Case law

Virgin Islands Hotel Association (u.s.), Inc., a Corporation v. Virgin Islands Water & Power Authority

476 F.2d 1263 · Court of Appeals for the Third Circuit · Apr 12, 1973

Thus, the Hotel Association has only itself to blame for waiting until the end of August before seeking an expert qualified to present its case. … The Hotel Association has clearly failed to demonstrate the type of statutory violation subject to review by this court. See V.I. Hotel Association v. V.I. Water & Power Authority, supra, 465 F.2d at 1274 .

Altice USA Inc v. New Jersey Board of Public Uty

26 F.4th 571 · Court of Appeals for the Third Circuit · Feb 24, 2022

establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.’” … Cease and desist orders qualify as sanctions that support Younger abstention. See Minn. Living Assistance, Inc. v. Peterson, 899 F.3d 548, 553 (8th Cir. 2018). The BPU also assessed a $10,000 penalty.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Elizabeth O'Keefe

545 F.2d 337 · Court of Appeals for the Third Circuit · Nov 2, 1976

First, she contends that the amended statute has clearly eliminated any limitation upon death benefits and hence further examination into legislative history becomes unnecessary. … Clearly the phrase does not refer to § 6(d) itself since § 6(d) does not include any “[determinations . . . with respect to a period.”

Michael Simko v. United States Steel Corp

992 F.3d 198 · Court of Appeals for the Third Circuit · Mar 29, 2021

It is well-established that arguments raised for the first time on appeal are not properly preserved for appellate review. See Del. Nation v. … Here, Simko offers no reasons for his failure to urge before the District Court that his handwritten correspondence and accompanying documents qualified as a charge.

Kartorie v. Dunham

108 F. App'x 694 · Court of Appeals for the Third Circuit · Jul 23, 2004

Finally, the court held that Tucker was entitled to qualified immunity with respect to Kartorie’s claim that Tucker violated his civil rights by allowing private parties to take his blood against his will while he was in … Finally, Kartorie contends that the District Court erred in granting Tucker qualified immunity on Kartorie’s claim alleging that Tucker violated his Fourth Amendment rights by allowing York Hospital personnel to draw blood

Bemis Car Box Co. v. J. G. Brill Co.

200 F. 749 · Court of Appeals for the Third Circuit · Nov 7, 1912

Bv these cases the general principle is established that the owners of a patent whose business is established, successful,*and well equipped may recover from an infringer in an action at law the profits he would probably … In such eases the greater the wrong the greater the immunity; the greater the number of improvements the greater the difficulty of separating the profits.

Republic of the Philippines v. Westinghouse Electric Corp.

43 F.3d 65 · Court of Appeals for the Third Circuit · Dec 20, 1994

XI, § 5 (1987) (Office of the Ombudsman established as independent office); In re Raul M. … This fundamental principle is also reflected in our law of sovereign immunity.

Morlan v. Green River Steel Corp.

35 F.3d 566 · Court of Appeals for the Third Circuit · Sep 14, 1994

Green River was not qualified to transport and dispose of contaminated oil. … Daly raised the defense of employer immunity. Rejecting defendant's argument that Varney was a loaned servant of M.J.

In Re Grand Jury Investigation. Appeal of United States of America

918 F.2d 374 · Court of Appeals for the Third Circuit · Oct 29, 1990

(Sloviter, J., concurring) (noting private benefits of certain privileges, including the “priest-penitent” privilege, in critiquing majority opinion concerning use-fruits immunity following the invocation of the privilege … The threshold criterion for deciding whether the privilege should attach — the criterion that the communication be made to a clergyperson — is clearly satisfied. Pastor Knoche is an ordained Lutheran minister.

United States v. Thomas Noble

42 F.4th 346 · Court of Appeals for the Third Circuit · Aug 2, 2022

To establish plain error, Noble must show (1) an error, (2) that is plain, and (3) affects substantial rights. Id. … This is a misreading of the record, which clearly shows that Noble referred to a “psychiatric” disability. As such, the court’s ruling on the Government’s objection was not erroneous.

Disston v. McClain

147 F. 114 · Court of Appeals for the Third Circuit · Jul 9, 1906

and citizen of the state of Pennsylvania, died on June 13, 1900, having first made his last will and testament, duly probated on June 19, 1900, whereby he appointed the plaintiffs in error his executors, who accepted and qualified … With these well-established maxims of interpretation in view, let us examine the language by which Congress has seen fit to impose the taxes in question, and the reasoning of the Supreme Court in the case of Vanderbilt v.

United States v. Leveto

Court of Appeals for the Third Circuit · Aug 26, 2008

The group promoted the establishment of sham offshore trusts for the purpose of evading liability for federal income taxes. … Lapina, 258 F.3d 156 (3d Cir. 2001) (Alito, J., writing for the Court, found that IRS agents had violated Leveto’s Fourth Amendment rights but had qualified immunity).

National Labor Relations Board v. Omnitest Inspection Services, Inc., Amspec Technical Services, a Partnership, and Amspec Technical Services, Inc.

937 F.2d 112 · Court of Appeals for the Third Circuit · Jun 28, 1991

Tana-ka were members of the Tanaka family, and that Raymond Tanaka “clearly dominated both corporations.” Id. at 1035 . … These actions clearly support a finding of an anti-union animus.

In re: Mark A. Culp v.

681 F. App'x 140 · Court of Appeals for the Third Circuit · Mar 15, 2017

N.D.N.Y. 1989)). 5  We agree with the Bankruptcy Court that the Appellants failed to establish regular, steady income which would have made them qualifying debtors under … Seijas, 508 F.3d 123, 125 n.1 (3d Cir. 2007) (“It is well established that arguments not raised before the District Court are waived on appeal.”); In re Kaiser Grp.

Adapt Of Philadelphiladelphia v. Philadelphia Housing Authority

433 F.3d 353 · Court of Appeals for the Third Circuit · Jan 9, 2006

The District Court, refusing to read a wheelchair or similar requirement into the Agreement and declining to establish a rigid hierarchy among eligible disabled persons, concluded that PHA, in placing the individuals in question … D. 50 Conceptually speaking, Lazy Oil construed the Cape May Greene rule as broader than the limitations established by FirsTier , thus encompassing more situations than those strictly controlled by FRAP 4(a)(2).

Homar v. Gilbert

89 F.3d 1009 · Court of Appeals for the Third Circuit · Jul 18, 1996

To recognize a cause of action for denial of due process under these circumstances would clearly elevate form over substance. 40 * * * * * * 41 Since he clearly could be suspended with pay without implicating due process … (qualified immunity) (stressing flexibility of standard regarding necessity of pre-deprivation hearing where prison guard was suspended without pay upon his arrest), cert. denied, 506 U.S. 832 , 113 S.Ct. 98 , 121 L.Ed.2d

United States v. Quinceno-Montoya

132 F. App'x 953 · Court of Appeals for the Third Circuit · Jun 1, 2005

However, despite Montoya’s claims to the contrary, the letter does not satisfy any rule of evidence and is clearly inadmissible. … Although Montoya’s challenge to the trial court’s evidentiary rulings clearly lack merit, we agree that he is entitled to be resentenced.

Hohe v. Casey

956 F.2d 399 · Court of Appeals for the Third Circuit · Feb 10, 1992

The indemnification clause does not immunize the Commonwealth. … Although the plaintiffs are the certified class representatives of all nonmembers, their argument is clearly antagonistic to the interests of lower income nonmembers.

May v. Cooperman

780 F.2d 240 · Court of Appeals for the Third Circuit · Dec 24, 1985

Thus it seems appropriate to take account of Justice O'Connor's observation that "[t]he face of the statute or its legislative history may clearly establish that it seeks to encourage or promote voluntary prayer over other … I therefore conclude that the district court clearly erred in finding that the statute had no secular purpose. III.

Morse v. Lower Merion School District

132 F.3d 902 · Court of Appeals for the Third Circuit · Dec 23, 1997

Russell, 825 F.2d 12 (3d Cir.1987) also addressed the issue of who qualifies as a "foreseeable plaintiff." … What is clear is that a member of the general public may not qualify.