Case law

Andrews v. Chemical Carriers

457 F.2d 636 · Court of Appeals for the Third Circuit · Mar 30, 1972

three mates (including the chief mate), there was evidence to support the district court's finding that on the voyage into drydock in preparation for the annual inspection of the tanks by shipyard officials, it was the established … matter of law either (a) because Andrews could have avoided the overwork and resulting stress which caused his injuries by delegating supervision of the tank cleaning operations to one of the many others on board who were qualified

Coltec Industries, Inc., a Pennsylvania Corporation Four Leaf Coal Company, Inc., a Tennessee Corporation L.G. Wasson Coal Mining Corp., an Indiana Corporation v. William P. Hobgood Michael H. Holland Marty Hudson Thomas O.S. Rand Elliot A. Segal Carlton R. Sickles Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Fund United Mine Workers of America Combined Benefit Trust United States of America, Intervenor in D.C. Coltec Industries, Inc., a Pennsylvania Corporation Four Leaf Coal Company, Inc., a Tennessee Corporation L.G. Wasson Coal Mining Corp., an Indiana Corporation v. William P. Hobgood Michael H. Holland Marty Hudson Thomas O.S. Rand Elliot A. Segal Carlton R. Sickles Gail R. Wilensky, as Trustees of the United Mine Workers of America Combined Find United Mine Workers of America Combined Benefit Fund United States of America, Intervenor in D.C., Coltec Industries, Inc.

280 F.3d 262 · Court of Appeals for the Third Circuit · Feb 1, 2002

Coltec agreed to establish an escrow account into which it would deposit all premiums due during the pendency of its preliminary injunction motion. … The terms were established in a contemporaneous separate written agreement (the "Escrow Agreement"). App. at 232-35.

Transcon. Gas Pipe Line Co. v. Permanent Easements for 2.14 Acres & Temp. Easements for 3.59 Acres in Conestoga Twp.

907 F.3d 725 · Court of Appeals for the Third Circuit · Oct 30, 2018

Transcontinental clearly showed success on the merits and would have been harmed if the injunction were denied. … Circuit). 96 Hilltop/Hoffman Brief at 37, 38. 32 qualify for equitable relief.

Knoell v. United States

239 F. 16 · Court of Appeals for the Third Circuit · Feb 2, 1917

The chief stress of the argument on this writ has been laid upon the remaining subject, namely, the qualified admission of Rose Turetz as a witness. As stated above, Reuben had pleaded guilty and was no longer on trial. … We think, most clearly, that she cannot be. Public policy and established principles forbid it. This rule is founded upon the deepest and soundest principles of our nature.

Tunis Bros. v. Ford Motor Co.

952 F.2d 715 · Court of Appeals for the Third Circuit · Dec 27, 1991

Watson subsequently issued a report in which he recommended that de la Rigaudiere and Smith were qualified for a franchise in the Cochranville area. … This evidence clearly supports the jury’s determination that Ford Motor committed a fraud against the plaintiffs.

Evans v. United Arab Shipping Company

4 F.3d 207 · Court of Appeals for the Third Circuit · Sep 22, 1993

Sec. 1333 (West 1966) and the Foreign Sovereign Immunities Act, 28 U.S.C.A. Sec. 1330 (West Supp.1993). We have appellate jurisdiction over the final order of the district court pursuant to 28 U.S.C.A. … Whether Evans ultimately qualifies as a "seaman" under the Act is a mixed question of law and fact. Id.

Waterfront Commission of New York Harbor, on Behalf of Itself and of the State of New Jersey v. Elizabeth-Newark Shipping, Inc.

164 F.3d 177 · Court of Appeals for the Third Circuit · Dec 29, 1998

The Compact, which regulates the employment of waterfront labor in the Port of New York district, established the Waterfront Commission of New York Harbor (“the Commission”). See N.J. Stat. Ann. § 32:23-7 . … The Interstate Commerce Act establishes a regulatory framework similar to that of the Shipping Act, but the Interstate Commerce Act applies only to inland shippers.

Amro Elansari v. Maite Ragazzo

Court of Appeals for the Third Circuit · May 24, 2021

Additionally, we agree with the District Court that Elansari’s allegations regarding defendant Ragazzo’s comments failed to establish either a constitutional violation or a plausible equal protection claim. … Moreover, the District Court correctly determined that Elansari’s claim fails under a class-of-one theory because he has not demonstrated that he qualified for or obtained a medical marijuana card, was not charged with

Herold v. Park View Building & Loan Ass'n

210 F. 577 · Court of Appeals for the Third Circuit · Jan 23, 1914

The government’s argument on this branch of the case is based upon the contention that the words in italics qualify the whole proviso, and apply to every organization or association named therein, including a building association … called on to determine the scope and application of statutes exempting charitable and educational institutions from taxation; and we see no reason to doubt that Congress intended to avoid such disputes as far as possible by establishing

Pennsylvania Alliance for Jobs & Energy v. Council of Borough of Munhall

743 F.2d 182 · Court of Appeals for the Third Circuit · Sep 10, 1984

International Society for Krishna Consciousness, 452 U.S. 640 , 101 S.Ct. 2559 , 69 L.Ed.2d 298 (1981), the majority’s anti-crime rationale is not supported by the record and may not be established by an ipse dixit. Cf. … I shall not speculate on whether this discrimination violates the commerce clause or the privileges and immunities clause of Article IV. .

Barker v. Atty Gen USA

Court of Appeals for the Third Circuit · Sep 1, 2004

Specifically, the Board noted, establish a prima facie case for the relief contrary to Barker’s assertion, that she sought; (2) the movant’s failure to may otherwise qualify for an adjustment of introduce … We do not have the discretionary power to lift the statutory bar against reopening her 5 We note here, however, that Barker’s first argument has no merit because the record clearly shows that the IJ provided both adequate

Coventry v. United States Steel Corp.

856 F.2d 514 · Court of Appeals for the Third Circuit · Aug 26, 1988

Yost advised Hallas that Hallas qualified for the 70/80 mutual option pension, but that he could not elect that option without executing the PF-116-B release. … Judge Hutchinson agrees that the district court’s holding that Hallas signed the release voluntarily is clearly erroneous and that a totality of the circumstances approach to the issue of its validity is appropriate.

Croker v. Boeing Co.

662 F.2d 975 · Court of Appeals for the Third Circuit · Sep 30, 1981

A mere glance at the annotations to the two statutes clearly indicates that in most actions where § 1981 will apply, Title VII will also apply. … Duke Power Co., 401 U.S. 424 , 91 S.Ct. 849 , 28 L.Ed.2d 158 (1971), the courts — not Congress — have established a dichotomy that recognizes claims established by proof of disparate impact as well as disparate treatment.

United States v. William Day, A/K/A William McNeil

969 F.2d 39 · Court of Appeals for the Third Circuit · Jul 13, 1992

In exercising that discretion the court must accept the truth of the movant’s factual *42 allegations unless they are clearly frivolous on the basis of the existing record. … In a pro se petition, which must be construed liberally, that allegation is clearly sufficient.

Lichtenstein v. University of Pittsburgh Medical Center

598 F. App'x 109 · Court of Appeals for the Third Circuit · Jan 30, 2015

The instructions clearly stated this. … The totality of 7 the instructions established the key point: that Lichtenstein’s burden was to prove that UPMC used her claimed FMLA-qualifying leave on January 3 and/or January

Timothy Lear v. George Zanic

524 F. App'x 797 · Court of Appeals for the Third Circuit · Apr 5, 2013

“[T]he Petition Clause protects the right of individuals to appeal to courts and other forums established by the government for resolution of legal disputes.” Borough of Duryea v. Guarnieri, 131 S. … Lear Br. 21. 6 Had Lear amended his complaint to allege that Zanic‟s role in the prosecution should be considered on count four, Zanic may have been shielded by prosecutorial immunity. See Yarris v.

State of New Jersey v. Department of Health and Human Services

670 F.2d 1262 · Court of Appeals for the Third Circuit · Dec 23, 1981

that, to qualify for federal financial participation, a state must draw its IV-D plan in accord with certain statutory requirements, set forth at 42 U.S.C. § 654 . … Nonetheless, it reasoned that, “in the absence of an express reference in Title IV-D to services provided prior to the effective date of that title, it [cannot] clearly be inferred that new applications are not required.”

Clarence D. Gerhart v. Henry Disston and Sons, Inc. v. H. K. Porter Company, Inc., and H. K. Porter Company, Inc. Of Pittsburgh. K. Knudtson v. Henry Disston and Sons, Inc. v. H. K. Porter Company, Inc., and H. K. Porter Company, Inc. Of Pittsburgh

290 F.2d 778 · Court of Appeals for the Third Circuit · Jun 16, 1961

liable to its non-union employees for pensions." 15 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 … have been considered. 20 As the final prop in support of its position that the Agreement was not ambiguous Disston contends that neither the two supplemental letters (See note 3, supra), made part of the Agreement, nor the qualifying

The Ivy Club v. W. Cary Edwards Pamela S. Poff, Sally Frank, Intervenor-Defendant. Sally Frank, Counter-Claimant v. The Ivy Club, Counter-Defendant

943 F.2d 270 · Court of Appeals for the Third Circuit · Sep 16, 1991

As is well established under Article III of the Constitution, federal courts may adjudicate only actual, ongoing cases or controversies. Lewis v. … As a consequence of the new structure of law that evolved in the post-Civil War era, “the role of the Federal Government as a guarantor of basic federal rights against state power was clearly established.” Mitchum v.

Gulf Oil Corp. v. Federal Energy Regulatory Commission

706 F.2d 444 · Court of Appeals for the Third Circuit · Apr 21, 1983

The ALJ held that Gulf had not made out a prima facie case to establish force maj-eure volumes. … Storms qualify as a force majeure event because they are unexpected, and out of the party’s control. (II App. p. 21).