Case law

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 .

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

Rko-Stanley Warner Theatres, Inc. v. Mellon National Bank And Trust Company

436 F.2d 1297 · Court of Appeals for the Third Circuit · Jan 27, 1971

While the abutting fee owner may have power to impose frequent temporary obstructions on the public way in order to serve his own reasonable commercial needs, 23 the Pennsylvania decisions clearly establish that an abutting … Absent an express grant, RKO cannot therefore establish an easement to light and air.

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.

Gerhart v. Henry Disston & Sons, Inc.

290 F.2d 778 · Court of Appeals for the Third Circuit · Apr 28, 1961

In support of its position that the language of the documents is unambiguous Disston argues that the warranty clauses of the Agreement are not inconsistent with, and do not qualify or limit the scope of the Assumption of … Disston’s request centered on an announcement of a pension plan “without clearly stating that the plan is voluntary”.

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

Wallace v. Bowen

855 F.2d 101 · Court of Appeals for the Third Circuit · Aug 18, 1988

the Court held that examining physician reports adverse to the claimant could be used as “substantial evidence” even though the reports were hearsay and the physicians were not present at the hearing, the Court carefully qualified … Waiver of the right to subpoena and cross-examine witnesses concerning post-hearing evidence must be “clearly expressed or strongly implied from the circumstances.” Lonzollo, 534 F.2d at 714 .

Monongahela Valley Hospital v. United Steel Paper and Forestr

946 F.3d 195 · Court of Appeals for the Third Circuit · Dec 30, 2019

It is a subordinate phrase clearly qualified by the superseding “but,” and what follows grants the Hospital the “final,” “exclusive[]” and “unilateral[]” right to schedule vacations. … “It is . . . well established that contract language must be read in context and that ‘a subsequent specification impliedly limits the meaning of a preceding generalization.’” Affiliated Food Distribs., Inc. v.

Jenkins v. Red Clay Consolidated School District Board Of Education

4 F.3d 1103 · Court of Appeals for the Third Circuit · Aug 19, 1993

This finding was supported by the plaintiffs' evidence, and was not clearly erroneous. Since approximately 100% of the black voters of Red Clay supported Mitchell, he was clearly their candidate of choice. … Both Justices Brennan and O'Connor stated clearly that the minority's electoral success must be consistent and sustained.

St. Paul Fire & Marine Insurance v. Lewis

935 F.2d 1428 · Court of Appeals for the Third Circuit · Jun 27, 1991

Cmwlth. 111, 413 A.2d 1182 (1980), which noted that “our courts have clearly interpreted the term ‘living with,’ ” id. 413 A.2d at 1184 (citing Sheaffer). … By slighting the record and the established standard in this court for granting a directed verdict, the majority has given no more than lip service to the established principles of law which I have outlined at the outset

Brown v. Francis

75 F.3d 860 · Court of Appeals for the Third Circuit · Feb 7, 1996

The trustees argue that the Virgin Islands is not a State, but a Territory of the United States and that the policies which preclude sovereign immunity for territories in federal court similarly preclude a Territory from … Accordingly, the Territory of the Virgin Islands, a United States Territory, qualifies as a "state" for purposes of the diversity jurisdiction statute.

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 Steelworkers of America, Afl-Cio-Clc United Steelworkers of America, Local Union No. 1165 v. Lukens Steel Company, Division of Lukens, Inc

969 F.2d 1468 · Court of Appeals for the Third Circuit · Jul 31, 1992

Lukens contends that this language clearly and unambiguously precludes the employees from grieving their discharges. … Therefore, the affidavits do not qualify as “strong and forceful” evidence of an intention to exclude the grievances from arbitration.

Joel Meyers v. Noah Alldredge, Warden, United States Penitentiary at Lewisburg, Pennsylvania

492 F.2d 296 · Court of Appeals for the Third Circuit · Feb 14, 1974

We emphasize that the inmates clearly should have realized that their conduct in creating a total work stoppage established a dangerous situation and that such conduct would be punishable. In Landman v. … However, as the district court found, this promise was qualified by the Warden’s statement that “there would be no reprisals as long as they functioned as a committee in good faith and did not commit an illegal act.”

De Herrera v. Attorney General of the United States

357 F. App'x 498 · Court of Appeals for the Third Circuit · Dec 21, 2009

However, nothing in the BIA’s decision indicates that it deviated from its established standards or required a showing from Ramos beyond that normally required to establish an "exceptional and extremely unusual hardship.” … The BIA clearly conducted its own analysis, and thus our review is limited to the BIA’s decision. .

De Herrera v. Attorney General of the United States

357 F. App'x 498 · Court of Appeals for the Third Circuit · Dec 21, 2009

However, nothing in the BIA’s decision indicates that it deviated from its established standards or required a showing from Ramos beyond that normally required to establish an "exceptional and extremely unusual hardship.” … The BIA clearly conducted its own analysis, and thus our review is limited to the BIA’s decision. .

United States v. Edward Krogstad

576 F.2d 22 · Court of Appeals for the Third Circuit · Apr 12, 1978

The above facts were clearly established and substantially confirmed by the defendant, who testified in his own behalf. … At defendant’s trial, he testified under a grant of immunity as one of the principal Government witnesses. A summary of the substance of his testimony follows.

Commonwealth of Pennsylvania v. United States Department of Health and Human Services

80 F.3d 796 · Court of Appeals for the Third Circuit · Apr 4, 1996

The broad discretion and authority vested in the Board clearly establishes that its members are officers and not employees, and the Board does not argue to the contrary. 26 Accordingly, we must address whether the Appeals … Clearly, the Commonwealth may allocate income derived from the JCP fee in any manner it chooses.

Thomas McCaffrey Jr. v. Commissioner of Internal Revenue

275 F.2d 27 · Court of Appeals for the Third Circuit · Feb 10, 1960

The statute provides in two separate sub-sections that in order to qualify for its nonrecognition of gain relief there must be a “conversion into similar property” and “similar property” is defined as “similar or related … Clearly they were not “similar” properties, physically or otherwise, nor were they “similar or related in service or use”.

Siemens USA Holdings Inc v. Richard Geisenberger

Court of Appeals for the Third Circuit · Nov 4, 2021

It dismissed all claims against the State of Delaware, with prejudice, on the basis of sovereign immunity. … “When the claimed injury ‘is the process itself,’ in the manner it is here, then the interests of the parties are clearly adverse.” Marathon Petroleum, 876 F.3d at 499 (citation omitted).