Case law

Lisa Michelle Lambert v. Charlotte Blackwell, Mrs., Superintendent the Attorney General of the State of Pennsylvania

134 F.3d 506 · Court of Appeals for the Third Circuit · Jan 26, 1998

Whether, in fact, state ease law exists which establishes unequivocally that state relief is precluded would depend on the particular facts of the case. … request for supplemental discovery of Richard Klein-hans was not granted; Error not to grant a mistrial when the prosecution withheld evidence that a jergo was discarded and that they were aware of its location; Error to qualify

Perfectform Corporation v. Perfect Brassiere Co., Inc.

256 F.2d 736 · Court of Appeals for the Third Circuit · Jul 9, 1958

This is clearly wrong in fact. It will be set aside. … He even qualified this by prefixing “If plaintiff’s registered mark has any status as a trade-mark or trade-name * * *j> 'Whether the mark is “very weak” or not may or may not be important.

CSX Trans Co v. Novolog Bucks Cty

Court of Appeals for the Third Circuit · Sep 5, 2007

We take as our starting point two well-established and oft- repeated principles. … In remanding, the Court of Appeals did not strictly rule out the possibility that South Tec might in fact qualify as a consignee under the statutory provision, but it intimated that, without more, the facts then in the record

Kach v. Hose ex rel. St. Moritz Security Services, Inc.

589 F.3d 626 · Court of Appeals for the Third Circuit · Dec 23, 2009

We disagree that Hose qualifies as a state actor under the first test. In Rendell-Baker v. … We do not foreclose the possibility that, under other circumstances, a private security guard employed in a public school could qualify as a state actor. .

77 Fair empl.prac.cas. (Bna) 1242, 72 Empl. Prac. Dec. P 45,083 Cheryl Bonenberger v. Plymouth Township Joseph La Penta, Sergeant, Plymouth Township Police Department

132 F.3d 20 · Court of Appeals for the Third Circuit · Dec 17, 1997

We must also apply our precedent in Title VII sexual harassment cases, reaffirming the established distinction between quid pro quo and hostile work environment claims. … Clearly, an employer should not be permitted to evade so easily the statutory protections against discrimination.

Khodara Environmental, Inc., General Partner, on Behalf of Eagle Environmental, L.P. v. Steven Beckman Federal Aviation Administration Clearfield-Jefferson Counties Regional Airport Authority Donald R. Johnson Paul Sekula William Miksich Frederick G. Murray Tim Morgan Robert E. Reitz Henry Deible Paul McMillen Mark McKinley Jane F. Garvey Jefferson County Pine Creek Township (Intervenor-Defendants in d.c.) Federal Aviation Administration, in No. 99-3458 Khodara Environmental, Inc., General Partner Acting on Behalf of Eagle Environmental, L.P., (Collectively "Eagle"), in No. 99-3465 Steven Beckman, in No. 99-3475

237 F.3d 186 · Court of Appeals for the Third Circuit · Jan 17, 2001

Beckman filed a motion in which he renewed his previous arguments concerning standing and ripeness, and further argued that he was entitled to summary judgment on the basis of Eleventh Amendment immunity. … The Court of Appeals for the District of Columbia Circuit recently addressed this same question, and we find its reasoning persuasive: 44 Clearly, the passage of new legislation represents voluntary action, and thus on its

United States v. Jackson

649 F.2d 967 · Court of Appeals for the Third Circuit · May 22, 1981

In any event, the points in the quoted portion of the court’s statement were clearly sufficient to support the sentence. … The court considered that he could not be ordered to testify unless he was granted immunity; and since the government was not prepared to take such action, the witness was excused. .

Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc.

342 F.3d 191 · Court of Appeals for the Third Circuit · Aug 26, 2003

If a new work is used commercially rather than for a nonprofit purpose, its use will less likely qualify as fair. Campbell, 510 U.S. at 585. … There is, however, a well-established patent misuse doctrine, see, e.g., Morton Salt Co. v. G.S. Suppiger Co., 314 U.S. 488 (1942); W.L. Gore & Assocs., Inc. v.

United States v. Martinez-Zayas

857 F.2d 122 · Court of Appeals for the Third Circuit · Aug 31, 1988

Senator Domenici stated that the use of illicit drugs "is clearly one of the biggest threats facing our society." Id. at 14282 (daily ed. September 30, 1986). … Sec. 994 , establishing sentencing guidelines and appellate review of sentences.

Pan-Alaska Fisheries, Inc., a Corporation, and Ids Leasing Corporation, Pan-Alaska Fisheries, Inc. v. Marine Construction & Design Co., a Corporation, Northern Commercial Company, a Delaware Corporation, D/B/A N. C. Marine, and Caterpillar Tractor Company, a Corporation, Northern Commercial Company, a Delaware Corporation, D/B/A N. C. Marine, Third-Party v. Fram Corporation, a Foreign Corporation Doing Business in the State of Washington, Third-Party

565 F.2d 1129 · Court of Appeals for the Third Circuit · Dec 13, 1977

We hold that strict products liability actions have become sufficiently well-established to justify its being incorporated into the law of admiralty. … Clearly, Marco does not fit here because the purchase, sale and installation of the engine were part of Marco's business.

Walter Bachowski v. Peter Brennan, Secretary of Labor, United States Department of Labor Andunited Steelworkers of America

502 F.2d 79 · Court of Appeals for the Third Circuit · Sep 3, 1974

The burden of establishing such exclusion, however, is on the defendants. See Abbott Laboratories v. Gardner, 387 U.S. 136, 140-141 , 87 S.Ct. 1507 , 18 L.Ed. 2d 681 (1967). … Two of these reasons are clearly applicable to the instant case: facilitating judicial review and assuring careful administrative consideration.

Agathos v. Starlite Motel

977 F.2d 1500 · Court of Appeals for the Third Circuit · Oct 28, 1992

As to each unreported employee, Starlite may avoid contributions only by establishing that the employee no longer has a colorable claim for benefits. … An employee has no colorable claim if a plan would not properly entertain the claim because it is time-barred, the employee has ceased working for Starlite and therefore no longer qualifies, or federal labor law precludes

Alcaraz-Villamil v. Atty Gen USA

Court of Appeals for the Third Circuit · Jun 6, 2008

However, the statute is clearly written in the disjunctive, not in the conjunctive. … Since Alcaraz’s May 2003 offense is a conviction for purposes of § 1229b(a)(2), 2 he has never established the 7-year period of continuous residence or continuous physical

Stull v. School Board of the Western Beaver Junior-Senior High School

459 F.2d 339 · Court of Appeals for the Third Circuit · Apr 13, 1972

As well said by Judge Cooley: ‘The right to one’s person may be said to be a right of complete immunity; to be let alone.’ ” Union Pacific Railway Co. v. … Goldberg concurring), it clearly exists and is applicable to the states through the due process clause of the fourteenth amendment.”

Trostle v. Centers for Medicare & Medicaid Services

709 F. App'x 736 · Court of Appeals for the Third Circuit · Oct 5, 2017

CMS moved for dismissal on several grounds, including sovereign immunity and lack of subject matter jurisdiction. … Indeed, this legislation established the right of CMS to be subrogated to the tort recovery. See 42 U.S.C. § 1395y(b)(2)(B)(i)-(iv).

Diaz v. Commissioner of Social Security

577 F.3d 500 · Court of Appeals for the Third Circuit · Aug 12, 2009

If the impairment, or combination of impairments, meets or equals the criteria of the Listing and meets the duration requirement, the claimant qualifies as disabled. … In Burnett , we held that an ALJ must clearly set forth the reasons for his decision. 220 F.3d at 119 .

James J. Andrien, in No. 90-5622 v. Southern Ocean County Chamber of Commerce Manahawkin Newspapers, Inc. William Sherry, T/a Surf Printing, in No. 90-5622. James J. Andrien, in No. 90-5623 v. Joseph W. Inman and Inman Realty, in No. 90-5623

927 F.2d 132 · Court of Appeals for the Third Circuit · Apr 3, 1991

The record, however, did not establish that Andrien was A & H's employer or that a written agreement existed, and therefore the map was not a work-for-hire. See 17 U.S.C. … According to the House Report, these recordings "are clearly within the scope of the 'writings of an author' capable of protection." H.R.Rep.

Michele Curay-Cramer v. The Ursuline Academy Of Wilmington, Delaware, Inc.

450 F.3d 130 · Court of Appeals for the Third Circuit · Jun 7, 2006

A general complaint of unfair treatment is insufficient to establish protected activity under Title VII. Id. ; Dupont-Lauren v. … As a third alternative basis, she alleges that she was a qualified Religion teacher who was replaced by a male.

United States v. Jason Moreno

809 F.3d 766 · Court of Appeals for the Third Circuit · Jan 5, 2016

“First, a court should determine whether the contested statement by an out-of-court declarant qualifies as testimonial under Davis [v. Washington, 547 U.S. 813 (2006)] and its progeny.” … This alone would be sufficient to establish that more than 50 victims were affected by Moreno’s crimes because buyers paid for appraisals that were fraudulent.

United States v. Lee

Court of Appeals for the Third Circuit · Feb 20, 2004

Moreover, limitations that arise is only important because of its impact on under the doctrine of qualified immunity … police behavior. 17 may make it exceedingly difficult to establish the predicate showing of III.