Case law

Abrams v. Lightolier Inc.

50 F.3d 1204 · Court of Appeals for the Third Circuit · Mar 24, 1995

There we stated that "in ADEA cases that do not qualify for a burden shifting charge under Price Waterhouse v. … The charge clearly required a showing that age was a determinative factor and explained that this meant a showing of but-for cause was needed.

Pittsburgh-Buffalo Co. v. Cheko

204 F. 353 · Court of Appeals for the Third Circuit · Apr 21, 1913

The verdict establishes the fact that in this matter there was negligence — in what -particular it is not important to note — on the part of one or more persons on the company’s pay roll. … In-doted. if he is a competent mine foreman, which the law presumes him to be, he is better qualified to do all of these things than any one else.

Doe v. Beal

523 F.2d 611 · Court of Appeals for the Third Circuit · Jul 21, 1975

If the plaintiffs’ physicians do not approve their desired abortions, such abortions will not qualify under Title XIX. … The procedures, with their requirements for examination by two additional physicians, as well as the physician of each plaintiff, etc., are clearly not supported by the above Memorandum.

United States v. Louis Lopez, Jr., United States of America v. Hernan Navarro, United States of America v. Juan Crispin, United States of America v. Delroy Josiah

271 F.3d 472 · Court of Appeals for the Third Circuit · Oct 24, 2001

The evidence here clearly establishes that it was. … Here, Crispin's knowledge is well established in the record based on Pemberton's testimony that Crispin told him that the gun was under the seat. 79 Clearly, the jury could have rationally found that the government established

United States v. Kenneth Townsend

664 F. App'x 202 · Court of Appeals for the Third Circuit · Nov 17, 2016

We conclude that the Court did not clearly err in crediting those remarks and will therefore affirm. I. Background A. … As for Gaston’s hearsay statements, it is well established that out-of-court statements may be relied upon during sentencing as long as they have “sufficient indicia of reliability.” United States v.

Max Daetwyler Corp., a New York Corporation v. R. Meyer, a West German Corporation. Appeal of Rolf Meyer

762 F.2d 290 · Court of Appeals for the Third Circuit · Jun 18, 1985

Denckla, 357 U.S. 235, 257 , 78 S.Ct. 1228, 1241 , 2 L.Ed.2d 1283 (Restrictions on state jurisdiction “are more than a guarantee of immunity for inconvenience or distant litigation. … Otherwise, a plaintiff’s unilateral activity might suffice to establish personal jurisdiction over an alien defendant.

Wilson v. United States

59 F.2d 390 · Court of Appeals for the Third Circuit · May 20, 1932

Some authorities have recognized an exception to, or qualification of, the above rule, where the name of the informer might establish, or tend to establish, in a criminal ease, the innocence of tho accused. … The qualified rule, if applicable to a corporation, did not apply because the name of the in-! former was not material to the determination of the league’s innocence.

McSparran v. Weist

402 F.2d 867 · Court of Appeals for the Third Circuit · Oct 2, 1968

The focus of the rule is on capacity to sue, and it does not purport to establish standards for the determination of diversity of citizenship. … Sunburst Oil & Refining Co., 287 U.S. 358 , 53 S.Ct. 145 , 77 L.Ed. 360 (1936)), and recently has restricted to prospective application some of its decisions on questions of constitutional law, an area long considered as much immune

Joe Paszkowski v. Roxbury Township Police Depart

581 F. App'x 149 · Court of Appeals for the Third Circuit · Sep 16, 2014

Appellees filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), or, in the alternative, a motion for summary judgment on the basis that they were entitled to qualified immunity. … R. 3:3-1(c)(3). 5 omitted facts “and then determine whether or not the ‘corrected’ warrant affidavit would establish probable cause.” Id. at 789.

In Re Marjorie Jo Faish, Debtor. Pennsylvania Higher Education Assistance Agency v. Marjorie Jo Faish

72 F.3d 298 · Court of Appeals for the Third Circuit · Jan 16, 1996

The Brunner test is the most logical and workable of the established tests. … Additionally, Faish’s degree qualifies her for promotion and/or more favorable employment. In re Faish, No. 93-01686, slip op. at 5 (Bankr.M.D.Pa. July 12, 1994). .

William Nezowy v. United States

723 F.2d 1120 · Court of Appeals for the Third Circuit · Dec 21, 1983

II. 5 As a preliminary matter, we observe that, contrary to Nezowy's contention, there was clearly sufficient evidence to support these convictions. … Unlike the previously mentioned testimony of "authorization," this evidence is clearly exculpatory.

Norma Andalis Bagamasbad v. Immigration and Naturalization Service

531 F.2d 111 · Court of Appeals for the Third Circuit · Mar 8, 1976

Naturalization Service developed the practice of pre-examination, whereby under an agreement with Canada, eligible immigrants were exam *117 ined by immigration officers in the United States, and when their admissibility was established … Such a discretionary determination is immune from attack unless it is shown to be clearly arbitrary.

Hill v. Reederei F. Laeisz

Court of Appeals for the Third Circuit · Jan 31, 2006

Translating appellate opinions into jury instructions is a notoriously difficult undertaking, and we take note of the fact that the District Court clearly read and attempted to apply Kirsch. … Congress has made stevedores immune from suit in longshoremen’s injury cases, and that leaves the ship as the sole defendant.

Ranger Insurance Company v. General Accident Fire and Life Assurance Corporation, Ltd.

800 F.2d 329 · Court of Appeals for the Third Circuit · Sep 30, 1986

Rossi, to whom General had issued a comprehensive injury policy, requested that the court declare her the common-law wife of Gaylor, presumably so as to qualify her for a share of the proposed settlement. … Yet, it clearly was in Ranger’s interest that the court grant Rossi’s petition.

Owens v. Aetna Life & Casualty Co.

654 F.2d 218 · Court of Appeals for the Third Circuit · Jun 29, 1981

As an initial matter, I believe that the record is totally inadequate to support the inference that market division of the type alleged here is clearly one of the activities prohibited by the New Jersey statute. … The circumstances of plaintiffs business establish that any injury to him was remote and indirect. .

United States v. Robert Keszey

643 F. App'x 153 · Court of Appeals for the Third Circuit · Mar 3, 2016

reveals that Wilkins was not qualified to testify on Defendants’ proposed topics as an expert witness. … Evid. 611(b). 12 To establish that a witness is qualified as an expert, we require a three-part showing under Rule 702: (1) the proffered witness must be an expert, i.e., must be qualified; (2) the expert must testify

Silva-Rengifo v. Atty Gen USA

Court of Appeals for the Third Circuit · Jan 9, 2007

Therefore, we find he has made a prima facie case of a well-founded fear of persecution to qualify for asylum. … under Article 3 of the [Convention], subject to any reservations, understandings, declarations, and provisos contained in the United States Senate resolution of ratification of the 7 That condition is clearly

Irvin S. Lieberman, and All Others Similarly Situated v. Cambridge Partners, L.L.C. J.B. Hanauer & Co. L-3 Communications Corp. v. Wayne Clevenger, Larry Colangelo, John Fleury, Edward Gorman, Midmark Capital, L.P., Midmark Associates, Inc., Milan Resanovich, Joseph Robinson and Paul Tischler

432 F.3d 482 · Court of Appeals for the Third Circuit · Dec 27, 2005

1-and-3-year limitations scheme for private securities fraud actions, previously established by the Supreme Court in Lampf. … clearly prescribed the relevant temporal scope.

West Penn Allegheny Health System, Inc. v. UPMC

627 F.3d 85 · Court of Appeals for the Third Circuit · Nov 29, 2010

The plaintiffs thus failed to establish antitrust injury. Id. at 487-89. … improperly transform the limitations statute from one of repose to one of continued immunity.

United States v. Hitham Abuhouran A/K/A Steve Houran

161 F.3d 206 · Court of Appeals for the Third Circuit · Nov 19, 1998

Under § 5K2.0, a district court “may impose a sentence outside the range established by the applicable guidelines” in exceptional cases. U.S.S.G. § 5K2.0. “The Guidelines ... … Second, he claims that no other provision is immune from the statutory departure provision, 18 U.S.C. § 3553 (b).