Case law

Anthony v. Ryder Truck Lines, Inc.

611 F.2d 944 · Court of Appeals for the Third Circuit · Dec 27, 1979

The 1959 plan did not qualify under the Internal Revenue Code, and Byrns therefore substituted a different plan in 1962 (the 1962 plan), which did qualify under the tax code. … Anthony, received the following letter from Lawrence Smith, a trustee of both the 1959 and the 1962 plans: 4 It has become necessary in order To continue the Company's retirement program to discontinue the pension trust established

Thelma DAVIS v. UNITED STATES STEEL SUPPLY, DIVISION OF UNITED STATES STEEL CORPORATION, Appellant

688 F.2d 166 · Court of Appeals for the Third Circuit · Aug 30, 1982

The court focused on the issue of discriminatory discharge, but clearly indicated in its opinion that it understood that there were also broader charges of racial discrimination in the case. … jurisdiction of any civil action authorized by law to be commenced by any person: * * * * * * To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

United States v. Paul Hill

655 F.2d 512 · Court of Appeals for the Third Circuit · Sep 25, 1981

This appeal raises the question of the admissibility and proper use of expert psychological testimony in an entrapment defense to establish a defendant’s unique susceptibility to inducement. … The second and third items of testimony are not clearly distinguished in the offer and may well have contributed to the court’s misapprehension of the nature of the offer.

Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, Inc

369 F.3d 700 · Court of Appeals for the Third Circuit · May 24, 2004

“[Physicians are not immune from confusion or mistake.” Id. (quotation omitted); see also Syntex Labs., Inc. v. … not establish a “serious health risk” and its conclusion that “[therefore, the public interest does not favor” injunctive relief.

Post v. Hartford Insurance

501 F.3d 154 · Court of Appeals for the Third Circuit · Sep 13, 2007

While Post had not at that point declined to take an FCE, Hartford’s error clearly cannot be attributed to a lack of neutrality on its part. … Lynch’s report is not unassailable, but it is reasoned, consistent with the rest of Post’s medical records, persuasively establishes that there is no objective evidence to support Post’s claim of total disability, and clearly

Sun Oil Co. v. Carisle

771 F.2d 805 · Court of Appeals for the Third Circuit · Sep 4, 1985

Section 4 sets forth the rights and immunities of the carrier, 46 U.S.C. § 1304 . … It is Sun’s position that because COGSA establishes the carrier’s liabilities and responsibilities with respect to the carriage of cargo and also establishes the burden of proof concerning claims for cargo loss or damage,

United States v. Hawes

Court of Appeals for the Third Circuit · Mar 27, 2008

Appx. 578, 582 (8th Cir. 2006) (holding that “the application notes to the guidelines clearly encompass a situation like 12 Edelmann’s, where another individual’s name and Social Security … Hawes’ conduct does not qualify for the two-level enhancement under U.S.S.G. § 2B1.1(b)(9)(C)(i).

E.M. Diagnostic Systems, Inc. v. Local 169, International Brotherhood of Teamsters

812 F.2d 91 · Court of Appeals for the Third Circuit · Feb 13, 1987

Clearly, this is for an arbitrator to determine. Appellee’s Brief at 18-19. … I have dissented from the majority opinion in this case because I believe the record and established precedent clearly reveal that (1) the “Functions of Management” clause granted an absolute right to the Company to subcontract

United States Court of Appeals, Third Circuit

896 F.2d 723 · Court of Appeals for the Third Circuit · Feb 7, 1990

Sec. 59:2-3(c) 3 . 19 Waldorf challenges the Borough's claim that the district court erred in failing to recognize its immunity. He argues that in order to qualify for immunity under N.J.S.A. … installation of the traffic light failed to qualify for plan or design immunity under section 59:4-6 of the Act.

Cavert Acquisition Co., D/B/A Cavert Wire Company v. National Labor Relations Board, National Labor Relations Board v. Cavert Acquisition Co., D/B/A Cavert Wire Company

83 F.3d 598 · Court of Appeals for the Third Circuit · May 2, 1996

In the 1970's the Board's own internal guidelines also clearly endorsed the rebuttable presumption test. … Clearly, Cavert cannot establish an affirmative termination simply by showing a lack of communication between the parties.

North River Insurance Company v. Cigna Reinsurance Company

52 F.3d 1194 · Court of Appeals for the Third Circuit · Apr 13, 1995

Under the terms of the original policy, the arbitrator found the exclusion for costs was qualified by the consent provision. … Under Ohio law, the standard for establishing an exclusion from coverage is substantially the same as that provided by Wellington: "An exclusion must be stated clearly in explicit wording setting forth with specificity exactly

United States v. Peter A. Murphy

323 F.3d 102 · Court of Appeals for the Third Circuit · Mar 19, 2003

This is because Panarella and Antico address the different issue of what types of fiduciary duties are required, within the meaning of honest services, when either state or federal law already clearly establishes a fiduciary … Here, in contrast, the Government cannot identify any clearly established fiduciary relationship or legal duty in either federal or state law between Murphy and Passaic County or its citizens.

United States v. Davis

39 F. App'x 702 · Court of Appeals for the Third Circuit · Jun 6, 2002

On appeal, Davis attacks his conviction, arguing that the District Court committed reversible error when it denied his request for discovery to establish that he was the victim of selective prosecution. … Noting that Davis had been arrested eight times and was “clearly a danger to society,” the District Court sentenced him to 76 months in prison. App. at 45-46. A.

Albert J. Gaiardo and Patricia Gaiardo, His Wife v. Ethyl Corporation, A/K/A Ethyl Corporation, Visqueen Division

835 F.2d 479 · Court of Appeals for the Third Circuit · Dec 14, 1987

On appeal, defendant contends that the district court abused its discretion in failing to award sanctions because the plaintiff’s claim clearly was not warranted under settled Pennsylvania law. … The employees have achieved limited success in securing permanency to their positions or in establishing just cause for discharge.

Jama v. Esmor Correctional Services, Inc.

577 F.3d 169 · Court of Appeals for the Third Circuit · Aug 12, 2009

not really support this restrictive rule because they either permitted fee awards or were materially *177 distinguishable. [10] Appellants point to no case where a court denied fees to a plaintiff who had prevailed on a qualifying … However, we do not find precedent on point that clearly adopts this interpretation as conclusive. Jama relies on Hensley v.

Montgomery County v. Microvote Corp.

320 F.3d 440 · Court of Appeals for the Third Circuit · Feb 26, 2003

An abuse of discretion occurs when "the district court’s decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact." … In Daubert, the Supreme Court established a "gatekeeping role for the judge" in determining the reliability and relevancy of expert testimony under FRE 702. Id. at 589.

Leslie Smith, Cross-Appellants v. United States of America, Third-Party Cross-Appellee v. Ronlee, Inc., Third-Party Fourth-Party Corss-Appellee v. E.& I., Inc., Fourth-Party Cross-Appellee v. Cross Contracting Co., Inc., for Limitation of Liability, Etc., Cross-Appellee

497 F.2d 500 · Court of Appeals for the Third Circuit · Aug 27, 1974

Jurisdiction over the United States (United States or occasionally, the government) was based upon The Suits in Admiralty Act, Title 46, U.S.C., Secs. 741-752 (waiver of sovereign immunity). 1 The olwer court found that the … Clearly, Ronlee could not delegate to a subcontractor its contractual obligation to superintend subcontractors.

UNITED STATES OF AMERICA v. WEST INDIES TRANSPORT, INC.; WIT EQUIPMENT CO., INC.; And W. JAMES OELSNER, Appellants

127 F.3d 299 · Court of Appeals for the Third Circuit · Oct 15, 1997

Before and after the severance of the rebar, the Witconcrete II qualified as a "vessel or other floating craft" within the parameters of 33 U.S.C. § 1362 (14). … West Indies Transport has not argued, at trial or on appeal, that its docks were in fact constructed within established harbor lines, or where no lines have been established.

Curay-Cramer v. Ursuline Academy of Wilmington, Delaware, Inc.

450 F.3d 130 · Court of Appeals for the Third Circuit · Jun 7, 2006

As a third alternative basis, she alleges that she was a qualified Religion teacher who was replaced by a male. … Finally, we do not hold that a plaintiff seeking to establish pretext by a religious employer need establish that the comparators engaged in precisely the same conduct as that said to support the adverse employment action

Lester & Frances McLean Debtors-Appellees v. City of Philadelphia, Water Revenue Bureau, Wilson Aikens, Debtor-Appellee v. City of Philadelphia, Water Revenue Bureau

891 F.2d 474 · Court of Appeals for the Third Circuit · Dec 7, 1989

Although we eventually upheld the validity of the liens, the court clearly indicated that the indexing system was invalid. … The weakness in the City's argument is that it has failed to establish a "transfer" within the meaning of section 550(d).