Case law

Etten v. Kauffman

121 F.2d 137 · Court of Appeals for the Third Circuit · Jun 17, 1941

The court below held that the plaintiffs had not established their right to a patent for an alleged invention according to the Etten application and dismissed their bill of complaint. … Claims 9 and 10 do not so qualify. The prior art reveals a structure (Woodrow) which utilizes an enclosed channeled top bar.

United States v. Michael K. Leggett

162 F.3d 237 · Court of Appeals for the Third Circuit · Dec 3, 1998

Clearly, Leggett’s declarations of mental illness were no more generative of reasonable cause than was the defendant’s sudden paroxysm in Lebrón. … Clearly, the district court’s comments on both occasions were highly inappropriate.

Marshall v. United Steelworkers

666 F.2d 845 · Court of Appeals for the Third Circuit · Dec 16, 1981

The attorneys for Sadlowski contend that the work they performed on behalf of their client was a material assistance to the Secretary and qualified under each element of the “common benefit” theory. … However, we cannot say the district court’s findings that counsels’ work was either duplicative of the Secretary’s or was rejected by the court are clearly erroneous.

Government of the Virgin Islands v. Luis Parrilla

7 F.3d 1097 · Court of Appeals for the Third Circuit · Oct 12, 1993

Applied to the facts of this case, this plain statutory language clearly sets up the following presumption: If the government establishes that Duggan's foot was injured by Parrilla's act of shooting at him (the basic fact … See Sandstrom, 442 U.S. at 517 ("Given the common definition of 'presume' as 'to suppose to be true without proof,' Webster's New Collegiate Dictionary 911 (1974), and given the lack of qualifying instructions as to the legal

Galda v. Rutgers

772 F.2d 1060 · Court of Appeals for the Third Circuit · Oct 11, 1985

In minimizing PIRG's educational benefits, the majority determines sub rosa that this finding is clearly erroneous. … Justice Harlan found the situation clearly distinguishable from West Virginia State Bd. of Educ. v.

Consolidated Sun Ray, Inc. v. Lea

401 F.2d 650 · Court of Appeals for the Third Circuit · Sep 16, 1968

The first paragraph of this brochure states that Steel is chartered by Illinois as a “Capital Stock Fire Insurance Company.”, and that “All business written is produced by qualified agents or brokers.” … These lines are to be submitted to the Steel Insurance Company of America on a facultative basis with it clearly understood that all underwriting data should be in the hands of the Company within ten days from the assumption

Pichler v. UNITE

Court of Appeals for the Third Circuit · Sep 9, 2008

Similarly, here, we hold that Congress differentiated between a knowing acquisition, disclosure, or use to establish civil liability, and any knowing violation to establish liability for a criminal fine. … Only a “person entitled to recovery” of actual damages can qualify for a statutory damage award.

United States v. Louis Willis

844 F.3d 155 · Court of Appeals for the Third Circuit · Dec 13, 2016

McNair, 605 F.3d at 1190. 18 18 U.S.C. § 666(a). 13  Contrary to Willis’s contention, each § 666 Count that he challenges clearly alleged a quid pro quo. … operation, and purpose” of the federal funds sufficient to show that the Virgin Islands Legislature received a federal “benefit” within the meaning of § 666.42 Section 666, by its plain terms, limits its application to qualifying

Harold W. Grausam, Jr. v. Henry S. Murphey, M.D., Individually and as Medical Director of Henry Landis State Hospital

448 F.2d 197 · Court of Appeals for the Third Circuit · Sep 7, 1971

At the same time, the findings of fact of the District Judge are entitled to substantial weight, and, in accordance with Rule 52(a) of the Federal Rules of Civil Procedure, must be upheld unless they are found to be clearly … You have not established yourself as a member of the Medical Team. “f.

Tanimura & Antle, Inc. v. Packed Fresh Produce, Inc.

222 F.3d 132 · Court of Appeals for the Third Circuit · Aug 15, 2000

Second, we hold that equitable relief can issue to aid the rights of sellers who qualify as PACA trust beneficiaries, and because Appellants adequately demonstrated the likelihood of dissipation of trust fund assets and the … Thus, district courts clearly have jurisdiction over actions by private parties seeking to enforce payment from the trust.

Estate of Philip Meriano, Deceased, Anita Panepinto, Administratrix v. Commissioner of Internal Revenue Service

142 F.3d 651 · Court of Appeals for the Third Circuit · Apr 24, 1998

In addition to creating the estate’s account, Lynch and Reardon also established individual accounts with Kidder, Peabody. … Because, the estate maintained a proprietary interest in any distributions prior to the Orphans’ Court’s approval, the funds withdrawn by Lynch and Reardon qualified as “property of another.”

Fisons Horticulture, Inc., in No. 93-7224 v. Vigoro Industries, Inc., in No. 93-7287

30 F.3d 466 · Court of Appeals for the Third Circuit · Jul 22, 1994

The logical consequence of [failing to recognize reverse confusion] would be the immunization from unfair competition liability of a company with a well established trade name and with the economic power to advertise extensively … Fisons argues its mark qualifies for protection because of its distinctiveness. Trademark law recognizes categories of marks based on their levels of inherent distinctiveness.

Liberty Alliance of the Blind v. Califano

568 F.2d 333 · Court of Appeals for the Third Circuit · Dec 6, 1977

This combination of circumstances clearly satisfies the requirement that the claims for benefits be presented to the Secretary. … Carney, at least, would appear to qualify as an adequate class representative.

Mid-West Paper Products Co. v. Continental Group, Inc.

596 F.2d 573 · Court of Appeals for the Third Circuit · Mar 26, 1979

Thus, we must determine first, whether any of the supermarket plaintiffs qualify under the cost-plus contract exception so as to be in a position to sue defendants for treble damages. … The direct purchasers have clearly been harmed by the price-fixing conspiracy in that they have absorbed at least a portion of the illegal overcharge, and would introduce the economic data merely to establish the amount of

Kenneth McCullough v. Eric Miller

330 F. App'x 330 · Court of Appeals for the Third Circuit · May 21, 2009

Defendants filed a motion for summary judgment arguing that (1) they were entitled to qualified immunity; (2) McCullough failed to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e; (3) McCullough cannot … demonstrate that certain named defendants had personal involvement necessary to establish liability; and (4) that McCullough failed to show that the actions of officers Miller, Stanley, Davenport, Neal, Lee Johnson, and

Craftmatic Securities Litigation v. Kraftsow

890 F.2d 628 · Court of Appeals for the Third Circuit · Nov 29, 1989

Thus, we hold that persons who fail to qualify as sellers under the Pinter standard may not be held liable under § 12(2) on an aiding and abetting theory. … We refuse to adopt this approach, which would clearly circumvent the Supreme Court’s holding in Santa Fe.” Id. at 402.

Patrick Regan v. Secretary United States Navy

Court of Appeals for the Third Circuit · Feb 21, 2025

But in December 2014—during the final year of his program—Regan was diagnosed with myositis, “an auto-immune disease that causes muscle inflammation.” App. 22. … It responded with a letter in May 2015 deeming him “Not Physically Qualified (NPQ) for retention” and “recommend[ing] Administrative Separation and recoupment of funds expended for [his] education.” App. 52.

Paramveer Singh v. Atty Gen USA

Court of Appeals for the Third Circuit · Sep 11, 2012

Although clearly sympathizing with Singh’s plight, the IJ nevertheless determined that Singh had not established to the Court’s satisfaction that his conspiracy conviction was not a prohibited trafficking offense, especially … Whatever ambiguity might inhere in the discussion of Singh’s personal gain does not extend to the word ―selling,‖ which clearly implies a transaction for gain.

Sea-Land Service, Inc. v. Director, Office Of Workers' Compensation Programs, United States Department Of Labor

540 F.2d 629 · Court of Appeals for the Third Circuit · Aug 5, 1976

It is now clearly established that a seaman who is stricken with illness or injury is entitled to maintenance and cure even though the accident or illness occurs during shore leave not directly connected with the ship's business … The situs of claimant's injury qualifies as such an area since it is directly related to, and an essential part of, the employer's longshoring operations.

Albert Thompson v. Bridgeton Board of Education

613 F. App'x 105 · Court of Appeals for the Third Circuit · May 29, 2015

Under the third prong of the McDonnell Douglas framework, we ask whether the “record clearly allows a reasonable fact finder to conclude that [Appellees’] proffered explanation was a pretext for race-based discrimination … Thompson argues that because his employment history made him the most qualified candidate, and he was not hired, we must conclude that the interview process was a pretext for discrimination.