Case law

Horn & Brannen Mfg. Co. v. Pelzer

91 F. 665 · Court of Appeals for the Third Circuit · Dec 21, 1898

Now, whatever may have been the proofs before the circuit court of appeals for the Second circuit in that case, it is clearly established by the record here that valuable adverse interests, including the interest of this … Even the indefinite language employed in the original first claim is qualified by the closing words “substantially as set forth,” which connect the claim with the specification.

WRIGHT, Joya, Appellant, v. SULLIVAN, Louis, Secretary of Health and Human Services

900 F.2d 675 · Court of Appeals for the Third Circuit · Apr 9, 1990

But clearly, the very circumstance that there are rape counselors demonstrates the unfortunate fact that there is a need in our economy for such persons. The Secretary did not rigidly apply the earnings presumption. … However, Greene also noted that "even if part-time work would qualify as substantial gainful employment, we have no evidence that such work is available to claimant.

Grazier Ex Rel. White v. City of Philadelphia

328 F.3d 120 · Court of Appeals for the Third Circuit · May 9, 2003

Raso, 183 F.3d 279 (3d Cir.1999), we established, as a general matter, the relevance of officers’ pre-seizure conduct to determining whether use of force during the seizure is excessive. … This charge clearly favored the defendants.

McMillan v. State Mutual Life Assurance Co. of America

922 F.2d 1073 · Court of Appeals for the Third Circuit · Dec 28, 1990

Thus, in contravention of the well-established rule denying to the scrivener of a policy the benefit of the construction of terms of coverage more favorable to it than those provided clearly in the policy itself, the dissent … would impute to State Mutual the benefit of qualifying language which it chose not to adopt. .

New Castle County v. Hartford Accident And Indemnity Company

933 F.2d 1162 · Court of Appeals for the Third Circuit · May 29, 1991

The County, as a defense to this action, invoked the doctrine of sovereign immunity. However, by statute in Delaware, there is no immunity if the government's liability arose from the sudden release of pollutants. … Statutory waivers of sovereign immunity are subject to different rules of construction than those that govern exceptions to insurance exclusions: whereas waivers of immunity are construed narrowly so as to facilitate immunity

Noel v. the Boeing Co.

622 F.3d 266 · Court of Appeals for the Third Circuit · Oct 1, 2010

In doing so, we held that “the failure to answer a request for a raise qualifies as a compensation decision because the result is the same as if the request had been explicitly denied.” Id. at 186. … Solimino, 501 U.S. 104, 109 (1991) (reaffirming “the kindred rule that legislative repeals by implication will not be recognized, insofar as two statutes are capable of coexistence, absent a clearly expressed congressional

National Labor Relations Board v. Phoenix Pipe & Tube, L.P.

955 F.2d 852 · Court of Appeals for the Third Circuit · Dec 17, 1991

However, we cannot say these dissimilarities qualify as a fundamental difference between the work environments at Phoenix Steel and PP & T. … First, it claims that 24 production and maintenance workers clearly indicated that they were not interested in union representation.

Odiri Nkofi Bagot v. John Ashcroft James Ziglar Kenneth Elwood

398 F.3d 252 · Court of Appeals for the Third Circuit · Feb 11, 2005

Coveleski is clearly in some tension with Otero’s suggestion that physical custody is a necessary element of legal custody. … Illicit trafficking in a controlled substance qualifies as an aggravated felony. 8 U.S.C. § I101(a)(43)(B). .

McLean v. City of Philadelphia, Water Revenue Bureau

891 F.2d 474 · Court of Appeals for the Third Circuit · Dec 7, 1989

Although we eventually upheld the validity of the liens, the court clearly indicated that the indexing system was invalid. … The weakness in the City’s argument is that it has failed to establish a “transfer” within the meaning of section 550(d).

Bateman v. Mnemonics, Inc.

79 F.3d 1532 · Court of Appeals for the Third Circuit · May 30, 1996

On remand, the district court should clearly instruct the jury on this important legal distinction, should a factual dispute exist on this issue. See United States v. … This latter analysis will depend upon the facts in the particular case, since a use by one putative infringer may be "fair" while the use by another may not so qualify under 17 U.S.C. § 107 . See L.

Eddie Williams v. Superintendent Greene SCI

Court of Appeals for the Third Circuit · Aug 13, 2024

Because Strickland’s test is “clearly established [f]ederal law,” Rainey v. … But assuming arguendo that it did address prejudice, our review is nonetheless de novo because the standard it used was contrary to clearly established federal law. See Williams v.

Fed. Trade Comm'n v. Shire Viropharma, Inc.

917 F.3d 147 · Court of Appeals for the Third Circuit · Feb 25, 2019

Shire also contended that its petitioning activity was immune from antitrust challenge pursuant to the Noerr-Pennington doctrine. See E. R.R. Presidents Conference v. … The Court held that the fifteen-employee threshold went to the merits of the Title VII claim, explaining that Congress had not clearly delineated it as a jurisdictional requirement. Id. at 514–16.

Oliver Lawal v. Mark McDonald

Court of Appeals for the Third Circuit · Dec 19, 2013

immunity. … immunity.

Nationwide Mutual Insurance v. Chiao

186 F. App'x 181 · Court of Appeals for the Third Circuit · Jun 29, 2006

Co., 551 Pa. 558, 563 , 711 A.2d 1006, 1008 (1998) (“Generally a clear and unambiguous contract provision must be given its plain meaning unless to do so would be contrary to a clearly expressed public policy.”) … Directly or indirectly benefit any worker’s compensation or disability benefits carrier, or any person or organization qualifying a "self-insurer” under worker’s compensation, disability benefits, or similar law. 5.

United States of America Ex Rel. MacKey Raymond Choice v. Joseph R. Brierley, Superintendent and District Attorney of Philadelphia County

460 F.2d 68 · Court of Appeals for the Third Circuit · May 19, 1972

This rule is qualified by a number of exceptions stated in terms of the capacity of the evidence to prove some specific fact or issue such as intent, plan, scheme or design [citations omitted], But since the range of relevancy … I wish to show he was arrested at the Parole Board and, very clearly, if the defendant had committed this robbery, that he would not have been so fool hardy as to take with him to the Parole Board large sums of money which

United States v. Dyer

Court of Appeals for the Third Circuit · Apr 18, 2003

See Grajales-Montoya, 117 F.3d at 366 (declining to reach the issue of whether to recognize the ruse exception because a defendant clearly did not qualify for the exception). … While his attorney did not use the “magic words” downward departure, he clearly was requesting such a departure. United States v. Brannan, 74 F.3d 448, 452 (3d Cir. 1996).

Taxman v. Board of Education of the Township of Piscataway

91 F.3d 1547 · Court of Appeals for the Third Circuit · Aug 21, 1996

Acknowledging the practical difficulties in attaining the long-term goal, including the limited number of qualified women, the plan counseled that short range goals be established and annually adjusted to serve as realistic … Here, Taxman has clearly established that the Board is liable and that she was not paid during the relevant period.

Delaware River Port Authority v. Fraternal Order of Police

290 F.3d 567 · Court of Appeals for the Third Circuit · May 14, 2002

The New Jersey Superior Court agreed, finding New Jersey and Pennsylvania had "parallel or complementary legislation of a different nature... which ... clearly gives public employees a right to freely organize and designate … All Commissioners, other than the Pennsylvania Auditor General and State Treasurer, continue to hold office after the expiration of their terms and until their successors are appointed and qualified 6 The DRPA urges us to

Pacific International Marketing, Inc. v. a & B Produce, Inc.

462 F.3d 279 · Court of Appeals for the Third Circuit · Aug 30, 2006

Packed Fresh Produce, Inc., 222 F.3d 132, 138 (3d Cir. 2000) (“[D]istrict courts clearly have jurisdiction over actions by private parties seeking to enforce payment from the [PACA] trust.”). … [and] [b]ecause the litigation did not result in the establishment of a common fund” for the benefit of all unpaid PACA creditors).

Erie R. v. Irons

48 F.2d 60 · Court of Appeals for the Third Circuit · Mar 19, 1931

If a finding on both of these issues could not be sustained by. the evidence, then, clearly, a verdict should have been directed for the defendant. … Ed. 754 , which establishes that Irons’ remedy for the resulting - injury was' exclusively under the Longshoremen’s and Harbor Workers’ Compensation Act.