Case law

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.

ESTATE OF

44 F.3d 464 · Court of Appeals for the Third Circuit · Jan 30, 1995

His estate included the assets of two trusts, one a revocable trust established by Albert during his lifetime (the "Albert A. … Woll Qualified Terminable Interest Property Trust" ("SWT") which would provide income to Sarah during her lifetime.

United States v. Richard Cianscewski

894 F.2d 74 · Court of Appeals for the Third Circuit · Jan 18, 1990

To the extent that “portion” means “portion,” as opposed to “amount,” a theft of a given sum of money would qualify its perpetrator for potentially harsher treatment under the criminal livelihood guideline if and only if … Her acquittal establishes only that the jury accepted her entrapment defense.

32 Fed. R. Evid. Serv. 513, prod.liab.rep.(cch)p 12,760 Danny Quinton, Doing Business as Quinton's Dairy Louis Chaffin and Carrol Hayes, Doing Business as Hayes and Chaffin Dairy and Bill Loftin v. Farmland Industries, Inc., Defendant-Third-Party-Plaintiff-Appellant v. Western Arkansas Export Elevator and Guthrie Cotton Oil Company, Third-Party-Defendants-Appellees

928 F.2d 335 · Court of Appeals for the Third Circuit · Mar 12, 1991

This assumption about the insufficiency of general medical study, which reflects the implausible view that such training qualifies a doctor to diagnose and treat a wide range of physical disorders in the real world but not … "[A] cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship exists.

United States v. Traitz

871 F.2d 368 · Court of Appeals for the Third Circuit · Apr 21, 1989

Sec. 6003 provides that a United States Attorney may request an immunity Order from the district court immunizing a witness if in "his [the United States Attorney's] judgment--(1) the testimony or other information from such … The district judge's charge on the issue of knowledge and willfulness, when viewed as a whole, clearly and accurately set forth the law.

Institutional Investors Group v. Avaya, Inc.

564 F.3d 242 · Court of Appeals for the Third Circuit · Apr 30, 2009

Applicability of the Safe Harbor Shareholders contend the District Court erred in applying the Safe Harbor to immunize certain statements. … Other courts, however, have qualified Higginbotham’s strong skepticism of confidential sources. The Seventh Circuit itself distinguished Higginbotham in Tellabs II.

Tokarcik v. Forest Hills School District

665 F.2d 443 · Court of Appeals for the Third Circuit · Oct 2, 1981

Lynch, who testified that school nurses were qualified to perform catheterization, the court concluded that the provision of CIC would require only a few minutes a day and at most a minimal expenditure of funds. … These regulations construe related services to include "school health services," 34 C.F.R. 300.13(a), which are further defined as "services provided by a qualified school nurse or other qualified person." 34 C.F.R. 300.13

Pennsylvania Alliance For Jobs And Energy v. Council Of The Borough Of Munhall

743 F.2d 182 · Court of Appeals for the Third Circuit · Oct 16, 1984

The district court found that each of the towns established a significant incidence of burglary and home invasion. … Kraemer, 334 U.S. 1 , 68 S.Ct. 836 , 92 L.Ed. 1161 (1948) 8 I shall not speculate on whether this discrimination violates the commerce clause or the privileges and immunities clause of Article IV 9 The ordinances also favor

Coar v. Kazimir

990 F.2d 1413 · Court of Appeals for the Third Circuit · Apr 15, 1993

DISCUSSION In enacting ERISA, Congress established a comprehensive remedial scheme for the protection of: the interests of participants in employee benefit plans and their beneficiaries ... by establishing standards of conduct … In addition, Guidry recognized that “qualified domestic relations orders” now are authorized by an express statutory anti-alienation exception.

Cigar Association of America v. City of Philadelphia

Court of Appeals for the Third Circuit · Nov 24, 2021

Stat. §§ 8541–64, does not permit a damages action, not that Philadelphia has Eleventh Amendment immunity from suit. … Regardless, both sides agree that Philadelphia is immune from having to pay damages if success is established on this claim.

Public Interest Research Group of New Jersey, Inc. v. Powell Duffryn Terminals Inc.

913 F.2d 64 · Court of Appeals for the Third Circuit · Aug 20, 1990

PDT argues that the district court’s factual finding of seriousness was clearly erroneous. … The district court found that PDT had failed to provide any evidence that it qualified for the “upset” defense. PIRG I, 627 F.Supp. at 1087 . .

Leavens v. Commissioner

467 F.2d 809 · Court of Appeals for the Third Circuit · Sep 22, 1972

All of the taxpayers in this case are either officers of the Wilkata Folding Box Company or their wives. 1 On July 24, 1950, Wilkata established a.profit-sharing trust for its employees. … Such an assessment would have found that these waiver agreements clearly prevented the signatories from receiving distribution.

Capital Blue Cross and Subsidiaries v. Commissioner of Internal Revenue

431 F.3d 117 · Court of Appeals for the Third Circuit · Dec 5, 2005

and hence clearly erroneous. … Given the dispute in the record between well-qualified experts, and the Tax Court’s greater familiarity with the issue, we cannot conclude that the Tax Court’s finding here was clearly erroneous.

Urena-Tavares v. Atty Gen USA

Court of Appeals for the Third Circuit · May 7, 2004

And unlike the provision the virtually no documentation Ninth Circuit exem pted from the at all in this case to establish jurisdiction-stripping effect of section … own name, so his wife’s not Section 1252(a)(2)(B)(ii) clearly precludes on that deed.

Carl E. Weller and Emily I. Weller v. Commissioner of Internal Revenue, W. Stuart Emmons v. Commissioner of Internal Revenue

270 F.2d 294 · Court of Appeals for the Third Circuit · Sep 9, 1959

They assert that the payments clearly constituted interest within the meaning of Section 23 (b) and were therefore deductible under that section. … Regardless of Section 24(a)(6), the taxpayers’ payments must still qualify as interest under Section 23(b) to be deductible.

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.

Cole v. Chevron Chemical Company-Oronite Division

477 F.2d 361 · Court of Appeals for the Third Circuit · Jun 19, 1973

compensation responsibilities, the provision operates to limit his employees to the maximum benefits payable under the Workmen's Compensation Statute, since the principal, as their 'statutory employer,' is, like the contractor, immunized … Louisiana law is clearly to the effect that the failure of the parties to refer expressly to "negligence" in an indemnity contract is evidence of the parties intention not to provide indemnification for the indemnitee's negligent

Corn Products Company v. Department of Health, Education and Welfare, Food and Drug Administration, Derby Foods, Inc. v. Food & Drug Administration, U. S. Department of H.E.W.

427 F.2d 511 · Court of Appeals for the Third Circuit · Jun 22, 1970

Derby as the second leading producer had 14 per cent of the market from its product, Peter Pan. 6 Their product formulations fail to qualify under the standard since each uses in excess of ten per cent of optional ingredients … Corn Products admits that addition and removal of peanut oil is an established practice.

Hanover Insurance Co v. Urban Outfitters Inc

806 F.3d 761 · Court of Appeals for the Third Circuit · Oct 23, 2015

“It is well established that an insurer’s duties under an insurance policy are triggered by the language of the complaint against the insured.” Kvaerner, 908 A.2d at 896. … But variations, occurring within a common, clearly identifiable advertising objective, do not give rise to “fresh wrongs.”

Haberern v. Kaupp Vascular Surgeons Ltd. Defined Benefit Pension Plan

24 F.3d 1491 · Court of Appeals for the Third Circuit · Jun 20, 1994

At that time it maintained an ERISA-qualified pension plan for its eligible employees. One of the requirements to qualify for the plan was the completion of one year of service. … Thus, Haberern effectively is relying on parol evidence to contradict clearly defined terms of a plan revealed to her in writing.