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  • Evelyn Vlastos Trading as Doggon Sam, 9th and Penn Grill and Greco Lounge v. Sumitomo Marine & Fire Insurance Co. (Europe) Ltd., New India Assurance Co. Ltd., South British Insurance Co., Ltd., Gothaer Versicherunggsbank Vvag, English and American Insurance Co., Ltd., Pine Top Insurance Co., Ltd., Compagnie D'AssurAnces Maritimes, Aeriennes & Terrestres S.A., Bellefonte Insurance Co., U.K. Branch, Turegum Insurance Co., Yasuda Fire and Marine Insurance Co. (Uk) Ltd., Orion Insurance Co., Ltd. Sumitomo Marine & Fire Insurance Co. (Europe) Ltd., New India Assurance Co. Ltd., South British Insurance Co., Ltd., Gothaer Versicherunggsbank Vvag, English and American Insurance Co., Ltd., Pine Top Insurance Co., Ltd., Compagnie D'AssurAnces Maritimes, Aeriennes & Terrestres S.A., Bellefonte Insurance Co., U.K. Branch, Turegum Insurance Co., Yasuda Fire and Marine Insurance Co. (Uk) Ltd., Orion Insurance Co., Ltd. v. Evelyn Vlastos, Trading as Doggon Sam, 9th and Penn Grill and El Greco Lounge. Appeal of Evelyn Vlastos, T/a Doggon Sam, 9th and Penn Grill and El Greco Lounge

    707 F.2d 775 · Court of Appeals for the Third Circuit · May 20, 1983

    a categorical "no" surely would be misleading at best, and even a qualified "no" ("no, he occupies only part of it" or "no, a massage parlor occupies it as well") is strained. … Aetna Casualty & Surety Co., 632 F.2d 1068, 1075 (3d Cir.1980) 5 See Buntin, supra, 583 F.2d at 1206 (language found ambiguous, in part because "different and more explicit language could have easily been used to express clearly

    Cited 17 timesPublished
  • Qing Qin v. Vertex Inc

    100 F.4th 458 · Court of Appeals for the Third Circuit · May 2, 2024

    Under this framework, the plaintiff must “establish a prima facie case of discrimination by showing that: (1) [he] is a member of a protected class; (2) [he] was qualified for the position [he] sought to attain or retain; … These differences are immaterial for the purpose of establishing a prima facie case.

    Cited 94 timesPublished
  • United States v. Barry Sussman

    709 F.3d 155 · Court of Appeals for the Third Circuit · Mar 6, 2013

    In fact, however, the so-called ―voluntary agreement‖ clearly was carrying out the terms of the final judgment. … The defendant bears the burden of ―establish[ing] that the error prejudiced the jury‘s verdict.‖ Ozcelik, 527 F.3d at 96 (citation omitted).

    Cited 37 timesPublished
  • 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.

    Cited 1 timesPublished
  • 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).

    Cited 0 timesPublished
  • Tabas v. Tabas

    47 F.3d 1280 · Court of Appeals for the Third Circuit · May 2, 1995

    "The former enjoy neither an inherent incapacity for criminal activity nor immunity from its consequences." Id. (citation omitted). … Inc. makes clear that the continuity requirement can be met by establishing long-term criminal conduct but does not define what length of time qualifies as "substantial" for this purpose. The Court in H.J.

    Cited 116 timesPublished
  • Meral Smith v. Melvin H. Evans

    853 F.2d 155 · Court of Appeals for the Third Circuit · Nov 4, 1988

    In their answer, the defendants interposed a number of affirmative defenses, including statute of limitations, good faith immunity, and failure to follow the procedure required by the Virgin Islands Tort Claims Act, 33 V.I.C … Cir.1988), which held that the government’s obligation to provide meaningful access to *157 the courts can be met, inter alia, by expanding the duties of local public defenders to include researching prisoners’ claims, established

    Overruled on other grounds by Lizardo v. United States, 619 F.3d 273 (2010)Cited 212 timesPublished
  • Charles Mack v. John Yost

    427 F. App'x 70 · Court of Appeals for the Third Circuit · May 6, 2011

    Mack expressly asserted that defendants violated his First Amendment right to practice as a Muslim, and his allegations clearly invite inquiry into that issue. … free exercise claim on the basis of intentional targeting of religious exercise need not show a “substantial burden” because “[a]pplying such a burden test . . . would make petty harassment of religious . . . exercise immune

    Cited 30 timesUnpublished
  • 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).

    Cited 14 timesPublished
  • Commonwealth of Pennsylvania, Department of Public Welfare v. United States Department of Health and Human Services

    928 F.2d 1378 · Court of Appeals for the Third Circuit · May 24, 1991

    However, when that construction finds no support in the words of the statute, and the legislative history rather clearly suggests otherwise, the fact that the administrative interpretation was adopted soon after the statute … Nor was the exception applied to Pennsylvania for the two quarters in 1985 because the Board and the court accepted HHS’ conclusion that the reasons for the violations in those quarters did not qualify as “technical” ones

    Cited 32 timesPublished
  • Commonwealth v. Porter

    659 F.2d 306 · Court of Appeals for the Third Circuit · Jul 30, 1981

    While the Court found that parens patriae could not properly be invoked in that case, the propriety and utility of parens patriae suits were clearly recognized. … I am satisfied that the findings of the district court with respect to Baranyai, Mayor McCarthy and Police Chief Porter were not clearly erroneous, see Krasnov v.

    Cited 9 timesPublished
  • Laffey v. Plousis

    364 F. App'x 791 · Court of Appeals for the Third Circuit · Feb 12, 2010

    Laffey now contends that this was error, arguing that the complaint “clearly avers that MVM took actions at the direction and instigation of [Marshals Service employees].” … By contrast, Laffey alleged no facts which would establish a causal link between his suspension or demotion and the actions of any individual Marshals Service employee.

    Cited 0 timesPublished
  • Glen Perry v. Secretary Army

    332 F. App'x 728 · Court of Appeals for the Third Circuit · Jun 5, 2009

    To the extent that Perry claims retaliation by Graham-Morris based on the anonymous survey, he cannot establish a prima facie case because the survey does not qualify as protected activity.2 Title VII’s retaliation provision … “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees experience. . . .

    Cited 16 timesUnpublished
  • National Labor Relations Board v. Permanent Label Corporation

    657 F.2d 512 · Court of Appeals for the Third Circuit · Jun 30, 1981

    This committee submits a recommendation to the director of OPM who makes final eligibility determinations among qualified candidates. … Economou, 438 U.S. 478 , 98 S.Ct. 28947 , 57 L.Ed.2d 895 (1978), that ALJs are “functionally comparable” to judges employed in the judicial branch and conferred on them absolute immunity for judicial acts.

    Cited 19 timesPublished
  • Chenthilkumaran Senathirajah v. Immigration & Naturalization Service

    157 F.3d 210 · Court of Appeals for the Third Circuit · Oct 9, 1998

    To qualify as a refugee, an applicant must establish “by objective evidence that it is more likely than not that he or she will be subject to persecution upon deportation.” INS v. … It is clearly a burden for one who is homeless to have to return home.

    Cited 278 timesPublished
  • John Savadjian v. Marlene Caride

    Court of Appeals for the Third Circuit · Sep 23, 2020

    The doctrine of quasi-judicial immunity may immunize executive officials performing judge-like functions The doctrine of quasi-judicial immunity provides that those “who perform functions closely associated … Specifically, Savadjian argues that Commissioner Caride “ignored established precedent placing limits on her authority,” and that, “under established law, [she was] not empowered to disregard the credibility and evidentiary

    Cited 0 timesUnpublished
  • Thomas Williams v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

    970 F.2d 1178 · Court of Appeals for the Third Circuit · Aug 13, 1992

    If the claimant cannot do his past work or other work, he qualifies for benefits. 15 Sullivan v. … Under the regulations, therefore, a valid verbal scale IQ test administered by a qualified professional using the WAIS may be sufficient to establish mental retardation. 42 The Appeals Council also rejected Williams' claim

    Cited 970 timesPublished
  • 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

    Cited 15 timesPublished
  • Health Maintenance Organization of New Jersey, Inc. v. Whitman

    72 F.3d 1123 · Court of Appeals for the Third Circuit · Dec 26, 1995

    Section 8909(f)(1) clearly states that "[n]o tax, fee, or other monetary payment may be imposed ..." … This result is clearly inconsistent with one of the statute's principal goals, and must be rejected.

    Cited 34 timesPublished
  • Laffey v. Plousis

    364 F. App'x 791 · Court of Appeals for the Third Circuit · Feb 12, 2010

    Laffey now contends that this was error, arguing that the complaint “clearly avers that MVM took actions at the direction and instigation of [Marshals Service employees].” … By contrast, Laffey alleged no facts which would establish a causal link between his suspension or demotion and the actions of any individual Marshals Service employee.

    Cited 0 timesPublished

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