Case law

Delaware Ins. Co. of Philadelphia v. S. S. White Dental Mfg. Co.

109 F. 334 · Court of Appeals for the Third Circuit · May 22, 1901

It could not suddenly depart from the unbroken custom, that had been so long established, without previous notice of its intention so to do.” … In the course of his opinion, Dewey, J., in reciting the facts of the case, distinguishes it clearly from E. Carver Co. v. Manufacturers’ Ins. Co.

United States v. Corey Grant

887 F.3d 131 · Court of Appeals for the Third Circuit · Apr 9, 2018

Grant clearly argued that the District Court was required to resentence de novo on all counts. … Furthermore, the specific circumstances of this case clearly favor the application of the sentencing package doctrine.

Doe v. Indian River School District

653 F.3d 256 · Court of Appeals for the Third Circuit · Aug 5, 2011

Two members are elected by the qualified electors of each district. Id. § 1068(b), (g). Board members are unpaid. Id. § 1046. … The Establishment Clause Our starting point, naturally, is the Establishment Clause of the First Amendment.

United States v. Carl D. McBane

433 F.3d 344 · Court of Appeals for the Third Circuit · Dec 30, 2005

The record clearly establishes that McBane sold the rifle. As we have indicated, our standard of review precludes us from assessing the credibility of Smith’s testimony. … Most clearly, the Ninth Circuit, citing and discussing the above language from Kungys in United States v.

United States v. Charles Harris, in Nos. 73-2041, 2046 and Harold Young. Appeal of Harold E. Young, in Nos. 73-2040, 73-2045. United States of America v. Alvin E. Young, in No. 73-2043. Appeal of Harvey Johnson, in No. 73-2042

498 F.2d 1164 · Court of Appeals for the Third Circuit · Jul 12, 1974

I think you can get to the point clearly and promptly and unequivocally.' The court also stated that in light of what it termed Mr. … Although this latter phrase clearly referred to the Government's inability to promise Ms.

Super Tire Engineering Co. v. McCorkle

550 F.2d 903 · Court of Appeals for the Third Circuit · Feb 25, 1977

We do not find this decision persuasive because it totally overlooks the fact that in order to qualify for unemployment compensation a striker must be available for, and actively seeking work. … City of Memphis, 20 Wall. 590 , 22 L.Ed. 429 (1875), which established the principle that the Supreme Court will not review for federal error the judgments of state courts that rest upon independent and adequate state grounds

Piper v. Portnoff Law Associates, Ltd.

396 F.3d 227 · Court of Appeals for the Third Circuit · Jan 31, 2005

The Plaintiffs argued that the delinquent water and sewer bills qualified as debt under the FDCPA, and, therefore, PLA's attempts to collect those debts are governed by the requirements of the FDCPA. … Heiberger & Associates, 163 F.3d 111 (2d Cir.1998), the defendant had sent a notice required by a summary proceeding established by New York law to recover possession of real property from a tenant who owed back rent.

Zhiqian Wei v. Attorney General of the United States

169 F. App'x 143 · Court of Appeals for the Third Circuit · Mar 3, 2006

Whether an applicant has demonstrated a well-founded fear of future persecution and qualifies for asylum, withholding of removal, or relief under CAT, is generally a factual determination, which this court will review under … determination pouch and the spiritual, nonscientific basis for its effectiveness that the Petitioner and her colleague her engaged in "blatant trickery,” "a consumer rip-off,” and "promoting the use if magic in a pouch” that "quite clearly

John O'neill v. City Of Philadelphia

32 F.3d 785 · Court of Appeals for the Third Circuit · Aug 5, 1994

Clearly, it is. See Williams v. … expansion of the Younger abstention doctrine is clearly unwarranted.

EI DuPont de Nemours v. United States

Court of Appeals for the Third Circuit · Nov 20, 2007

Section 120 CERCLA § 120(a)(1) contains a waiver of the United States’ sovereign immunity. 42 U.S.C. § 9620(a)(1). … Co., 416 F.3d 214, 219-20 (3d Cir. 2005).4 On review, we construe all facts and inferences in the light most favorable to the non-moving party, and “[j]udgment will not be granted unless the movant clearly establishes there

John Rodriguez v. Natl City Bank

726 F.3d 372 · Court of Appeals for the Third Circuit · Aug 12, 2013

That amendment “was designed to function as an additional requirement, not a superseding direction” respecting the class-qualifying criteria of Rule 23(a) and (b). Amchem, 521 U.S. at 621. … The Supreme Court concluded that that evidence was insufficient to establish commonality.

Alfred Blasband v. Steven M. Rales Mitchell P. Rales John Doe 1-10 Danaher Corporation, Alfred Blasband, Derivatively on Behalf of Danaher Corporation

971 F.2d 1034 · Court of Appeals for the Third Circuit · Jul 31, 1992

legal standard is well established. … This is why Blasband is incorrect in stating that the district court has established a "departure from established law" in looking to the time of the filing of the complaint.

Becton Dickinson & Co. v. Wolckenhauer

215 F.3d 340 · Court of Appeals for the Third Circuit · Jun 6, 2000

Section 7426 clearly constitutes a waiver of sovereign immunity. … Williams, 514 U.S. 527, 531 (1995) (holding that when confronted with a purported waiver of the federal government's sovereign immunity, the Court will "constru[e] ambiguities in favor of immunity"); United States v.

United States v. Various Articles of Merchandise, Schedule No. 287 Alessandra's Smile, Inc.

230 F.3d 649 · Court of Appeals for the Third Circuit · Oct 23, 2000

Therefore, we are obliged to review independently the record to determine whether the District Court curtailed protected speech in its determination that the magazines were obscene. 1 *653 As we have stated, Bose Corp. established … These magazines qualify for First Amendment protection because of their political value.

United States v. Brownlee

Court of Appeals for the Third Circuit · Jul 18, 2006

These facts notwithstanding, the totality of the circumstances establish that the identifications were reliable. … The hazards of such testimony are established by a formidable number of instances in the records of English and American trials.

Alexander v. Polk

750 F.2d 250 · Court of Appeals for the Third Circuit · Dec 17, 1984

Whatever may be the merits of the first proposition, the second position is clearly flawed. … The district court's ultimate finding of fact, assessed in light of these prior events, is not clearly erroneous. C.

Hassine v. Jeffes

846 F.2d 169 · Court of Appeals for the Third Circuit · Apr 29, 1988

(“the plaintiff’s attorney must be qualified, experienced, and generally able to conduct the proposed litigation ... and ... must not have interests antagonistic to those of the class”), cert. denied, 421 U.S. 1011 , 95 S.Ct … Although Rule 23 establishes these two prerequisites as separate and distinct, the analyses overlap, and therefore these concepts are often *177 discussed together. E.g., Droughn v. F.M.C.

Hennebique Const. Co. v. Myers

172 F. 869 · Court of Appeals for the Third Circuit · Aug 19, 1909

Francis Forbes would readily accept the arrangement if it be clearly understood that it should not have a retroactive effect in his country. … This establishes the principle of independence as to incidents, notably lapses and nullities, which may occur after the issuance of the patents ; but the internal law can freely fix the normal duration of the patent taken

Limbach Company v. Sheet Metal Workers International Association, Afl-Cio and Sheet Metal Workers International Association, Local Union No. 108

949 F.2d 1241 · Court of Appeals for the Third Circuit · Dec 6, 1991

In fact, the holding of Deklewa prohibiting the unilateral repudiation of the agreement clearly refutes such a stance. … the Board has now made clear in Local Union No. 80, in Deklewa it was not concerned with and did not decide whether a section 8(f) union’s actions which were consistent with its bargaining responsibilities “would also be immune

Estate of Peter Lee Williams v. George Ponik

Court of Appeals for the Third Circuit · Aug 24, 2020

Finally, Officer Ponik admitted that no one was hostile, aggressive or resisting arrest. 15 In the alternative, Appellees assert that they are entitled to qualified immunity. … But a decision on qualified immunity would be premature because “there are unresolved 13 App. 100. 14 App. 106. 15 See Santini v.