Case law

Hermann F. And Madeleine Dupont Ruoff v. Commissioner of Internal Revenue

277 F.2d 222 · Court of Appeals for the Third Circuit · Apr 6, 1960

On September 23, 1948, taxpayer was the life beneficiary of the income of a trust established by herself in 1927 for her own benefit and that of her sons as remaindermen. … Selig, 5 Cir., 1952, 200 F.2d 487, 488 , taxpayer, a widow, sued to establish her joint ownership of property held in the name of her deceased husband.

Federal Deposit Insurance Corporation v. The Aetna Casualty & Surety Company v. Jacob F. Butcher Jesse A. Barr and Lionel B. Wilde, Third-Party

947 F.2d 196 · Court of Appeals for the Third Circuit · Jan 24, 1992

Rather, it held that there was a factual question, i.e., “the record [did] not demonstrate clearly ... corporate control by the malefactors.” 381 F.2d at 251 . … Therefore, treating the FDIC as a holder in due course creates an enormous disruption of established commercial relationships predicated on state law.

Vanessa Abraham, in Her Own Right and as Administratrix of the Estate of Robert Abraham, Deceased, and on Behalf of Robert Christopher Abraham, Jr., Labreea Von Abraham and Taquan Carey, the Minor Children of Decedent Cna Insurance Company (Intervenor-Plaintiff in d.c.) v. Kimberly Raso, Badge No. 243, Individually and in Her Official Capacity as a Township of Cherry Hill Police Officer the Township of Cherry Hill Cherry Hill Center, Inc. The Rouse Company of New Jersey, Inc. The Rouse Company MacY East Inc. Liberty Mutual Insurance Company (Intervenor-Defendant in d.c.) Kimberly Raso Joris Hoogendoorn v. The Estate of Robert C. Abraham, Deceased Vanessa Abraham, Administratrix of the Estate of Robert C. Abraham Vanessa Abraham, Individually MacY Department Store John Doe(s), a Fictitious Name or Names, Jointly Severally or in the Alternative Vanessa Abraham, in Nos. 98-5405. Kimberly Raso Joris Hoogendoorn, in Nos. 98-5406

183 F.3d 279 · Court of Appeals for the Third Circuit · Jul 26, 1999

Abraham was pronounced dead upon arrival at Cooper Hospital. 32 To establish Cherry Hill's liability under Monell v. … We do not read this case as forbidding courts from examining circumstances leading up to a seizure, once it is established that there has been a seizure.

Public Interest Research Group of New Jersey, Inc. v. Magnesium Elektron, Inc.

123 F.3d 111 · Court of Appeals for the Third Circuit · Aug 5, 1997

PIRG and FOE obtained a declaratory judgment from a New Jersey District Court establishing that they had standing to prosecute their action against MEI. See PIRG v. … This, of course, is not to say that MEI is immune from liability for future violations of the monitoring and reporting requirements contained in its NPDES permit.

United States v. Shantell Jones

552 F. App'x 185 · Court of Appeals for the Third Circuit · Jan 14, 2014

Pointing to the Information, the Government argued it had sufficiently established that Jones’s conviction qualified as a predicate offense for purposes of the career offender enhancement. … Both specifically and clearly provide that Jones pled no contest to the offense “as charged” in the Information.4 In view of the record now before us, resolution of this appeal is straightforward.

Strick Corporation, Appellant/cross-Appellee v. United States of America, Appellee/cross-Appellant

714 F.2d 1194 · Court of Appeals for the Third Circuit · Aug 2, 1983

There is no evidence in the record to support any such conclusion and such a result would clearly be beyond common dealings in the business world. … The court was of the opinion that this statement “clearly contemplates a situation where the sales price is above cost.” Id. at 453 n. 7.

Muttaqin Abdullah v. Miller

673 F. App'x 135 · Court of Appeals for the Third Circuit · Dec 13, 2016

Defendants also argued that summary judgment was appropriate because they were entitled to qualified 2 immunity. … The Bureau of Prisons (BOP) has established a multi-tier system whereby a federal prisoner may seek formal review of any aspect of his imprisonment. See 28 C.F.R. §§ 542.10-542.19.

Standard Oil Co. v. Montedison, S.p.A.

664 F.2d 356 · Court of Appeals for the Third Circuit · Oct 14, 1981

Fox was not sufficiently familiar with crystalline polypropylene in 1953 to be qualified to testify as to the state of that art. … Other repetition evidence establishes that Phillips’ 1953 application inherently disclosed the crystalline polypropylene of the count.

Babcock & Wilcox Company v. Arkwright-Boston Manufacturing Mutual Insurance Co.

53 F.3d 762 · Court of Appeals for the Third Circuit · Aug 4, 1995

This definition is the center of controversy due to the "buffer layer" established in the policy. … If we find in favor of Babcock, the record clearly indicates they have paid more than $2.5 million.

Justofin v. Metropolitan Life Insurance

372 F.3d 517 · Court of Appeals for the Third Circuit · Jun 25, 2004

Justofiris treatment, along with his prescription of Prednisone, in her 1999 application so qualified. In Pennsylvania, a false representation includes omission of an insured’s medical information. See Grimes v. … The record before us, however, does not clearly establish that Loretta even had rheumatoid arthritis or that her use of Prednisone was to treat her presumably rheumatoid condition. 11 Therefore, a jury must determine whether

United States v. Lennon

Court of Appeals for the Third Circuit · Jun 16, 2004

In conviction would not have met the order to establish, therefore, that the Ex definition of “aggravated felony” under Post Facto clause requires the application the 1993 Guidelines because it was … INS agents until 1976 and not reference to Lennon’s “re-entry,” the indicted—under Section 1326's “found in” indictment clearly

William B. Richardson v. United States of America

465 F.2d 844 · Court of Appeals for the Third Circuit · Jul 20, 1972

There, qualified voters from certain Tennessee counties brought an individual and class action to invalidate the apportionment of the state general assembly. … Second, Article I, Section 6 “will not qualify as a Constitutional provision restricting the taxing and spending power * * 313 F.Supp. at 1286 .

United States v. Rivera Construction Co.

863 F.2d 293 · Court of Appeals for the Third Circuit · Dec 15, 1988

A hearing was scheduled for January 5, 1988, and a briefing schedule was established. App. at 860a. … If the district court’s factual conclusions are at issue, then a clearly erroneous standard is appropriate. United States v. Theron, 782 F.2d 1510 , 1512 n. 1 (10th Cir.1986); United States v.

United States v. Kareem Bailey

840 F.3d 99 · Court of Appeals for the Third Circuit · Oct 18, 2016

This evidence establishes several important Gibbs factors. … This evidence is clearly sufficient to establish each of the defendants’ membership in the charged conspiracy beyond a reasonable doubt, and their protestations to the contrary are unpersuasive.32 B.

Aleka Ruggiero v. Mount Nittany Medical Center

Court of Appeals for the Third Circuit · Jun 5, 2018

[Plaintiff] understands the risks of not getting this immunization. (Id. at 98.) Dr. … To establish a claim of disability discrimination, a plaintiff must show that she: “(1) . . . is a disabled person within the meaning of the ADA; (2) . . . is otherwise qualified to perform the essential functions of the

No. 17182

422 F.2d 43 · Court of Appeals for the Third Circuit · Feb 17, 1970

Whether to award relief to qualified applicants has been confided by Congress to the discretion of the Attorney General. 7 Thus the case presents the very narrow issue: was discretion to suspend petitioner's deportation exercised … 8 The answer is clearly in the negative. 15 None of the reasons for the relief advanced by petitioner achieved a greater level than the thrust of his plea that his economic well being would be adversely affected by his deportation

Buono Sales, Inc., in 18,911 v. Chrysler Motors Corporation, in 18,912. Appeal of Chrysler Corporation, in 18,913

449 F.2d 715 · Court of Appeals for the Third Circuit · Sep 21, 1971

Based upon our examination of the record, we do not consider this finding to be clearly erroneous within the meaning of Rule 52(a) of the Federal Rules of Civil Procedure. … He is best qualified to give your DeSoto the genuine factory-approved service it deserves.”

New Jersey Air National Guard v. Federal Labor Relations Authority

677 F.2d 276 · Court of Appeals for the Third Circuit · May 11, 1982

This provision is qualified, however: it does not preclude the negotiation of "procedures which management officials of the agency will observe in exercising any authority under this section." Id. § 7106(b)(2). … "The courts are not at liberty to pick and choose among congressional enactments, and when two statutes are capable of co-existence, it is the duty of the courts, absent a clearly expressed congressional intention to the

S.F.H., Inc. (Formerly Sam Fortas Housefurnishing Company, Inc.) v. Commissioner of Internal Revenue

444 F.2d 139 · Court of Appeals for the Third Circuit · May 28, 1971

year ended June 30, 1962, 3 it was, on the latter date, required by Section 382(a) (1) (C) “to carry on a trade or business substantially the same as that conducted before” the stated change in its ownership, in order to qualify … There remains for disposition the taxpayer’s contention that the legislative history of Section 382 establishes that “this section is inapplicable here.”

Leroy Buhl v. Mr. Cooksey, Warden Attorney General of the State of New Jersey

233 F.3d 783 · Court of Appeals for the Third Circuit · Dec 1, 2000

We realize, of course, that the record establishes that Buhl had represented himself before. In addition, Buhl was clearly “street-smart,” and had some technical legal knowledge. … At a subsequent pre-trial hearing, defendant renewed his request to “assist” counsel at his trial rather than conduct his own defense because he realized he was not qualified to proceed pro se.