Case law

Bender v. The Williamsport Area School District

741 F.2d 538 · Court of Appeals for the Third Circuit · Aug 15, 1984

Although the Supreme Court has noted, for instance, that the Establishment Clause "may" provide a compelling state interest which would override free speech rights (Widmar, 454 U.S. at 271 , 102 S.Ct. at 275 ), it clearly … That is clearly not the case here.

Herbert Holmes, M.D. v. John Farmer, Jr.

220 F.3d 127 · Court of Appeals for the Third Circuit · Jul 26, 2000

Facts 8 Because the District Court's findings of fact are not clearly erroneous, see Lanning v. Southeastern Pa. Transp. … He established a training program and teaches residents the full range of obstetric and gynecological care, including abortions.

Baker v. Monroe Township

50 F.3d 1186 · Court of Appeals for the Third Circuit · May 1, 1995

I think the answer must clearly be "no." … immunity defense pled in Armstrong's answer.

United States v. Eugene Boffa, Sr., Robert Boffa, Sr., Louis S. Kalmar, Sr., and Chandler Lemon

688 F.2d 919 · Court of Appeals for the Third Circuit · Aug 25, 1982

Unlike sections 7 and 8 of the NLRA, with their clearly remedial purpose and carefully structured administrative scheme, section 501(a) merely establishes a standard of duty for union officials, and permits union members … This remedy was clearly not intended to be exclusive.

Pennsylvania Pharmacists Association v. Houstoun.

283 F.3d 531 · Court of Appeals for the Third Circuit · Mar 13, 2002

Rather, Wilder clearly explained that the reason providers were intended beneficiaries of the Boren Amendment is that the provision by its express terms required states to establish a scheme for provider reimbursement. … market rates, or a fixed sum. 117 Thus, contrary to the Fifth Circuit's conclusion that "it cannot be said that section 30(A) necessarily confers upon each provider an individual right to a particular payment," Section 30(A) clearly

Estate of Oliva Ex Rel. McHugh v. New Jersey

604 F.3d 788 · Court of Appeals for the Third Circuit · May 4, 2010

Thus, we keep these incidents in mind when writing our opinion and assume, as do the Appellees, that these incidents qualified as protected activity. 1. … Yet we cannot find that he has a right to relief unless he can establish that his various statutory causes of action can be sustained according to their requirements or establish that the District Court abused its discretion

Kershner v. Mazurkiewicz

670 F.2d 440 · Court of Appeals for the Third Circuit · Feb 1, 1982

accorded jurisdiction over the grant, refusal or modification of an injunction pursuant to § 1292(a)(1), the court in its discretion may review the entire order, including those portions of the order which otherwise would not qualify … Once we begin reviewing a broad range of interlocutory orders, we defeat the narrow scope of section 1292(a) that was clearly intended by Congress. 13 C.

Lloyd Dugas v. Pelican Construction Company, Inc.

481 F.2d 773 · Court of Appeals for the Third Circuit · Jul 5, 1973

To qualify for Jones Act benefits, an injured worker must be on more or less permanent assignment to a vessel or performing a substantial part of his work aboard a vessel. Offshore Company v. … There is nothing in the record to indicate that Pelican or Union either intended or desired to establish a borrowed employee relationship between Union and the men Pelican supplied.

Centrix HR, LLC v. On-Site Staff Management, Inc.

349 F. App'x 769 · Court of Appeals for the Third Circuit · Oct 19, 2009

The Magistrate Judge also concluded that Logistics properly terminated the Agreement because HR breached it in numerous ways, but that Black breached the Agreement’s non-compete clause by establishing On-Site. … Conclusions of Law were not evidence, that there was sufficient evidence to support the $1.6 million figure in the form of HR’s own records and Defendants’ expert’s unrefut-ed testimony, and that at trial Defendants’ expert qualified

Getson v. New Jersey

352 F. App'x 749 · Court of Appeals for the Third Circuit · Nov 23, 2009

These contentions do not, however, establish that the administrative proceeding was brought in bad faith. 3 Notably, Dr. … Getson’s “naked assertion” of bias was clearly insufficient to withstand the motion to dismiss. Id. (quoting Twombly, 550 U.S. at 557 , 127 S.Ct. 1955 ).

Neurotron Inc. v. Medical Service Association of Pennsylvania, Inc., T/a Pennsylvania Blue Shield Highmark, Inc

254 F.3d 444 · Court of Appeals for the Third Circuit · Jun 19, 2001

In each instance it engaged the services of three qualified medical experts as consultants. Nothing in the record suggests any deficiency in the process by which these consultants were selected. … Highmark’s independent consultants were clearly aware that CPT was being used by health care professionals and appeared in the medical literature.

Gerald L. Plummer, Charles C. Ray, Alfred Jeffress, James B. Smoak, Rosa Crespo, Burless Anderson, Kenneth A. Moulden, Kenneth A. Jenkins, Frankie L. Thomas, Orlando Jennings, Theodore Harrison v. United States of America. Donald E. Allen v. United States of America. Appeal of Donald Allen, Orlando Jennings, Alfred Jeffress and Kenneth Jenkins, in No. 77-1121. Appeal of Rosa Crespo, James B. Smoak and Kenneth Moulden

580 F.2d 72 · Court of Appeals for the Third Circuit · May 26, 1978

That law, as it had evolved by 1961, allowed for recovery for mental anguish "where it is definitely established that injury and suffering were (proximately) caused by an act of negligence, and any degree of physical impact … Lawrence, supra note 9, is clearly correct.

In Re Natta, Movant in the United States Patent Office Before the Examiner of Interferences, Interference No. 89634. Hogan v. Zletz v. Baxter v. Natta E. I. Dupont De Nemours & Co.

388 F.2d 215 · Court of Appeals for the Third Circuit · Jan 4, 1968

Montecatini may not establish for itself a date earlier than June 8, 1954, the date of its Italian patent application. Monaco v. … Nobile, 133 U.S.P.Q. 178 (W.D.Mich.1962), decided by the same judge who wrote the opinion in Shull, qualifies Shull by expressly holding that discovery is not available.

Wilcher v. City of Wilmington

139 F.3d 366 · Court of Appeals for the Third Circuit · Mar 17, 1998

The district court granted summary judgment in favor of the individual defendants on the ground that they were entitled to qualified immunity and in favor of the SODAT defendants on the ground that SODAT was not a state actor … Third, they appeal the district court's determinations regarding qualified immunity and state action. Fourth, they urge that, in denying the plaintiffs a jury trial, the district court misapplied our decision in Bolden.

Geraghty v. United States Parole Commission

579 F.2d 238 · Court of Appeals for the Third Circuit · Mar 9, 1978

As part of a legislative overhaul of the parole system, the 1976 Act granted the newly-established Parole Commission the power and the duty to: promulgate rules and regulations establishing guidelines for the power [to grant … argument that the plaintiff had, by his acceptance of parole, acceded to the condition, the Court declared: [W]e see no distinction between depriving a prisoner of the right to earn good conduct deductions and the right to qualify

Amro Elansari v. Philadelphia Municipal Court

Court of Appeals for the Third Circuit · Aug 19, 2020

“To be frivolous, a claim must rely on an ‘indisputably meritless legal theory’ or a ‘clearly baseless’ or ‘fantastic or delusional’ factual scenario.” Mitchell v. … In any event, we note that the rule governing the authority of an authorized representative states that “[t]his rule is not intended to allow a non-lawyer to establish a business for the purpose of representing others in

Bankers Trust Company of Western New York v. Stuart Crawford, Kutner Buick, Inc., Chalfont Industries, Inc. Appeal of Stuart Crawford

781 F.2d 39 · Court of Appeals for the Third Circuit · Jan 13, 1986

Crawford responded that Kutner Buick should not qualify as a holder in due course because of its close relationship with Chalfont Industries. … In this case, however, the district court made three insurmountable findings of fact that are supported by the record and are not clearly erroneous. 21.

In Re: Schaefer Salt

Court of Appeals for the Third Circuit · Sep 9, 2008

The salaries of bankruptcy judges are not “immune from diminution by Congress.” N. Pipeline Constr. … Congress subsequently passed BAFJA, thereby establishing the jurisdictional scheme in effect today.

Peter Noorily Raymond P. Nastawa v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2227) Sidney Levy v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2228) William O. Deck v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2229) Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation, in No. 98-6298 Peter Noorily Raymond P. Nastawa v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2227) Sidney Levy v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2228) William O. Deck v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2229) Peter Noorily Raymond P. Nastawa, Sidney Levy, William O. Deck, in No. 98-6328 Peter Noorily Raymond P. Nastawa v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2227) Sidney Levy v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2228) William O. Deck v. Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation (d.c. Civil No. 93-2229) Thomas & Betts Corporation Employee Benefit Plan of Thomas & Betts Corporation, in No. 98-6432

188 F.3d 153 · Court of Appeals for the Third Circuit · Oct 18, 1999

12 We first address T&B's contention that its determination to deny the plaintiffs severance benefits was a "business decision" immune from the standards that section 404 of ERISA, 29 U.S.C. … The plan clearly reflects this dual role as it provides that "[a]ll fringe benefits covered under this policy are administered by the Corporate Benefits Committee" which consists of certain T&B officers.

Centrix HR, LLC v. On-Site Staff Management, Inc.

349 F. App'x 769 · Court of Appeals for the Third Circuit · Oct 19, 2009

The Magistrate Judge also concluded that Logistics properly terminated the Agreement because HR breached it in numerous ways, but that Black breached the Agreement’s non-compete clause by establishing On-Site. … Conclusions of Law were not evidence, that there was sufficient evidence to support the $1.6 million figure in the form of HR’s own records and Defendants’ expert’s unrefut-ed testimony, and that at trial Defendants’ expert qualified