Case law

Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.

709 F.2d 178 · Court of Appeals for the Third Circuit · May 17, 1983

Kleindienst, 599 F.2d 1203 (3d Cir.1979), cert. denied, 453 U.S. 913 , 101 S.Ct. 3147 , 69 L.Ed.2d 997 (1981) (claim of absolute official immunity). … Obviously then, section 1471(d) still qualifies that jurisdiction. We hold, however, that neither a forum selection clause ruling nor a forum non conveniens ruling is an abstention decision.

Charles Kannankeril v. Terminix International, Inc.

128 F.3d 802 · Court of Appeals for the Third Circuit · Dec 12, 1997

Benjamin Gerson, M.D., to testify as a medical expert to establish that exposure to Dursban caused Dr. Kannankeril's injury. 4 Dr. … We review the district court's findings of fact under a clearly erroneous standard. Velasquez, 64 F.3d at 848 . III. DISCUSSION 12 A.

United States v. Nolan

718 F.2d 589 · Court of Appeals for the Third Circuit · Sep 30, 1983

Thus the district court's finding was not clearly erroneous on this point. 44 Second, the district court found that, had there been an attempt, the police reasonably could have believed there to be a likelihood of success … These contentions are: (1) that the district court erroneously denied total use immunity to an allegedly exculpatory witness for appellant; (2) that the district judge erred in failing to disqualify himself; (3) that the

Rafael Guerrero-Sanchez v. Warden York County Prison

905 F.3d 208 · Court of Appeals for the Third Circuit · Sep 26, 2018

In Guerra , the Second Circuit found that § 1226(a) governs because, although an alien subject to a reinstated removal order is clearly removable, the "purpose of withholding-only proceedings is to determine precisely whether … See Demore , 538 U.S. at 523 , 123 S.Ct. 1708 ("It is well established that the Fifth Amendment entitles aliens to due process of law in deportation proceedings." (quoting Reno v.

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.

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.

Gary C. Goodman v. Pennsylvania Turnpike Commission

293 F.3d 655 · Court of Appeals for the Third Circuit · Jun 24, 2002

Evidence that the Commission engages in political favoritism, even after Rutan and Policy Letter 65, is clearly relevant. While this information might surely prejudice the Commission, the prejudice is not unfair. … that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly

EI DuPont De Nemours and Co. v. United States

508 F.3d 126 · Court of Appeals for the Third Circuit · Nov 20, 2007

Section 120 CERCLA § 120(a)(1) contains a waiver of the United States’ sovereign immunity. 42 U.S.C. § 9620 (a)(1). … Co., 416 *132 F.3d 214, 219-20 (3d Cir.2005). 4 On review, we construe all facts and inferences in the light most favorable to the non-moving party, and “judgment will not be granted unless the movant clearly establishes

Kirk Brisbin, D/B/A Specialty Manufacturing v. Superior Valve Company Sherwood Harsco Corporation Taylor-Wharton Gas Equipment Division Harsco Corporation, Sherwood Taylor-Wharton Gas Equipment Division, Kirk Brisbin, D/B/A Specialty Manufacturing v. Superior Valve Company Sherwood Harsco Corporation Taylor-Wharton Gas Equipment Division

398 F.3d 279 · Court of Appeals for the Third Circuit · Feb 14, 2005

At that point management clearly was not supporting the programs. I was having trouble having correspondence returned.... … Again, this is an issue the Magistrate Judge is best qualified to resolve on remand. 60 4.

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.

Goodpasture, Inc., Cross-Appellant v. M/v Pollux, Etc., Cross-Appellee, and Negocios Del Mar, S.A., Etc., Defendant-Third Party Cross-Appellee v. Empac Grain Co., Etc., and a Shipment of Wheat of 19,067.949 Metric Tons, Etc., Third-Party Defendant

688 F.2d 1003 · Court of Appeals for the Third Circuit · Oct 12, 1982

Code Ann. § 1.205 (b) (Vernon), should be read as giving "particular meaning to and supplement(ing) or qualify(ing) terms of an agreement." … Our earlier opinion does not fall within the clearly erroneous exception.

Toll Bros Inc v. Readington

Court of Appeals for the Third Circuit · Feb 4, 2009

After all, the developer “would still have to secure financing, qualify for federal subsidies, and carry through with construction.” Id. … The developer still would have needed “to secure financing, qualify for federal subsidies, and carry through with construction.” Id. at 261.

Yoselin Martinez Cazun v. Attorney General United State

856 F.3d 249 · Court of Appeals for the Third Circuit · May 2, 2017

Lewis that “under the plain meaning of [the asylum provision], Congress clearly and unambiguously intended that the Attorney General establish a uniform asylum procedure that is to be applied irrespective of an alien’s status … In a similar way, the reinstatement bar applies to a large but specific group of people (aliens with reinstated removal orders) and deprives them of relief for which they would otherwise qualify—in this case, asylum.

Johnson v. Commissioner of Social Security

529 F.3d 198 · Court of Appeals for the Third Circuit · Apr 22, 2008

Therefore, the relevant period for purposes of establishing whether she qualifies for DIB is the time between December 7, 1989, her alleged disability onset date, and March 31, 1991, the date she was last insured. … Johnson had to establish that she was disabled before April 1, 1991. See Bacon v.

Gray v. York Newspapers, Inc.

957 F.2d 1070 · Court of Appeals for the Third Circuit · Feb 19, 1992

was qualified for the position; (3) was dismissed despite being qualified; and (4)ultimately was replaced by a person sufficiently younger to permit an inference of age discrimination. … In that case, the employee was clearly demoted in an employment decision which the jury found was based on her age.

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

Dietrich v. Albertsons Inc.

57 F.3d 1080 · Court of Appeals for the Third Circuit · Jun 14, 1995

Clearly, under federal law such a contractual arrangement is permitted. … provisions contained in both the agency agreement and the lease agreement 11 For example, the agent agreed to maintain equipment in compliance with "appropriate regulatory authorities"; the agent agreed to provide only drivers qualified

John A. Soubik, of the Estate of Cecilia Soubik v. Director, Office of Workers' Compensation Programs, United States Department of Labor

366 F.3d 226 · Court of Appeals for the Third Circuit · Apr 30, 2004

Soubik had to establish that Mr. … He found that the lay opinions did not clearly establish that Mr. Soubik’s ongoing deterioration was due to pneumoco-niosis or a pulmonary condition.

Vlastos v. Sumitomo Marine & Fire Insurance

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

Having established that Vlastos did warrant that at the time she entered into the contract “the 3rd floor [was] occupied as Janitor’s residence,” it must be determined what the language of the warranty should be construed … 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.

Spruill v. Gillis

Court of Appeals for the Third Circuit · Jun 18, 2004

The District Court qualified immunity defense, which it is had jurisdiction over this action pursuant not. … See DC-ADM 804, officials clearly knew Brown was alleged Part VI.A.1.e (“Grievances must be to be implicated.