Case law

United States v. State of Delaware Department o

66 F.4th 114 · Court of Appeals for the Third Circuit · Apr 21, 2023

Businesses that are experienced in establishing and managing captive insurance companies are called “captive managers.” (J.A. at 241 at ¶ 14.) … Callahan, 555 U.S. 223, 234-43 (2009) (loosening the rigidly ordered two-step analysis of the qualified immunity inquiry and allowing courts to begin with either step to prevent the misuse of “substantial expenditure[s] of

United States v. Fitzroy Calvin Brann. Fitzroy Brann

990 F.2d 98 · Court of Appeals for the Third Circuit · Mar 30, 1993

During this interview, Suid told Sprauve that he already had a drug transaction established that he could conduct with Brann. Sprauve authorized Suid to work with Brann. … We do not reach the question of whether house arrest can in fact qualify as pretrial detention. The issue of whether there has been proper credit of any prior custody to the term of Brann's sentence is not ripe.

Eaves v. County Of Cape May

239 F.3d 527 · Court of Appeals for the Third Circuit · Jan 24, 2001

In other words, according to Eaves, post-judgment interest accrues on an attorney's fee award "from the date establishing the right to the award, not the date of the judgment establishing its quantum." … The court stated that because the record "clearly indicated" that the award of attorney's fees was entered on June 24, 1988, post-judgment interest ran from that date.

James R. Hartley v. Sioux City and New Orleans Barge Lines, Inc

379 F.2d 354 · Court of Appeals for the Third Circuit · Jul 31, 1967

The Supreme Court of Pennsylvania held that it was necessary to establish that the cause of action itself arose out of acts or omissions of the foreign corporation within Pennsylvania in order that valid service could be … The court below held that this addition clearly indicated that the cause of action must be one arising from events occurring within Pennsylvania.

Joseph Aruanno v. Marcyves Maurice

Court of Appeals for the Third Circuit · Oct 30, 2019

Maurice filed a motion for summary judgment, arguing that no evidence in the record supported Aruanno’s claims for excessive force, and in the alternative, that he was entitled to qualified immunity. … Finally, Maurice argues that even if the incident occurred as alleged, he is entitled to qualified immunity.

Jeffrey Reiff v. Chad Marks

511 F. App'x 220 · Court of Appeals for the Third Circuit · Jan 22, 2013

Yet, as in Heller, the District Court here did not instruct the jury on a good faith or qualified immunity defense; the 4  Reiff’s briefs do not address Heller or any … Corp., 72 F.3d 326, 334 (3d Cir. 1995) (affirming district court’s decision not to draw adverse inference because it was not clearly erroneous to find that destruction of evidence was unrelated to lawsuit).

United States v. Rivera Construction Company. Appeal of Rivera Construction Co., Inc., in 88-5165. United States of America v. Joseph Rivera. Appeal of Joseph L. Rivera, in 88-5166

863 F.2d 293 · Court of Appeals for the Third Circuit · Jan 19, 1989

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.

American Bonding Co. v. United States

233 F. 364 · Court of Appeals for the Third Circuit · Jun 16, 1916

Clearly, therefore, the Department adopted August 2, 1913, as the date of final settlement, and so informed the subcontractors— among them, the firm by whom the suit was begun on February 4. … This rule is familiar, but of recent years the courts have qualified its application to companies that make a business of guaranty insurance.

Tounkara v. Atty Gen USA

112 F. App'x 849 · Court of Appeals for the Third Circuit · Nov 2, 2004

A central question in establishing the requisite “good faith” is whether the couple intended to establish a life together at the time they were married. Bark v. INS, 511 F.2d 1200 (9th Cir. 1975). … An alien may qualify for one of these waivers if he or she can demonstrate that “the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated . . . and the

Twin Disc, Incorporated, Cross-Appellant v. Big Bud Tractor, Inc., and Third-Party Cross v. Grad-Line, Incorporated, Third-Party

772 F.2d 1329 · Court of Appeals for the Third Circuit · Sep 5, 1985

Big Bud argues that Wisconsin law clearly allows recovery in tort of purely economic losses by one who is not an ultimate user or consumer, and Twin Disc and Grad-Line argue that Wisconsin law clearly provides to the contrary … Although the question is a close one, we affirm the district court’s finding that this is the kind of explicit course of conduct that qualifies as express assent.

The City of Bloomington, Indiana, the Utilities Service Board of Bloomington, Indiana, Monroe County, Indiana, and Indiana Public Interest Research Group (Inpirg), Proposed Intervening v. Westinghouse Electric Corp., Monsanto Company, United States of America, and the State of Indiana, the Environmental Management Board of the State of Indiana, Intervening and Indiana Public Interest Research Group (Inpirg), Proposed Intervening v. Westinghouse Electric Corp., and Third Party v. Monsanto Co., Third Party

824 F.2d 531 · Court of Appeals for the Third Circuit · Jun 19, 1987

Plaintiffs alleged that PCBs are extremely toxic chemicals which cause cancer, liver damage, suppression of the immune system, birth defects, and impairment of reproductive capacity in laboratory animals. … Thus, an examination of the initial factor in our analysis, the length of time the prospective intervenor knew or reasonably should have known of its interest before it petitioned to intervene (11 months), clearly establishes

Shiffler v. Schlesinger

548 F.2d 96 · Court of Appeals for the Third Circuit · Jan 12, 1977

Congress structured this decisionmaking by establishing procedural requirements in § 102(2)(C). … Although the claims it presses are environmental, the economic injury to its members qualifies as injury in fact. Sierra Club, supra, 405 U.S. at 737 & n.11, 92 S.Ct. 1361 .

United States v. Ninety-Two Thousand Four Hundred Twenty-Two Dollars & Fifty-Seven Cents

307 F.3d 137 · Court of Appeals for the Third Circuit · Sep 20, 2002

These payments could not have been payments for groceries because, as the affidavit clearly sets forth, these stores sold few if any groceries. … We reject the argument that this 11-month gap rendered the information in the affidavit so clearly stale that reasonable officers could not have believed that the warrant was valid.

T.R. v. School District of Philadelphi

4 F.4th 179 · Court of Appeals for the Third Circuit · Jul 9, 2021

Rohm & Haas Co., 655 F.3d 255, 264 (3d Cir. 2011) (“[I]t is well established that the class claims must be cohesive. . . . … Lin could bring the same IDEA claim from their complaint before a hearing officer who could then order that the School District provide each parent with translated IEPs, more qualified or consistent interpretation services

City of Pittsburgh v. West Penn Power Comp., D/B/A Allegheny Power Allegheny Power System, Incorporated Duquesne Light Company Dqe, Inc

147 F.3d 256 · Court of Appeals for the Third Circuit · Jun 12, 1998

The absence of antitrust injury and causal connection clearly defeat the City’s standing. … That does not mean that utilities are immune from antitrust liability. 21 However, in the .present case, the remedy that appellant seeks would require this court to assume the existence of a competitive situation.

Thomas Gage v. Wells Fargo Bank NA AS

Court of Appeals for the Third Circuit · Nov 2, 2023

Fox Rothschild LLP, 615 F.3d 159, 166 (3d Cir. 2010). 2 qualified immunity on Gage’s remaining claims relating to the enforcement of the fore- closure judgment and subsequent … The District Court denied the mo- tion, finding Gage’s largely conclusory allegations to be insufficient to establish fraud on the court. See D.Ct. ECF No. 52.

Michael Lasche v. State of New Jersey

Court of Appeals for the Third Circuit · Mar 1, 2022

The District Court determined that the allegations in the amended complaint were insufficient and granted the motion without addressing qualified immunity. … The individual-capacity defendants defend that ruling on both grounds, and they also raise a qualified-immunity defense.

United States v. Jermane E. Bonner

363 F.3d 213 · Court of Appeals for the Third Circuit · Mar 30, 2004

As there are many crimes which do not involve narcotics trafficking, an area could be one in which there is a high volume of crime, but does not qualify as a "high narcotics trafficking area." … that an area is a "high crime area" versus establishing an officer's good faith belief that it is one.

Pittsburgh Terminal Corp. v. Baltimore & Ohio Railroad

680 F.2d 933 · Court of Appeals for the Third Circuit · Jun 3, 1982

Vesco, 490 F.2d 1334, 1345 (2d Cir.), cert, denied, 417 U.S. 932 , 94 S.Ct. 2644 , 41 L.Ed.2d 236 (1974) (a dividend in kind of shares of a spun off corporation qualifies as a sale of securities). B. … Eisenhower did not participate in the December 13, 1977 meeting is not clearly erroneous; indeed it is not challenged. Thus the judgment in his favor must be affirmed.

James M. Berger v. United States Fidelity & Guaranty Company

834 F.2d 1154 · Court of Appeals for the Third Circuit · Nov 30, 1987

As the district court correctly observed, McDonald is clearly distinguishable. … Buffington, not his son Craig, and Craig clearly qualifies as an insured, the district court correctly held that the Fitchburg homeowner's policy excludes recovery in this case. 16 III.