Case law

City of Warren Police and Fire v. Prudential Financial Inc

70 F.4th 668 · Court of Appeals for the Third Circuit · Jun 13, 2023

Without any qualifiers or annotations, the identification of those amounts implied their adequacy as reserves. … If credited, the information 28 from FE1 would go a long way toward establishing the plausible falsity of Tanji’s statement.

Orville Taylor v. United States

711 F.2d 1199 · Court of Appeals for the Third Circuit · Jul 21, 1983

The BUPERSMAN article clearly does not fall within this category, and the Navy makes no such claim. … Thus, 32 C.F.R. § 700.1202 cannot be relied upon to establish the validity of the BUPERSMAN article. 5 d.

Commissioner of Internal Rev. v. Textile Mills S. Corp.

117 F.2d 62 · Court of Appeals for the Third Circuit · Dec 7, 1940

This act clearly contemplated an addition to the court as well as to the number of circuit judges in the circuit and confirms the construction of the statute, which we have adopted. … If a judge so designated is unable to attend or is disqualified to sit in a particular matter the senior circuit judge shall designate an active circuit judge to sit in his stead, or, if no active circuit judge is qualified

National Railroad Passenger Corporation, a District of Columbia Corporation v. Catlett Volunteer Fire Company, Incorporated Kevin A. Bell, Curator of the Estate of Mark Jay Miller, Deceased v. Southern Railway Company, Third Party

948 F.2d 1282 · Court of Appeals for the Third Circuit · Nov 4, 1991

948 F.2d 1282 NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited … Whether Catlett is immune from suit pursuant to Va.Code Ann. § 27-23.6? 8 b. Whether Miller has qualified immunity and can only be liable if his actions are found to constitute gross negligence?

DeSousa v. Reno

190 F.3d 175 · Court of Appeals for the Third Circuit · Aug 25, 1999

Although DeSousa’s convictions qualified as aggravated felonies, see 8 U.S.C. § 1101 (a)(43) (1990), he nevertheless would have been eligible for a waiver under the previous version of § 212(c) because he had served a prison … Thus, the Supreme Court in American-Arab clearly rejected the interpretation of § 242(g) that the Attorney General and INS advance here.

Goode v. City of Philadelphia

539 F.3d 311 · Court of Appeals for the Third Circuit · Aug 12, 2008

Clearly Dennis and Silver are distinguishable from this case. … That nonspecific statement is nothing more than a generalized grievance insufficient under Russell to establish standing.

The NEW JERSEY HOSPITAL ASSOCIATION, Appellant, v. William WALDMAN, Velvet Miller, Leonard Fishman

73 F.3d 509 · Court of Appeals for the Third Circuit · Dec 29, 1995

In order to qualify for federal financial support, a participating state must submit a “State Plan” or a change in payment methods and standards to the Health Care Financing Administration of the Department of Health and … We cannot say that this factual finding is clearly erroneous.

Chester v. Commissioner of Pennsylvania Department of Corrections

598 F. App'x 94 · Court of Appeals for the Third Circuit · Jan 29, 2015

We further stated that, “[cjlearly, a defendant who establishes that his attorney rejected a plausible defense because it conflicted with the interests of another client establishes not only an actual conflict but the adverse … We cannot say that the District Court clearly erred in this respect.

Arnold Dresden v. Norman A. Willock

518 F.2d 281 · Court of Appeals for the Third Circuit · Jun 13, 1975

Since there was no other possible purchaser, this hardly qualifies as a fair consideration for a fixed obligation of $200,000 increasing at the rate of $50,000 a year, and for the surrender to Dresden of effective deadlock … Clearly then, when it was *197 established that he received $564,000 of corporate funds which he commingled with his own, the burden of proof as to the propriety of the expenditures was on him.

Christine RUSH v. SCOTT SPECIALTY GASES, INC., Appellant

113 F.3d 476 · Court of Appeals for the Third Circuit · Jul 16, 1997

Rush contends, and Scott agrees, that it did not consider Rush for this promotion, explaining that in its view Rush was not qualified for this position. … There is authority that a trial court’s ruling on whether there is a continuing violation is reviewed on the clearly erroneous st&ndard.Calloway v.

Kaufman v. Trump's Castle Funding

7 F.3d 357 · Court of Appeals for the Third Circuit · Oct 14, 1993

That is, they insist that when a prospectus (such as this one) contains abundant warmings and cautionary statements which qualify the statements plaintiffs claim they relied upon, plaintiffs cannot, as a matter of law, contend … Here the context clearly and precisely relayed to the bondholders the substantial uncertainties inherent in the completion and operation of the Taj Mahal.

Cooper Laboratories, Inc. v. International Surplus Lines Insurance Company

802 F.2d 667 · Court of Appeals for the Third Circuit · Oct 6, 1986

Consequently, we agree that the physicians do not qualify as vendors within the meaning of the endorsement, and are not covered by ISLIC’s policy. *673 The hospital, however, did purchase the substance and kept it in its … Mathematical computation establishes that figure to be $190,000.

Grupo Protexa, S.A. v. All American Marine Slip

954 F.2d 130 · Court of Appeals for the Third Circuit · Jan 8, 1992

Relying on cases construing this standard policy language, Protexa argued that the Port Captain’s order alone established conclusively that the removal was “compulsory by law.” … This placement suggests that the language qualifies the duty imposed by the language preceding the proviso, i.e., the insured’s obligation not to “interfere in any negotiations” carried on by the insurer.

Prakash H. Patel and Shobha P. Patel, H/w v. Sun Company, Inc. And Lancaster Associates

63 F.3d 248 · Court of Appeals for the Third Circuit · Aug 21, 1995

appears established based upon the undisputed facts. … For the reasons stated by the court in Barnes, however, we cannot agree that a petroleum refiner/distributor should be able to pass on all or part of its obligations under the PMPA to a third party who does not qualify as

Patpanathan v. Attorney General United States of America

553 F. App'x 261 · Court of Appeals for the Third Circuit · Feb 4, 2014

The BIA asked the IJ to consider whether the brothers had established a well-founded fear of persecution and warranted asylum as a matter of discretion or qualified for withholding of removal. … To be sure, the BIA could have explained its rationale more clearly.

Government of Virgin Islands v. Brathwaite

782 F.2d 399 · Court of Appeals for the Third Circuit · Jan 21, 1986

But even leaving aside the content of Brathwaite’s and Ottley’s statements, we find that other evidence introduced at trial clearly showed that Brathwaite and Ottley were working closely together during the period June 12 … Likewise, we dismiss as spurious Ottley’s argument that the prosecution did not meet its burden of proof because the testimony of Grant and Brock was rendered *405 incompetent by the existence of qualifying words in their

Temple University v. White

941 F.2d 201 · Court of Appeals for the Third Circuit · Jul 30, 1991

To qualify for federal funding, a state must submit a state plan — a MAP — for approval by the Health Care Financing Administration (“HCFA”), of the Department of Health and Human Services. 42 C.F.R. § 447.200 (1990). … As to the inadequacy of legal remedies, the Eleventh Amendment bar to an award of retroactive damages against the Commonwealth, see Temple, 732 F.Supp. at 1327-28 , clearly establishes that any legal remedy is unavailable

United States v. Joseph F. O'Neill and Frank A. Scafidi

619 F.2d 222 · Court of Appeals for the Third Circuit · Mar 13, 1980

It is clearly inappropriate to invoke the work product protection for documents which were not the product of any attorney preparation, such as complaints filed by citizens, records of action taken by the Police Department … Thus, the relevance and need for the information sought in this case were established, and the inquiry must shift to the nature of protection from discovery claimed by the City. V.

Sulima v. Tobyhanna Army Depot

602 F.3d 177 · Court of Appeals for the Third Circuit · Apr 12, 2010

. § 12112(a) (2006).2 To establish a prima facie case of discrimination, a plaintiff must show (1) that he is disabled within the meaning of the ADA, (2) that he is otherwise qualified for the job, with or without reasonable … Sulima clearly specified to his employers that his problems were a result of a side effect from medication he was taking, and indicated that he could get his medication changed.

Mark Levy v. Sterling Holding Company, LLC National Semiconductor Corporation Fairchild Semiconductor International, Inc

314 F.3d 106 · Court of Appeals for the Third Circuit · Dec 19, 2002

In this case, however, the SEC has not set forth its interpretation clearly so our threshold challenge is to ascertain what in fact was its interpretation. … Indeed, the release clearly hedges on the point and thus supports a conclusion that some but not all reclassifications are exempt from section 16(b)’s restrictions.