Case law

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.”

Eric Davin v. United States Department of Justice, Federal Bureau of Investigation

60 F.3d 1043 · Court of Appeals for the Third Circuit · Oct 5, 1995

In reviewing the government’s withholding of records under any subsection of § 552(b)(7), the district court must first be satisfied that those materials qualify as “records or information compiled for law enforcement purposes … The declaration clearly identifies David Lasser and the WAA as the targets of the investigations, thereby fulfilling the first prong of the Pratt test.

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).

National Casualty Co. v. Borough of Wyomissing

57 F. App'x 62 · Court of Appeals for the Third Circuit · Jan 29, 2003

the plaintiff’s decedents; (c) Failing to follow appropriate departmental guidelines pertaining to initiation, maintenance and/or discontinuance of high speed motor vehicle pursuits; (d) Failing to establish … . § 8541, and that the only relevant exception to the immunity provision is for operation of a motor vehicle, under 42 Pa. Cons. Stat.

Gay v. CreditInform

Court of Appeals for the Third Circuit · Dec 19, 2007

A party seeking to avoid arbitration for a statutory claim has the burden of establishing that Congress intended to preclude arbitration of the claim. … Clearly, if Gay objected to the terms of the Agreement she could have walked away from it.

No. 89-3649

903 F.2d 961 · Court of Appeals for the Third Circuit · May 21, 1990

We do not believe that negotiations to obtain legal objectives can immunize the resulting illegal objective. … Proposal of the illegal hot cargo clause after this date, however, did not immunize the strike from the causal effects of the clause.

VFB LLC v. Campbell Soup Co

Court of Appeals for the Third Circuit · Apr 4, 2007

Even if, as VFB implies, the market was suffering from some “irrational exuberance” in establishing VFI’s stock price, that gives me no basis for second-guessing the value that was fairly established … That contention is clearly wrong.

Bender v. Williamsport Area School District

741 F.2d 538 · Court of Appeals for the Third Circuit · Jul 24, 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 … the Establishment Clause.

FMC Corp. v. US Dept of Comm.

Court of Appeals for the Third Circuit · Jul 5, 1994

In January 1942, an executive order established the WPB. … It is of course well established that the government waives only so much sovereign immunity as it has chosen to waive in clear and express language. See Un States v. Testan, 424 U.S. 392, 399 (1976).

Tunis Brothers Company, Inc. Richard N. De La Rigaudiere and David C. Smith v. Ford Motor Company Ford Motor Credit Company Wenner Ford Tractor, Inc. John S. Wenner John Watson Douglas N. Crawford Eugene W. Fraher E.S. Hasel Hugh Nickel Kenneth E. Harris C.W. Wenzel Ford Motor Company, Ford Motor Credit Company, and Wenner Ford Tractor, Inc., in No. 90-1797. Tunis Brothers Company, Inc. Richard N. De La Rigaudiere and David C. Smith, in No. 90-1816 v. Ford Motor Company Ford Motor Credit Company Wenner Ford Tractor, Inc. John S. Wenner John Watson Douglas N. Crawford Eugene W. Fraher E.S. Hasel Hugh Nickel Kenneth E. Harris C.W. Wenzel

952 F.2d 715 · Court of Appeals for the Third Circuit · Feb 12, 1992

It was established as a privately owned dealership by John Wenner, a former Parts Operations Manager for Ford in Michigan, in 1977. … Despite his assurances that plaintiffs would be approved, Nickel's New Dealer Prospecting Report stated that de la Rigaudiere and Smith were not qualified businessmen and did not have adequate financing to be approved for

Garden State Bar Ass'n v. Middlesex County Ethics Committee

643 F.2d 119 · Court of Appeals for the Third Circuit · Feb 24, 1981

After plaintiffs conducted extensive discovery, the court held hearings but concluded, after two days, that plaintiffs had failed to meet their burden of proof to establish that the case fell within the Dombrowski exception … Consumers Union, 446 U.S. 719 , 100 S.Ct. 1967 , 64 L.Ed.2d 641 (1980), the Court analyzed state bar disciplinary proceedings for the purpose of determining when immunity is appropriate.

United States v. Amos Salmon, No. 90-3355, Raymond E. Washington, No. 90-3363, Richard Fitzpatrick, No. 90-3366, John Surratt, No. 90-3438

944 F.2d 1106 · Court of Appeals for the Third Circuit · Sep 17, 1991

This notion, however, is unsupported by any established fact. … Nor was the court’s determination of Surratt’s offense level clearly erroneous.

Zettlemoyer v. Fulcomer

923 F.2d 284 · Court of Appeals for the Third Circuit · Jan 16, 1991

This unrestricted consideration of mitigating circumstances clearly meets the Eighth Amendment’s requirements. … Schneider or another professionally qualified witness respecting the pertinent mitigating circumstances. 143. Mr.

Beneficial v. Polonowicz

Court of Appeals for the Third Circuit · Feb 9, 1995

of the well-established injunction against recognizing a waiver of federal sovereign (..continued) Government authority or pursuant to the provisions of section 3413(l) of this title shall … it here asserts against the IRS, the facts that give rise to liability under that claim involve misrepresentations or deceit (..continued) Accordingly, a showing of a violation of federal law will not alone suffice to qualify

Imperial Car Distributors, Inc. v. Commissioner of Internal Revenue. Frederic Royston and Toby L. Royston v. Commissioner of Internal Revenue. Imperial Car Distributors, Inc. v. Commissioner of Internal Revenue

427 F.2d 1334 · Court of Appeals for the Third Circuit · Jun 23, 1970

We agree that the form of the transaction cannot create a tax immunity where it is designed to avoid legitimate taxation. But we hasten to echo the observation of the court in Edwards v. … In such a case, the burden is upon the taxpayer to establish the existence of true indebtedness rather than a disguised capital contribution. See P. M. Finance Corp. v.

United States v. Amirnazmi

645 F.3d 564 · Court of Appeals for the Third Circuit · May 13, 2011

Id. 46 litany of enumerated media that could qualify as “informational materials.” Id. … Quite clearly, Amirnazmi envisioned ChemPlan as being of singular functional utility to Iranian users.

DiCarlo v. St Mary Hosp

Court of Appeals for the Third Circuit · Jun 24, 2008

Judgment will only be granted where the moving party clearly establishes there are no material issues of fact, and that he or she is entitled to judgment as a matter of law. Id. … Relying on such a comparison, however, would directly contravene established New York law.

Jermont Cox v. Martin Horn

757 F.3d 113 · Court of Appeals for the Third Circuit · Aug 7, 2014

established federal law” and (2) “whether the Superior Court’s failure to remand to the trial court to conduct a hearing to determine whether [Cox] wanted to proceed pro se or with counsel establishe[d] cause to overcome … Rather, we have consistently articulated a more qualified position: that intervening changes in the law rarely justify relief from final judgments under 60(b)(6). See, e.g., Reform Party of Allegheny Cnty. v.

Burlington Northern Railroad Company v. Hyundai Merchant Marine Co., Ltd.

63 F.3d 1227 · Court of Appeals for the Third Circuit · Sep 20, 1995

Court of Claims, that time spent as a Naval Academy cadet during the Civil War qualified as “service] during the civil war”, entitling him to a pension enhancement under an applicable pension statute. … In a later case, which did not involve Moser, the Court of Claims changed its interpretation of the pension statute and concluded that service as a naval cadet did not qualify as “serv[ice] during the war” under the statute