Case law

Berguido v. Eastern Air Lines, Inc.

369 F.2d 874 · Court of Appeals for the Third Circuit · Nov 23, 1966

Such elaboration qualifies the finding as sufficient under Rule 52(a), if indeed a specific finding by the trier of fact is needed when the issue is one of credibility. … However, failing acceptance of this approach, appellant urges that the District Court’s finding of no wilful misconduct by the appellee was clearly erroneous.

Perri v. Dulles

206 F.2d 586 · Court of Appeals for the Third Circuit · Jul 24, 1953

His application for such documentation having been, denied he brought the present suit to establish his citizenship status. … This language is to be qualified, however, by the settled doctrine to which we have referred that expatriation can be the consequence only of voluntary action.

Joseph Malcomb v. Craig McKean

599 F. App'x 437 · Court of Appeals for the Third Circuit · Apr 24, 2015

In particular, the Magistrate Judge found that Malcomb could not establish that the criminal proceeding had been disposed of in his favor. The District Court adopted the Report and Recommendation. … Foster Wheeler Corp., 26 F.3d 375, 398 (3d Cir. 1994). 2 In the alternative, the Magistrate Judge stated that the defendants were entitled to qualified immunity, and that one of the defendants, Trooper Thomas, did not initiate

SEC v. Dale Chappell

107 F.4th 114 · Court of Appeals for the Third Circuit · Jul 9, 2024

“But unless Congress clearly states an intention to the contrary, statutory injunctions are governed by the same established principles of equity that have developed over centuries of practice.” … That is not a clearly erroneous assessment; it is clearly correct.

Lugo v. Paulsen

886 F.2d 602 · Court of Appeals for the Third Circuit · Sep 28, 1989

Therefore, we will review the history of the enactment of § 523(a)(9) to ensure that our reading of the statute is not plainly contradicted by clearly expressed legislative intent. I.N.S. v. … New Jersey Division of Motor Vehicles, 211 N.J.Super. 708, 710-11 *606 (App.Div.1986) (Merit Rating Plan surcharges are "clearly remedial and civil,” rather than punitive, in nature). . We note that In re A.C.

Pa Prison Society v. Cortes

622 F.3d 215 · Court of Appeals for the Third Circuit · Oct 1, 2010

qualify for the organizational exception to the prohibition on third party standing and may pursue relief on behalf of its members.” … We are persuaded that the District Court did not clearly err in finding that Hollis lacked individual standing to participate in this action.

Burns v. Goldberg (Malamut, Third Party Defendant). Appeal of Malamut. Appeal of Goldberg

210 F.2d 646 · Court of Appeals for the Third Circuit · Feb 24, 1954

Upon trial a jury verdict established the negligence of both the Goldbergs and the husband and awarded the adminis-tratrix $15,000 damages under the Wrongful Death Act and $5,000 under the Survival Act. … It must have seemed to counsel then that the circumstances of the husband’s exclusion had been clearly enough explained so that repetition was not essential. And so it appears to us now.

Zebley v. Bowen

855 F.2d 67 · Court of Appeals for the Third Circuit · Oct 18, 1988

We are persuaded that in the statutory directive that "any" impairment may be disabling if severe enough, Congress has clearly expressed an intention that children be given the opportunity for individual evaluations comparable … Regulations establishing such revised criteria and listings shall be published no later than 120 days after the date of the enactment of this act [Oct. 9, 1984]. 60 42 U.S.C.

Bridge v. United States Parole Commission

981 F.2d 97 · Court of Appeals for the Third Circuit · Dec 1, 1992

The district court, when reviewing this second determination by the Parole Commission, held that its first order established conclusively that no evidentiary basis supported this finding and implicitly barred evaluation of … First, a court's authority to interfere with the Parole Commission's broad discretion to evaluate offense severity qualifies as an important legal issue. Marshall v. Lansing, 839 F.2d 933 , 941 n. 9 (3d Cir.1988).

Vandyke Johnson v. Rose Duncan

Court of Appeals for the Third Circuit · Oct 4, 2017

Nevertheless, dismissal was proper on the basis of qualified immunity. … The doctrine of qualified immunity protects a government official from a claim for damages when his conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Orrin T. Skretvedt v. E.I. Dupont De Nemours And Company

268 F.3d 167 · Court of Appeals for the Third Circuit · Dec 13, 2000

In the spring of 1995, he established his own furniture repair and refinishing business. The business earned a modest profit in 1995, but lost money in 1996, and Skretvedt was forced to seek other employment. … Schiff, Binhammer, and Buczek also establish that Skretvedt's condition existed before his termination from DuPont in February 1995.

Estate of Kensinger v. URL Pharma, Inc.

674 F.3d 131 · Court of Appeals for the Third Circuit · Mar 20, 2012

To qualify as a QDRO, an order must satisfy certain statutory requirements, such as clearly specifying an alternate payee, the amount of benefits to be paid to the alternate payee, the period to which … First, it stated that ERISA’s well-established policy favoring uniform and efficient plan administration would be undermined if employers had to consider benefits claims from sources extrinsic to the plan documents, and it

Federation of Westinghouse Independent Salaried Unions v. Westinghouse Electric Corp.

736 F.2d 896 · Court of Appeals for the Third Circuit · Jun 12, 1984

The reference to strike authorization was made because the no strike covenant in Section XV is qualified by this provision: The Federation may authorize an Affiliate to strike a bargaining unit in which a grievance arises … Thus unless we can hold, as a matter of law, that the underlying dispute clearly lies outside the scope of the arbitration clause, a remand for resolution of that fact issue is required. V.

George M. Day, Administrator Ad Litem of the Estate of Charles A. De Priest v. Pennsylvania Railroad Company

258 F.2d 62 · Court of Appeals for the Third Circuit · Nov 10, 1958

have to be established in the present action in the district court.” … Because of this they, perhaps better than lawyers, are qualified to interpret and apply them. Whether so or not, their judgment should carry weight when the judicial stage of controversy is reached.

United States of America, Appellant/cross No. 88-3268 v. Alan Frank, A/K/A A. Roy, Appellee/cross No. 88-3220

864 F.2d 992 · Court of Appeals for the Third Circuit · Jan 4, 1989

Given this evidence, we cannot hold that the district court’s conclusion that the search was an inventory search is clearly erroneous. … Wade, 410 U.S. 113 , 93 S.Ct. 705 , 35 L.Ed.2d 147 (1973) (recognizing a woman’s qualified right to terminate her pregnancy included in a substantive due process right to privacy); Vitek v.

17 Fair empl.prac.cas. 168, 16 Empl. Prac. Dec. P 8177 United States of America, in No. 77-1711 v. City of Philadelphia, a Municipal Corp., Joseph F. O'neill, Comm., Philadelphia Police Department, Foster B. Rose, Director of Personnel, City of Philadelphia, George Bucher, Leonard L. Ettinger, and Harrison J. Trapp, Comm., City of Philadelphia Civil Service Comm., in No. 77-2141, Fraternal Order of Police, Intervening Appeal of City of Philadelphia, in Nos. 77-1707/77-1709. Appeal of Fraternal Order of Police, in No. 77-1710 and No. 77-2140

573 F.2d 802 · Court of Appeals for the Third Circuit · Feb 27, 1978

The defendants were instructed to fill approximately 470 police officer vacancies with both qualified males and qualified females. … established that it was the policy of the police department to reject applications of females for employment as police officers.

O. Hommel Company v. Ferro Corporation

659 F.2d 340 · Court of Appeals for the Third Circuit · Sep 23, 1981

The court in its charge rejected the contention that sales above average direct manufacturing costs must in all circumstances as a matter of law be immune from Robinson-Patman liability in a primary line competition case. … Clearly there was evidence from which the jury could conclude the three plants chosen for discriminatory pricing, Briggs in Knoxville, General Electric in Louisville, and General Housewares in Terre Haute, were selected in

New Jersey Air National Guard v. Federal Labor Relations Authority

677 F.2d 276 · Court of Appeals for the Third Circuit · Apr 12, 1982

This provision is qualified, however: it does not preclude the negotiation of “procedures which management officials of the agency will observe in exercising any authority under this section.” Id. § 7106(b)(2). … The Technician Act establishes Guard technicians as employees of the Department of the Army or the Department of the Air Force — both executive agencies. 32 U.S.C. § 709 (d). .

Howard Yerger v. Massachusetts Turnpike Authori

395 F. App'x 878 · Court of Appeals for the Third Circuit · Sep 30, 2010

XIV, § 1, and Privileges and Immunities Clause, U.S. CONST. ART. IV, § 2. … Privileges and Immunities Appellants’ claim under the Privileges and Immunities Clause is easily rejected.

Mcmahon v. Mcdowell

794 F.2d 100 · Court of Appeals for the Third Circuit · Jun 24, 1986

Both pension plans were approved by the Internal Revenue Service ("IRS") as qualified under under 26 U.S.C. … On the contrary, it clearly indicates that once such a waiver is obtained, the employers' obligation to pay is deferred.