Case law

MCI Communications Corporation v. American Telephone & Telegraph Company and the Bell Telephone Company of Pennsylvania

496 F.2d 214 · Court of Appeals for the Third Circuit · Apr 15, 1974

Each applicant will, of course, be required to make a satisfactory showing that it is qualified and that the service it seeks to offer is technically and economically sound and would otherwise serve the public interest.” … Finally, the third reason is unpersuasive since the FCC’s initiation of proceedings on December 13 to examine whether it has ordered AT&T to provide the interconnections requested by MCI clearly raises the possibility of

Grove City College v. Bell

687 F.2d 684 · Court of Appeals for the Third Circuit · Aug 12, 1982

But, as was true in O’Bannon , a student at Grove has no right to continued federal benefits to pay for his education at an institution that has not qualified by meeting the conditions for federal assistance. … The legislative history of Title VI clearly indicates that it was intended to cover indirect assistance programs, including educational programs.

United States v. Jimenez

Court of Appeals for the Third Circuit · Jan 14, 2008

Many of Mortgage Pros' customers lacked sufficient income, assets, or employment history to qualify for a residential mortgage. … The Government established the misrepresentation element of the fraud counts by asking the jury to compare the "true" tax returns as filed, which were established by the returns or abstracts received from the IRS, with the

Angst v. Mack Trucks, Inc.

969 F.2d 1530 · Court of Appeals for the Third Circuit · Aug 17, 1992

However, we are satisfied that the buyout plan did not qualify as an ERISA plan under the test established in Fort Halifax Packing Co. v. Coyne, 482 U.S. 1 , 107 S.Ct. 2211 , 96 L.Ed.2d 1 (1987). … Clearly, in the present case, the simple disbursement of $75,000 to each employee applicant would require no ongoing administrative scheme.

Taj Mahal Travel, Inc. v. Delta Airlines Inc. Air Canada Airlines Reporting Corporation

164 F.3d 186 · Court of Appeals for the Third Circuit · Dec 30, 1998

Assoc., 49 N.J.Super. 262 , 139 A.2d 570, 582 (1958) (“When defamatory words are directed at a group or class of persons rather than an individual, the plaintiff must show that he is a member of the defamed class and must establish … Clearly, this emphasizes to the reader that some type of criminal misappropriation is involved. The text, therefore, permits an inference of defamatory meaning.

Fleisher v. Standard Insurance

679 F.3d 116 · Court of Appeals for the Third Circuit · May 17, 2012

Fleisher filed an administrative appeal of Standard’s decision, arguing that the North American Policy qualifies as an individual disability insurance policy, and therefore is not subject to deduction. … This language clearly triggers application of the deferential abuse of discretion standard of review. See Abnathya, 2 F.3d at 45 , abrogated on other grounds by Metro. Life Ins. Co. v.

District 2A, Transportation, Technical, Warehouse, Industrial & Service Employees Union v. Government of Virgin Islands

794 F.2d 915 · Court of Appeals for the Third Circuit · Jul 11, 1986

Clearly, an arbitrator’s award must be subject to legislative approval to the extent it requires the appropriation of funds. … 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).

Newark Parents Assn v. Newark Pub Sch

Court of Appeals for the Third Circuit · Nov 20, 2008

It is undisputed that those members of the proposed class who are parents all have children enrolled in schools that qualify as schools in need of improvement under the Act. … the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

National Labor Relations Board v. Local 369 International Hod Carriers' Building and Common Laborers' Union of America, AFL

240 F.2d 539 · Court of Appeals for the Third Circuit · Feb 6, 1957

In order to establish a discrimination with regard to hire, the availability of a job at the time of application for which the applicant was qualified must be proved. See National Labor Relations Board v. … The Conway-Peters episode and the Carr attempts to gain membership in the Union clearly foreclosed for Carr the opportunity to work with the Company.

National Labor Relations Board v. Economics Laboratory, Inc.

857 F.2d 931 · Court of Appeals for the Third Circuit · Sep 27, 1988

LTD payments continue after twelve months only if the claimant is unable to become qualified for any subsequent job. … The Short Term Disability program ceases "after six consecutive months of disability or upon the employee's qualifying for LTD, whichever occurs first.” .

Peter J. Brennan, Secretary of Labor, United States Department of Labor v. Corning Glass Works, a Corporation

480 F.2d 1254 · Court of Appeals for the Third Circuit · Jun 28, 1973

lifting or moving heavy objects., differences based on experience, training, or ability. . . . ” 20 As a group, these examples cannot be interpreted as “factor[s] other than sex” for the simple reason that some of them clearly … All qualified employees having greater seniority, whether male or female, could have claimed this work. 12 . The parties entered into more than 100 stipulations. 13 . E. g., Hodgson v.

United States v. Ronald Vines

134 F.4th 730 · Court of Appeals for the Third Circuit · Apr 21, 2025

The preceding adverbial phrase qualifies how the actor must do that taking: “by force or violence, or by intimidation.” … First, Wilson held that bank robbery under § 2113(a) “clearly does involve the threatened use of physical force against the person of another.” 880 F.3d at 84–85 (internal quotation marks

Walter and Nancy Jacob v. United States

493 F.2d 1294 · Court of Appeals for the Third Circuit · Mar 19, 1974

The instant case, however, clearly does not present such a situation. … Meals furnished on nonworking days do not qualify for the exclusion under section 119.

United States v. Wise

515 F.3d 207 · Court of Appeals for the Third Circuit · Feb 12, 2008

Casteneda, however, is clearly distinguishable. … Sentencing Commission are wrong in establishing different penalties for different types of controlled substances.” Id. at 1248 .

Sunbury Wire Rope Manufacturing Co. v. United States Steel Corp.

230 F.2d 511 · Court of Appeals for the Third Circuit · Feb 29, 1956

That case establishes that when a foreign corporation, obeying a requirement of state law, files an actual designation and consent empowering a statutory agent to accept for it legal process issued within the state, its action … The intent of the Pennsylvania Business CorP°ration Law seems rather clearly to be that forelgn corporations doing business within the state sha11 submit to the Jurisdiction of federal as well as state courts fn aU too» of

Care One Management LLC v. United Healthcare Workers East

Court of Appeals for the Third Circuit · Dec 27, 2021

It therefore certainly does not establish any such approval by clear proof. … Labor unions are not immune from RICO liability predicated on violations of state laws against extortion.

Robert A. Georgine Laverne Winbun, of the Estate of Joseph E. Winbun, Deceased, and in Her Own Right Ambrose Vogt, Jr. Joanne Vogt, His Wife Carlos Raver Dorothy M. Raver, His Wife Timothy Murphy Gay Murphy, His Wife Ty T. Annas Anna Marie Baumgartner, of the Estate of John A. Baumgartner, Deceased Nafssica Kekrides, Individually and as Administratrix of the Estate of Pavlos Kekrides, Deceased William H. Sylvester, and Personal Representative of the Estate of Fred A. Sylvester, Deceased v. Amchem Products, Inc. A.P. Green Industries, Inc. Armstrong World Industries, Inc. Certainteed Corporation C.E. Thurston & Sons, Inc. Dana Corporation Ferodo America, Inc. Flexitallic, Inc. Gaf Building Materials, Inc. I.U. North America, Inc. Maremont Corporation Asbestos Claims Management Corp National Services Industries, Inc. Nosroc Corporation Pfizer, Inc. Quigley Company, Inc. Shook & Fletcher Insulation Company T & N, Plc Union Carbide Corporation United States Gypsum Company v. Admiral Insurance Company Affiliated Fm Insurance Company Aiu Insurance Company Allianz Insurance Company Allianz Underwriters Insurance Company, Individually and as Successor to Allianz Underwriters, Inc. Allstate Insurance Company, as Successor to Northbrook Excess and Surplus Insurance Company American Bankers Insurance Company of Florida American Centennial Insurance Company American Home Assurance Company American Motorists Insurance Company American Re-Insurance Company Appalachian Insurance Company of Providence Argonaut Insurance Company Atlanta International Insurance Company Caisse Industrielle D'AssurAnce Mutuelle C.E. Heath Compensation and Liability Insurance Company as Successor to Employers' Surplus Line Insurance Company Centennial Insurance Company Central National Insurance Company of Omaha Chicago Insurance Company City Insurance Company Colonia Versicherung Aktiengesellschaft Columbia Casualty Company Commercial Union Insurance Company, as Successor to Columbia Casualty Company, Employers Commercial Union Insurance Company, Employers Commercial Union Insurance Company of America, and Employers' Liability Assurance Corporation Limited Compagnie Europeenne De Reassurances the Constitution State Insurance Company Continental Casualty Company Employers Mutual Casualty Company Evanston Insurance Company Executive Re Indemnity Inc., as Successor to American Excess Insurance Company Federal Insurance Company General Reinsurance Corporation Gibraltar Casualty Company Government Employees Insurance Company Granite State Insurance Company Highlands Insurance Company the Home Indemnity Company the Home Insurance Company Houston General Insurance Company Hudson Insurance Company Insurance Company of the State of Pennsylvania Interstate Fire & Casualty Company Jefferson Insurance Company of New York Landmark Insurance Company La Preservatrice Fonciere Tiard, Individually and as Successor to La Fonciere Assurances Transports Accidents and La Preservatrice Le Secours Lexington Insurance Company Lilloise D'assurances, as Sucessor to Lilloise D'AssurAnces Et De Reassurances Lumbermens Mutual Casualty Company Maryland Casualty Company Michigan Mutual Insurance Company Mutuelle Generale Francaise National American Insurance Company of California, as Successor to the Stuyvesant Insurance Company National Union Fire Insurance Company of Pittsburgh, Pa Northbrook Indemnity Company North Star Reinsurance Corporation Old Republic Insurance Company Pennsylvania Manufacturers' Association Insurance Company the Protective National Insurance Company of Omaha Prudential Reinsurance Company Puritan Insurance Company, Individually and as Successor to the Manhattan Fire and Marine Insurance Company Ranger Insurance Company Republic Insurance Company Safeco Insurance Company of America Safety National Casualty Corporation, as Successor to Safety Mutual Casualty Corporation St. Paul Fire and Marine Insurance Company, Individually and as Successor to Birmingham Fire Insurance Company St. Paul Guardian Insurance Company Stonewall Insurance Company Steonewall Surplus Lines Insurance Company Sun Alliance and London Insurance Plc Tokio Marine & Fire Insurance Company, Limited the Travelers Indemnity Company the Travelers Insurance Company Unigard Security Insurance Company, as Successor to Unigard Mutual Insurance Company Union Des Assurances De Paris Yosemite Insurance Company Eurinco Allegemeine Versicherungs, A.G. F & M Insurance Company, Ltd. La Concorde Lexington Insurance Company, Ltd. L'Union Atlantique S.A. D'AssurAnces N v. Rotterdamse Assurantiekas Per Mees & Zoonen National Continental Insurance Company as Successor to American Star Insurance Company Newfoundland American Insurance Co., Ltd. New Hampshire Insurance Company, Ltd. Phoenix Assurance Reliance Insurance Company Sirius (Uk) Insurance Company, Plc Trident General Insurance Company Great American Insurance Company American Empire Surplus Lines Insurance Company, as Authorized Agent on Behalf of Transport Indemnity Company. George Windsor Constance Windsor, Michael Windsor and Karen Windsor, in Nos. 94-1925, 94-2009. White Lung Association of New Jersey, National Asbestos Victims Legal Action Organizing Committee, the Oil, Chemical, and Atomic Workers International Union, the Skilled Trades Association, Myles O'malley, Marta Figueroa, Robert Fiore, Roh Maher, and Lynn Maher, (In Her Own Behalf and as Next Friend for Her Minor Children, Jessica Marie Maher, Jamie Marion Maher, and Jennifer Megan Maher), in Nos. 94-1927, 94-1968. Richard R. Preston, Sr. And Louis C. Anderson, in Nos. 94-1928, 94-2013. Albert and Margaret Hertler, in No. 94-1929. Richard E. Blanchard, D.D.S., Jack S. Boston, James L. Anderson, Personal Representative of Robert L. Anderson and Harrison O. McLeod in Nos. 94-1930, 94-2066. Iona Cunningham, as Representative of the Estate of Charles Cunningham, and Twila Sneed, in Nos. 94-1931, 94-2010. Aileen Cargile, Betty Francom, John Wong, John Soteriou, Harold Hans Emmerich and Thomas Corey, in Nos. 94-1932, 94-2012. William J. Golt, Sr. And Phyllis Golt, in Nos. 94-1960, 94-2011. Joe and Lynne Dominguez, in No. 94-2067. Kathryn Toy, Individually, and as Representative of the Estate of Edward Toy, in Nos. 94-2068. John Paul Smith, in No. 94-2085. Casimir Balonis, Margaret Balonis and Shepard A. Hoffman, in No. 95-1705.

83 F.3d 610 · Court of Appeals for the Third Circuit · Jun 27, 1996

For those claimants that qualify, the stipulation fixes a range of damages that CCR will award for each disease, and places caps both on the amount that a particular victim may recover and on the number of qualifying claims … Annas reiterated even more clearly that he did not seek damages of any kind from the CCR defendants: 151 Q.

United States v. Brooks

48 F. App'x 837 · Court of Appeals for the Third Circuit · Sep 27, 2002

misapplied the career offender provision in U.S.S.G. § 4B1.1. 6 We exercise plenary review of the District Court’s interpretation and application of the Sentencing Guidelines and will disturb the court’s factual findings only if clearly … Both of these convictions qualify under subsection (3).

Affholder, Inc., (86-5348), (86-5349) v. Preston Carroll Company, Inc., and Cfw Construction Company, Inc., Defendants- (86-5348). Preston Carroll Company, Inc., and Cfw Construction Company, Inc., Third-Party (86-5349) v. The Louisville and Jefferson County Metropolitan Sewer District of Jefferson County, Kentucky, H.C. Nutting Company, Hubbard E. Ruddy Consulting Engineers, Inc. And Presnell Associates, Inc., James-Winstead & Associates, Inc., D.M.J.M., Inc. (Successor in Name to Vollmer Associates, Inc.), and E. Lionel Pavlo, Consulting Engineer, D/B/A Vollmer-Presnell-Pavlo, a Joint Venture, Third-Party

866 F.2d 881 · Court of Appeals for the Third Circuit · Mar 20, 1989

Fitzgerald, 457 U.S. 731 , 743-44 n. 24, 102 S.Ct. 2690 , 2697-98 n. 24, 73 L.Ed.2d 349 (1982) (agreement for alternative liquidated damage remedies contingent upon disposition of qualified immunity claim does not render … Clearly, both parties have "alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues." Baker v.

IUE-CWA v. Visteon Corp. (In Re Visteon Corp.)

612 F.3d 210 · Court of Appeals for the Third Circuit · Jul 13, 2010

The first, “at the level established [through the § 1114 process]” clearly states that the level of benefits is the level agreed upon, or ordered by the court, pursuant to § 1114. … Furthermore, these benefits boost morale and help an employer retain qualified employees.