Case law

United States v. DeMURO

677 F.3d 550 · Court of Appeals for the Third Circuit · Apr 23, 2012

It is not uncommon for witnesses who testify about tax consequences to be qualified as experts. See United States v. … When offering such evidence, the Government “‘must clearly articulate how th[e] evidence fits into a chain of logical inferences, no link of which can be that because the defendant committed . . .

Pennsylvania R. v. Jones

123 F. 753 · Court of Appeals for the Third Circuit · Jul 7, 1903

Clearly defendant below cannot complain that the trial judge should have left to the jury, with proper limitations ,0as to assumption of risk by decedent, the general question, whether defendant had or had not performed the … according to the facts and circumstances of particular cases, may enter into the determination of liability of the employer, but whether such a reasonably safe place as the law requires has been provided, apart from the qualifying

Stanton v. Astra Pharmaceutical Products

718 F.2d 553 · Court of Appeals for the Third Circuit · Sep 26, 1983

Despite the grant of summary judgment in favor of plaintiffs as to the applicability of section 130.35(f), the district court clearly submitted the question of expectedness to the jury, Transcript, vol. 30, at 114-15, and … Philadelphia Eagles Football Club, 595 F.2d 1265, 1273 (3d Cir.1979) (in banc). 78 The jury heard the testimony of four well qualified expert witnesses.

Wayne Baker v. Donald Flagg

439 F. App'x 82 · Court of Appeals for the Third Circuit · Jul 25, 2011

Transp., 483 U.S. 468, 480 (1987) (plurality)). 2 The Delaware Department of Corrections is “clearly a state agency. … Del. 2010) (“The State of Delaware has not waived its sovereign immunity under the Eleventh Amendment.

Smith v. Hartford Insurance Group

6 F.3d 131 · Court of Appeals for the Third Circuit · Oct 4, 1993

But we believe it is not clear that a change in coverage to a self-insured plan constitutes coverage by “another organization” and find it even less likely that such a change could qualify as coverage by “another insurer. … As we explained in Heasley, contra proferentum recognizes insurance policies " 'are almost always drafted by specialists employed by the insurer, [who] should be expected to set forth any limitations on its liability clearly

Johnathan Robins v. Michael F.X. Coll

Court of Appeals for the Third Circuit · Apr 9, 2013

It is well established in this Circuit that the right to proceed pro se in federal court does not give non-lawyer parents the right to represent their children in proceedings before a federal court. … Moreover, we agree that Judge Coll and Master Judge are protected by absolute judicial immunity.

Srein v. Frankford Trust Co

Court of Appeals for the Third Circuit · Mar 13, 2003

Srein Corporation engaged Eagle Retirement and Investment Planning as Trustee of an ERISA qualified Money Purchase Pension Plan. … In each of those cases the plaintiff attempted to state a claim against the trustee bank for actions taken (or not taken) clearly at the direction of another.

Anthony Velazquez v. Superintendent Fayette SCI

937 F.3d 151 · Court of Appeals for the Third Circuit · Sep 3, 2019

Conversely, we have also held that a petitioner who seeks habeas relief for claims that do not qualify as attacking the fact, duration, or execution of a sentence may not maintain the suit as a habeas action. … before us is whether counsel was ineffective for 4 This means we would have only been able to grant relief from the state court’s decision if it was “contrary to, or involved an unreasonable application of, clearly

Pennsylvania Power & Light Co. v. Federal Power Commission

139 F.2d 445 · Court of Appeals for the Third Circuit · Dec 7, 1943

Likewise the classification itself does not use these adjectives as qualifying “original cost”. … Every step in the proceedings and in the negotiations taken by the Commission has been for the purpose of establishing an accounting basis upon which it could perform its duties with respect to the licensee and to the public

General Motors Corporation Chevrolet Motor Division v. The New A.C. Chevrolet, Inc. Dba the New A.C. Chevrolet

263 F.3d 296 · Court of Appeals for the Third Circuit · Aug 27, 2001

The first three elements of an ADDCA claim are clearly established, and thus the dispositive issue is whether, in Count One, New AC sufficiently pleaded GM’s failure to act in good faith, as that term is understood in the … Nonetheless, a few dozen paragraphs earlier, New AC clearly makes the requisite allegation: In paragraph 92, New AC states that GM’s "refusal to permit NEW AC to establish a Volkswagen franchise ... is in violation of the

Muttaqin Abdullah v. Seba

658 F. App'x 83 · Court of Appeals for the Third Circuit · Jul 20, 2016

We need not do so today because, even taking his factual allegations into account, Abdullah has failed to establish a genuine dispute of material fact. 2 restraints,” id. at … Finally, the Court ruled that, even if Abdullah had presented a viable claim, the defendants were protected by qualified immunity. 2 We agree with the District Court’s analysis of this case.

Carmana Designs Ltd. v. North American Van Lines Inc.

943 F.2d 316 · Court of Appeals for the Third Circuit · Sep 3, 1991

The burden of establishing that these requirements have been met rests with the carrier. Acro Automation Systems v. … Here, the value of the exhibits clearly was $25,166, the amount Macy’s had agreed to pay Carma-na.

Government Employees Retiremen v. Government of the Virgin Islan

Court of Appeals for the Third Circuit · Apr 9, 2021

But its successes have been qualified in large part by the limitations of the territorial law establishing the public- pension system. And so it goes in this appeal. … And we are not free to reorganize, rewrite, or restate the parties’ clearly expressed intentions.

Fontroy v. Beard

Court of Appeals for the Third Circuit · Mar 13, 2009

Supp. 2d at 593. 9 The District Court also held that the DOC Officials were entitled to qualified immunity and that the DOC’s decision to 8 DOC’s new mail policy10 unconstitutionally … Most clearly, the record undermines the District 13 Court’s determination that “[t]he concerns articulated now by the DOC were not the reasons given for the policy change at the time,” and

Fontroy v. Beard

Court of Appeals for the Third Circuit · Mar 10, 2009

Supp. 2d at 593. 9 The District Court also held that the DOC Officials were entitled to qualified immunity and that the DOC’s decision to stop keeping a mail log for court mail was constitutional. … Most clearly, the record undermines the District Court’s determination that “[t]he concerns articulated now by the DOC were not the reasons given for the policy change at the time,” and “[t]he only rationale for the revision

Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, Inc

40 F.3d 1431 · Court of Appeals for the Third Circuit · Dec 16, 1994

In sum, secondary meaning in a product configuration ease will generally not be easy to establish. … We have further concluded that the district court was not clearly erroneous in finding that Duraco has failed to show secondary meaning.

In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex Corporation

349 F.3d 711 · Court of Appeals for the Third Circuit · Nov 14, 2003

Also, the uncontroverted evidence in this case establishes that there is little (if any) market value for used fighting fixtures. 9 *721 In short, it would have made no economic sense for Duke to spend large amounts of money … Duke asserts that the record shows that the parties structured the MESA so that it would qualify as a lease under relevant accounting standards.

Acra Turf Club v. Francesco Zanzuccki

748 F.3d 127 · Court of Appeals for the Third Circuit · Mar 31, 2014

Other than the NJSEA, ACRA and Freehold were the only two entities to qualify as permit holders during the relevant period. … an [OTW] license and establishing an [OTW] facility according to specified benchmarks developed by the commission.”

Standard Terry Mills, Inc., in 86-1160 v. Shen Manufacturing Company. Appeal of Shen Manufacturing Company, Incorporated

803 F.2d 778 · Court of Appeals for the Third Circuit · Dec 19, 1986

Paraflex Industries, 653 F.2d 822 (3d Cir.1981) (“Paraflex Industries”), in reaching its conclusion that the towel’s trade dress did not qualify for § 43(a) protection. … We cannot say the district court’s finding regarding the functionality of the check pattern was clearly erroneous. See Ciba-Geigy Corp. v.

Polychrome International Corp. v. Krigger

5 F.3d 1522 · Court of Appeals for the Third Circuit · Sep 10, 1993

IV, § 3, cl. 2, by establishing a temporary tax holiday for FSCs incorporated there. … Both schemes are clearly intended to encourage foreign commerce and rationally structured toward that end.