Case law

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.

Marcavage v. City of Philadelphia

481 F. App'x 742 · Court of Appeals for the Third Circuit · May 29, 2012

immunity, we observe that even if the individual defendants had violated Marcavage’s constitutional rights, qualified immunity would apply to shield them from liability for civil damages, “as their conduct does not violate … clearly established statutory or constitutional rights of 13 which a reasonable person would have known.”

United States v. Steven Gray

942 F.3d 627 · Court of Appeals for the Third Circuit · Nov 8, 2019

error in finding that the Government had established by a preponderance of the evidence that the firearm was stolen. … Initially, Gray contends that the evidence was insufficient to establish that he was “fleeing” law enforcement.

Burns v. Comm Social Security

Court of Appeals for the Third Circuit · Dec 4, 2002

Based on his score, then, Burns’ claim clearly fails. He does not have an IQ score between 60 and 70. … So, automatically reading 75 to mean "70" could result in a number of persons who are clearly not mentally retarded under the regulations qualifying for benefits.

In Re Atlantic Business And Community Development Corporation

994 F.2d 1069 · Court of Appeals for the Third Circuit · Jun 7, 1993

After cross-motions for summary judgment, the bankruptcy court held that the FCC license did not qualify as property or an interest in property to which a tax lien could attach under section 6321 of the IRS Code. 1 Accordingly … rights to property,' appearing in § 6321 ... is broad and reveals on its face that Congress meant to reach every interest in property that a taxpayer might have."). 2 It is well settled that federal tax liens reach interests immune

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.

Gay v. CreditInform

511 F.3d 369 · Court of Appeals for the Third Circuit · Dec 21, 2007

A party seeking to avoid arbitration for a statutory claim has the burden of establishing that Congress intended to preclude arbitration of the claim. … Should the law require consumers to litigate or arbitrate individually, defendant corporations are effectively immunized from redress of grievances.

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.

United States v. Paul J. Leahy United States of America v. Timothy Smith United States of America v. Dantone, Inc.

445 F.3d 634 · Court of Appeals for the Third Circuit · Mar 24, 2006

The scheme began to *640 unravel, however, when Edward Stigben, a co-schemer with the Defendants, was approached by the FBI regarding an ongoing investigation of Carriage Trade; Stigben eventually received immunity from the … Clearly, this was in error, as the burden of proof was on the Government.

Wicker v. Consolidated Rail Corporation

142 F.3d 690 · Court of Appeals for the Third Circuit · Apr 29, 1998

Unlike this case, Schubert dealt with a release that was signed before the employee was injured, clearly the type of contractual "shield" FELA was designed to prevent. … But the facts of the case counsel against extracting such a clearly defined rule of law.

United States v. Richardson

658 F.3d 333 · Court of Appeals for the Third Circuit · Sep 23, 2011

This evidence thus cannot be used to establish knowledge of a design to conceal on Richardson‘s part. … Richardson went along with the plan and (knowing that she could not qualify for a mortgage based on her true salary) submitted a mortgage application that vastly overstated her income.

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.

James Hetherton and Carol Hetherton, His Wife v. Sears, Roebuck & Company, a New York Corporation

652 F.2d 1152 · Court of Appeals for the Third Circuit · Jun 25, 1981

Clearly, Delaware could not limit the sale of firearms to men only or to members of certain religious groups. … Nor does the lack of ownership of realty establish a lack of attachment to the community and its educational values.

TD Bank NA v. Vernon Hill, II

928 F.3d 259 · Court of Appeals for the Third Circuit · Jul 1, 2019

If a work qualifies as a work for hire, the Act treats the employer or principal as the author, and the copyright presumptively vests in the principal unless the parties execute an agreement to the contrary. 17 U.S.C. § 201 … But the mere use of the word "guarantee" in a contract "does not necessarily establish the nature of the obligation," because the term, when read in context, may not establish a guarantor-guarantee relationship.

Armstrong Surgical Center, Inc. v. Armstrong County Memorial Hospital

185 F.3d 154 · Court of Appeals for the Third Circuit · Jul 27, 1999

They insist, however, that the complaint alleges facts establishing that they are immune from antitrust liability. … It concluded its discussion of the city’s immunity by “reiterating] that, with the possible market participant exception, 4 any action that qualifies as state action is ‘ipso facto ... exempt from the operation of the antitrust

Keene Corporation v. Paraflex Industries, Inc., Sim-Kar Lighting Fixtures Co., Inc

653 F.2d 822 · Court of Appeals for the Third Circuit · Aug 6, 1981

Products or features which have not qualified for patent protection but which are functional are in the public domain, and are fair game for imitation and copying. … Keene argues that the district court’s finding that the Wall Cube design was functional is clearly erroneous.

Olick v. Kearney (In Re Olick)

498 F. App'x 153 · Court of Appeals for the Third Circuit · Sep 21, 2012

These two holdings are by no means at odds; that the defendants were not immune to suit does not imply the existence of a genuine issue of material fact as to their culpability. See Fed. R. Civ. … The Bankruptcy Court specifically found that Lee was the Knights representative who made the decision to use November 1, 2005, as the “qualifying event” on Olick’s COBRA notice, id. at 528; because we agree with the Bankruptcy

Johnnie E. GREEN, Appellant, v. Hon. Thomas E. WHITE, Secretary of the Army

319 F.3d 560 · Court of Appeals for the Third Circuit · Feb 10, 2003

Clearly, the crucial question here is the effect of motions for reconsideration on the § 2401(a) six-year time bar. In Interstate Commerce Commission v. … This decision was appealed to the Ninth Circuit Court of Appeals, which remanded the case for clarification of whether the district court "exercised jurisdiction under 28 U.S.C. § 1331 and the waiver of sovereign immunity

Martinez v. Attorney General

693 F.3d 408 · Court of Appeals for the Third Circuit · Sep 6, 2012

Holder, 602 F.3d 1092, 1094 n.1 (9th Cir. 2010) (record did not establish aggravated felony conviction but did establish arrest for said felony) (quoting 8 U.S.C. § 1182(a)(6)(C)(i)); see Mwongera v. … I.N.S., 187 F.3d 323, 330 (3d Cir. 1999) (“knowledge of the falsity of the representation will suffice” to establish inadmissibility).