Case law

United States v. Grape

Court of Appeals for the Third Circuit · Dec 11, 2008

Grape thus concedes that his offenses qualify as serious under either test, and we agree. … The Government bears the burden of establishing the second Sell factor by clear and convincing evidence. See Gomes, 387 F.3d at 159.

Packard v. Pittsburgh Transportation Co.

418 F.3d 246 · Court of Appeals for the Third Circuit · Aug 12, 2005

Accordingly, PTC bears the burden of proving “plainly and unmistakably” that the drivers qualify for the MCA exemption. See Friedrich v. U.S. Computer Servs., 974 F.2d 409, 412 (3d Cir.1992). A. … The Court found that taxis providing this service were “clearly a part of the stream of interstate commerce.” Id. at 228 , 67 S.Ct. 1560 .

Auto-Owners Insurance Company v. Stevens & Ricci Inc

835 F.3d 388 · Court of Appeals for the Third Circuit · Sep 1, 2016

Though it did not intend injury, Stevens & Ricci clearly intended for the third-party advertiser to send the fax advertisements to the members of the class. … The subsequent settlement in the Underlying Action did not revoke the jurisdiction that had been established.

U.S.A. Ex Rel. Lolita Saroop v. Jesus A. Garcia. Lolita Saroop

109 F.3d 165 · Court of Appeals for the Third Circuit · Mar 21, 1997

At the time of Saroop's surrender, the United States which filed its extradition request under the 1931 treaty clearly recognized the treaty as governing the extradition. … An Order in Council is nearly always used in establishing the Constitution of a Dependent Territory.

United States v. James Russell, AKA Gaith Junior Douglas, AKA Steven Shawn Jones, James Russell, A/K/A Steven Shawn Jones

134 F.3d 171 · Court of Appeals for the Third Circuit · Jan 16, 1998

Clearly, the common goal of this conspiracy was to make money selling cocaine. … The evidence was probative to establish an association between Smith and Russell, to establish how the drug operation functioned (i.e., drugs supplied from New York), and to establish a common purpose.

United States v. McKee

Court of Appeals for the Third Circuit · Oct 29, 2007

The government alleged that false Partnership employment tax returns for the quarters ending in March 1998 23 through January 2001 qualified as affirmative acts of evasion for … Moreover, even if we accept that unsupported opinion, Inge is no tax expert and clearly can not be charged with the tax knowledge of a purported IRS tax expert.

Ardolina v. Commissioner of Internal Revenue

186 F.2d 176 · Court of Appeals for the Third Circuit · Jan 2, 1951

Viewed piecemeal, or as a whole, the agreement challenged is so nearly alike the prior agreements as to clearly indicate no change in business operation. … The Tax Court’s ultimate finding of fact that “petitioner and his wife did not actually intend to join together as partners in the conduct of the enterprise” is clearly wrong.

Government Of The Virgin Islands v. Antonio Rosado

699 F.2d 121 · Court of Appeals for the Third Circuit · Feb 25, 1983

The case was clearly one for the jury and we may not disturb its verdict. … evidence of Rosado's prior conviction without first determining that its probative value outweighed its prejudicial effect. 62 (3) The trial court erred in denying the motion for acquittal based on the Government's failure to establish

Mazzarella v. Fast Rig Support, LLC

823 F.3d 786 · Court of Appeals for the Third Circuit · May 23, 2016

Several categories of employees are exempt from this requirement, including “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service” under 49 U.S.C … FLSA exemptions must be construed narrowly against the employer, and Defendants “bear[ ] the burden of proving ‘plainly and unmistakably’ that the drivers qualify for the MCA exemption.” Packard *791 v.

Board of Education v. Diamond

808 F.2d 987 · Court of Appeals for the Third Circuit · Dec 19, 1986

The governing law, however, clearly imposes a higher standard. … The Act was clearly intended to correct Smith’s erroneous construction of the original congressional intent.

In the Matter of Arthur Lawrence Abrams, an Attorney-At-Law

521 F.2d 1094 · Court of Appeals for the Third Circuit · Jun 30, 1975

Thereafter, formal immunity was conferred upon them and their subsequent public testimony in October 1971 formed the predicate for the filing of formal charges against Abrams by the Essex County Ethics Committee. … Those principles clearly dictated that he play no part whatever in the corrupt $20,000 payment to the public officials of Jersey City.

Mihran Demirjian and Mabel Demirjian v. Commissioner of Internal Revenue. Estate of Anne Demirjian, Deceased, Frank Demirjian, and Frank Demirjian, Surviving Spouse v. Commissioner of Internal Revenue

457 F.2d 1 · Court of Appeals for the Third Circuit · Mar 7, 1972

Sec. 703 (b) requires that the election and replacement under Sec. 1033 be made by the partnership and that replacement by individual partners of property owned by the partnership does not qualify for nonrecognition of the … The facts, when taken together, establish the intent of Anne and Mabel to conduct their real estate business as a partnership. See Commissioner of Internal Revenue v.

Beety-Monticelli v. Commissioner of Social Security

343 F. App'x 743 · Court of Appeals for the Third Circuit · Aug 28, 2009

If the claimant suffers from a severe impairment, that impairment must meet or equal the severity of a qualified impairment identified in the regulations. § 404.1520(d). … Clearly, none of these alleged errors impacts the validity of the District Court’s decision.

United States v. Carbone, Adolph "Butch"

793 F.2d 559 · Court of Appeals for the Third Circuit · Jun 23, 1986

Although the specific determinations of the magistrate and the district court are not as clearly stated as we would wish, we hold that Carbone met his burden. … I. 18 As the majority correctly states, the Bail Reform Act of 1984 establishes a pre-trial presumption with regard to both flight and dangerousness.

Adeline M. Bruno v. W.B. Saunders Company and Cbs Educational and Professional Publishing, a Division of Cbs, Inc.

882 F.2d 760 · Court of Appeals for the Third Circuit · Sep 8, 1989

Golden Nugget Hotel, 844 F.2d 1031 , 1033 (3d Cir.1988) (citation omitted). 17 Under the now familiar analytical framework that has been established for analyzing ADEA claims, the plaintiff first bears the burden of establishing … Before the district court, Degutis testified additionally that among the reasons he selected Dietrich were her "enthusiasm" and the fact that she was the "most qualified" candidate.

Fed. Sec. L. Rep. P 95,223 Shirley Woolf and Robert Milberg v. S. D. Cohn & Company and Sidney D. Cohn, Defendants-Third-Party v. Fiberglass Resources Corporation, Third-Party Shirley Woolf v. S. D. Cohn & Company, Defendants-Third-Party v. Fiberglass Resources Corporation, Third-Party

515 F.2d 591 · Court of Appeals for the Third Circuit · Jul 3, 1975

We refined the tests established in Hill York by focusing upon the information about Continental that each of the offerees possessed. … We have indicated some of the inadequacies in the record, and, on remand, the burden is on the defendants to establish the availability of the exemption.

Bonneville International Corp. v. Peters

347 F.3d 485 · Court of Appeals for the Third Circuit · Oct 17, 2003

(an entity operating a radio broadcasting facility under an FCC license) would qualify as a broadcast transmission. … The legal issues surrounding tile exchange of songs involve the established exclusive right to reproduction of a sound recording.

Aakash Dalal v. John Molinelli

Court of Appeals for the Third Circuit · Mar 2, 2026

And, in the absence of a constitutional 13 violation, the Court concluded that all defendants were entitled to qualified immunity. Dalal appeals. … immunity.

Robert Melber v. United States

527 F. App'x 183 · Court of Appeals for the Third Circuit · May 31, 2013

Because sovereign immunity would ordinarily preclude tort claims made against these state employees, Melber had to satisfy procedural requirements of the Act to abrogate their sovereign immunity. … First, because Eagan clearly established that tolling applies under these very circumstances, the justification for Eagan’s failure to file—legal uncertainty as to the viability of tolling—no longer exists.

Port Authority Trans-Hudson Corp. v. Secretary, United States Department of Labor

776 F.3d 157 · Court of Appeals for the Third Circuit · Jan 15, 2015

[t]he qualifying words ‘in . . . any enterprise’ narrowed § 1963(a)(2), but in no way affected § 1963(a)(1)” (emphasis added; second omission in original)). … In passing the RSIA, Congress was clearly concerned about the safety implications of how employees perform their duties.