemical Company, a Division of Shell Oil Company v. Robert E. Hughey, Commissioner of Environmental Protection J. Richard Goldstein, M.D., Commissioner of Health and William Van Note, Acting Commissioner of Labor and the State of New Jersey, in No. 88-5283. Appeal of New Jersey State Chamber of Commerce, Chemical Industry Council of New Jersey New Jersey Business and Industry Association Chemical Specialties Manufacturers Association, Inc. Merck & Co., Inc. Magnesium Elektron, Inc., Exxon Chemical Americas, a Division of Exxon Corporations Ingersoll-Rand Company and Shell Chemical Company, a Division of Shell Oil Company, in No. 88-5283. Fragrance Materials Association of the United States, Flavor and Extract Manufacture's Association, Bush Boake Allen, Inc., Fragoco, Inc., Firmenich, Inc., International Flavors and Fragrances, Inc., Isogenics, Inc., H.J. Kohnstamm & Co., Inc. v. Mane Fils, Inc., Noville Essential Oil Company, Inc., Polarome Manufacturing Corp., Roure Bertrand Dupont, Inc., Takasago USA Inc., Ungerer & Co., and Universal Fragrance Corporation, in No. 88-5332 v. William Van Note, Acting Commissioner of Labor for the State of New Jersey J. Richard Goldstein, Commissioner of Health for the State of New Jersey Robert E. Hughey, Commissioner of Environmental Protection for the State of New Jersey, in No. 88-5332, and Joseph H. Rodriguez, Public Advocate of the State of New Jersey New Jersey State Industrial Union Council, Afl-Cio (Iuc) Citizen Action of New Jersey Philadelphia Area Project on Occupational Safety & Health (Philaposh) New Jersey Environmental Lobby New Jersey State Firemen's Mutual Benevolent Association (Fmba) International Association of Firefighters, New Jersey Afl- CIO (Iaff) Communication Workers of America, & Glass Workers International Union, Afl-Cio, Local 514-G Pennsylvania Federation Brotherhood of Maintenance of Way Employees, Afl-Cio Coalition Against Toxics League of Conservation Voters (New Jersey) Student Public Interest Research Group of New Jersey (n.j. Pirg) Environmental Action (Washington, d.c.) League of Women Voters of New Jersey Sierra Club (New Jersey) American Lung Association of New Jersey New Jersey Tenants Organization (Njto) New Jersey Association of County Health Officers and New Jersey Health Officers Association, Defendants-Intervenors in No. 88-5332

868 F.2d 621 · Court of Appeals for the Third Circuit · Apr 7, 1989

However, we do not think the finding of the district court clearly erroneous. We therefore affirm. I. THE ALLEGEDLY CONFLICTING STATUTES 5 A. … Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous.

Theresa Davis v. Dr. Akin Omitowoju, Theresa Davis v. Dr. Akin Omitowoju

883 F.2d 1155 · Court of Appeals for the Third Circuit · Aug 16, 1989

Posner, submitted [testimony which] clearly establishes $34,754.00 was included in iis initial total economic loss figure of $101,133.00 adopted by the Court as the “alternative” available to the Plaintiff given her duty … Section 892A establishes the effect of consent, and it provides: § 892A.