Case law

Connors v. Chrysler Financial Corp.

160 F.3d 971 · Court of Appeals for the Third Circuit · Nov 17, 1998

Under McDonnell Douglas, Connors must first establish a prima facie case using indirect evidence by showing that he (1) was a member of a protected class, i.e., that he was over 40, (2) was qualified for the position at * … The retirement was “involuntary” only in that the difference between the two companies’ retirement and benefits packages made retirement the clearly preferable option based on the financial repercussions of the decision.

Fraternal Order of Eagles, No. 778 v. United States

57 F.2d 93 · Court of Appeals for the Third Circuit · Mar 1, 1932

If the procedure of the agents in this case may be practiced by government officials, then no home in the land is safe, and the Fourth Amendment fails to accomplish its primary object in establishing the "right of the people … Clearly not. Before search warrants were issued, not one, but two, persons made affidavits to the effect that they had been in the Eagle Clubs and had bought unlawful intoxicating liquors therein.

No. 72-1837

485 F.2d 387 · Court of Appeals for the Third Circuit · Sep 20, 1973

Finally, the program began to seek apprentices from outside the established job referral group. … Szuchon's request for the tribunal was clearly and obviously intended to obtain redress for Szuchon's removal from the Union's referral list.

Transportation, Technical, Warehouse, Industrial & Service Employees Union v. Government Of The Virgin Islands

794 F.2d 915 · Court of Appeals for the Third Circuit · Aug 13, 1986

In any event, "[t]o establish salaries is not to appropriate funds for them." Town of Arlington v. Board of Conciliation & Arbitration, 370 Mass. 769, 776 , 352 N.E.2d 914, 920 (1976). … PERB shall assist the parties in voluntarily resolving the disputes; (3) upon request of either party, or upon its own motion, the PERB shall submit the unresolved issues to a mediator selected by the PERB from a list of qualified

Elwood Small v. John Wetzel

528 F. App'x 202 · Court of Appeals for the Third Circuit · Jun 11, 2013

The Magistrate Judge‘s Report and Recommendation also indicated that the defendants are protected from suit by qualified immunity. … Furthermore, ―[w]e review the district court‘s grant of qualified immunity de novo as it raises a purely legal issue.‖ Burns v.

In Re Bh & P Inc., a New Jersey Corporation Philip Alan Herman, Bruce Berkow, Debtors. Appeal of Carmen J. Maggio, Individually and as Trustee for Bh & P Inc., Debtor and Ravin, Greenberg & Marks, P.A., (Formerly Ravin, Greenberg & Zackin, p.a.)

949 F.2d 1300 · Court of Appeals for the Third Circuit · Dec 5, 1991

Thus, in reviewing the district court's review of the bankruptcy court's factual findings, we, like the district court, employ the "clearly erroneous" standard.... … Thus, I think the bankruptcy court's finding that an actual conflict existed in this case is clearly erroneous. See Resyn Corp. v.

Bridge v. United States Parole Commission

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

Bridge filed a renewed petition for a writ of habeas corpus, arguing that the district court’s prior order conclusively established that the Commission must utilize a Category Five offense severity level. … 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).

United States Ex Rel. Kosenske v. Carlisle HMA, Inc.

554 F.3d 88 · Court of Appeals for the Third Circuit · Jan 21, 2009

Once the plaintiff or the government has established proof of each element of a violation under the Act, the burden shifts to the defendant to establish that the conduct was protected by an exception. … We cannot, however, agree with the District Court that the arrangement between BMAA and HMA at the Pain Clinic qualifies for the personal service exception.

Pennsylvania Medical Society v. Marconis

942 F.2d 842 · Court of Appeals for the Third Circuit · Aug 26, 1991

Part B establishes an insurance program to pay for physicians’ services. Id. at §§ 1395j-1395w. … Simply put, without the balance billing option, more physicians might refuse to treat Medicare patients, thus reducing their access to qualified medical care.

Roe v. Operation Rescue

919 F.2d 857 · Court of Appeals for the Third Circuit · Nov 26, 1990

. § 1985 (3) by establishing — (a) sufficient class-based animus, (b) violation of their constitutional rights to abortion and/or travel, and (c) sufficient government involvement to establish an infringement of the abortion … To begin with, McMonagle’s right to free speech does not immunize him from liability for engaging in proscribed conduct.

Syed Hassan v. City of New York

804 F.3d 277 · Court of Appeals for the Third Circuit · Oct 13, 2015

Fisher, 215 F.3d 354, 361 (3d Cir.2000) (“but for” causation sufficient to establish traceability to establish standing). C. … (listing “religion” as an example of “a deep psychological commitment” that would qualify for heightened scrutiny).

United States v. Vincent Ezeiruaku

936 F.2d 136 · Court of Appeals for the Third Circuit · Jul 22, 1991

. § 5317 (b) codifies this established search authoritv. … Given this clear and uncontroverted testimony, we hold that the district court’s finding that race was a determinative factor was clearly erroneous. VI.

G W v. Ringwood Board of Education

28 F.4th 465 · Court of Appeals for the Third Circuit · Mar 16, 2022

Clearly, these terms fall within the scope of a decision made on substantive grounds, as required by subsection (f). 20 U.S.C. § 1415(f)(3)(E)(1). … See id. § 1415(i)(3)(B). 2 This case does not qualify for first two causes of action because it seeks to set aside a settlement agreement, not to enforce one.

Thomas R. Whittaker v. County of Lawrence

437 F. App'x 105 · Court of Appeals for the Third Circuit · Jul 15, 2011

Much as the Federal Constitution‟s definition of public use does not depend on state law, we do not refer to state law in establishing whether the government has a legitimate interest in taking the property. … The Property Owners also find error in the District Court‟s treatment of their conspiracy claims, its discussion of qualified immunity, and its dismissal of their state law claims.

Secretary United States Department of Labor v. East Penn Manufacturing Inc

123 F.4th 643 · Court of Appeals for the Third Circuit · Dec 19, 2024

But Anderson’s reach is limited because it addressed activ- ity that was not clearly work. … Though only a small number of employees testified, East Penn correctly concedes that “there is no bright- line test establishing the percentage of employees necessary to achieve a representative sample.”

In Re: Sgl Carbon Corporation, Debtor Official Committee of Unsecured Creditors, at No. 99-5319 v. Nucor Corporation Nucor-Yamato Steel Company, at No. 99-5382

200 F.3d 154 · Court of Appeals for the Third Circuit · Dec 29, 1999

But we have noted the provision that "cause" "includ[es]" the ten enumerated factors strongly suggests those factors are not exhaustive and that a court may consider whether other facts and circumstances qualify as "cause … evidence establishes the good faith of SGL Carbon's petition, that is, whether the totality of facts and circumstances support a finding of good faith.

Commonwealth of Pennsylvania Department of Environmental Resources v. Tri-State Clinical Laboratories, Inc., Joseph Nigro, Trustee

178 F.3d 685 · Court of Appeals for the Third Circuit · Jun 2, 1999

See Davenport, 495 U.S. at 559 , 110 S.Ct. 2126 (“The Court in Kelly analyzed the purposes of restitution in construing the qualifying clauses of § 523(a)(7), which explicitly tie the application of that provision to the … The sentencing judge clearly knew that Tri-State’s ability to pay any fine was suspect at best. Yet, the sanction here was on the corporate entity, not upon the responsible individuals.

Commonwealth Utilities Corporation v. Goltens Trading & Engineering Pte Ltd., a Foreign Corporation, and In-Place MacHining Company, Inc., a Foreign Corporation, Defendant-Third-Party-Plaintiff-Appellant v. Man B & W Diesel Ag, Third-Party-Defendant-Appellee

313 F.3d 541 · Court of Appeals for the Third Circuit · Dec 16, 2002

Evidence of unacceptable crankshaft bend, however, is not clearly indicated by the record. … Finally, expert testimony established that an on-site service engineer such as Molch would not be qualified to make the determination that heat treatment was required in the refurbishment of a specific crankpin.

Mortellite v. Novartis Crop Protection, Inc.

460 F.3d 483 · Court of Appeals for the Third Circuit · Aug 21, 2006

Such an event “merely motivates an optional decision” to change a label and therefore “does not qualify as a requirement” to change a label. Id. … The failure-to-warn claim Unlike the previous claims, Plaintiffs’ failure-to-warn claim clearly fulfills the first requirement of the Bates test by creating a labeling requirement for a product. Id. at 444.

United States v. James R. Tonelli

577 F.2d 194 · Court of Appeals for the Third Circuit · Apr 28, 1978

Since the district court found only two of the three allegations had been established by the prosecution, we review only those items. … If the government wished to establish that the defendant had transmitted a check by mail, a proper and specific question could easily have been framed.