Case law

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

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

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.

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.

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.

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

Richard William Gorsalitz, Plaintiff-Appellee-Cross v. Olin Mathieson Chemical Corporation, Defendant-Appellant-Cross v. General Electric Corporation, Third Party Electric Mutual Liability Insurance Company, Intervenor-Appellee

429 F.2d 1033 · Court of Appeals for the Third Circuit · Aug 18, 1970

Olin further answered the interrogatories: 30 'There are no employees working for Olin Mathieson Chemical Corporation qualified to make the repairs contracted out to General Electric and this is for the reason that it is … It is agreed that the burden of proof to establish the affirmative of Interrogatory Number 5 is upon the defendant, Olin Mathieson Chemical Corporation.

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.

United States v. Lacy

Court of Appeals for the Third Circuit · May 5, 2006

Citing Sanabria, Lacy claims that his acquittal on the charged offense immunized him from “subsequent” charges on the lesser included offenses. See Appellant’s Br. at 26-27. … In Sanabria, the Court clearly acknowledged that, although prosecutors could not bring a new trial against the defendant on different theories related to the same conduct, acquittal on one theory might not have barred conviction

Waldorf v. Shuta

142 F.3d 601 · Court of Appeals for the Third Circuit · Apr 15, 1998

The plain language of the stipulation clearly does not reserve to the Borough any right to contest liability with respect to Waldorf. … However, if the Borough simply failed to consider adopting the plans or purchasing the signs, then it could not assert an immunity defense. See Waldorf, 896 F.2d at 730, 737.

Jevic Holding Corp. v.

787 F.3d 173 · Court of Appeals for the Third Circuit · May 21, 2015

The Court went on to make findings establishing those dire circumstances. … The Second Circuit held that, while the second deviation needed to be explained on remand, the first was acceptable despite the fact that it impaired Motorola because it clearly served the interests of the estate.

Carlos Erazo-Caballero v. Attorney General United States of America

Court of Appeals for the Third Circuit · Dec 7, 2022

Attorney General, 951 F.3d 161 (3d Cir. 2020), he could establish physical presence in the United States for the time-period needed to qualify for cancellation of removal and that he was entitled to such relief because … A “‘pattern’ of dispositions whose contours are not clearly defined or which is not tailored to the petitioner’s circumstances” is insufficient.

American Farm Bureau Federation v. United States Environmental Protection Agency

792 F.3d 281 · Court of Appeals for the Third Circuit · Jul 6, 2015

Rev. 607, 610 & n.7 (2014) (footnotes omitted); Mead, 533 U.S. at 226–27 (“[A]dministrative implementation of a particular statutory provision qualifies for Chevron deference when it appears that Congress delegated authority … The drainage of 64,000 square miles of land into the continent’s largest estuary qualifies as a large event, and it has proved difficult to regulate.

The Carolina Casualty Insurance Company v. The Insurance Company Of North America

595 F.2d 128 · Court of Appeals for the Third Circuit · Mar 5, 1979

. § 1043.5 , 35 requires only that the self-insuring motor carrier establish its ability "to satisfy Its obligations for bodily injury liability . . .," not any other party's obligations. … denying reargument (114a-115a) that it looked solely to the federal motor carrier requirements for the source of the duties to pay and defend: "The primary responsibility to defend the Babcock action by Refrigerated is clearly

United States v. Jack W. Bierley

922 F.2d 1061 · Court of Appeals for the Third Circuit · Dec 28, 1990

Second, the defendant in this case clearly did not play a "minor" or "minimal" role in the offense in question. I. 59 Under 18 U.S.C. … These facts clearly show that Bierley fully and willingly participated in the offense of receiving child pornography.

United States v. McDade

Court of Appeals for the Third Circuit · Jun 14, 1994

Consequently, our decision in Helstoski I, like Brewster, clearly establishes that the Speech or Debate Clause permits proof of a defendant's status as a member of Congress. C. … it would immunize him for a charge of theft of services if he traveled as a stowaway.

United States v. Carlisle HMA Inc

Court of Appeals for the Third Circuit · Jan 21, 2009

Once the plaintiff or the government has established proof of each element of a violation under the Act, the burden shifts to the defendant to establish that the conduct was protected by an exception. Rogan, 459 F. … We cannot, however, agree with the District Court that the arrangement between BMAA and HMA at the Pain Clinic qualifies for the personal service exception.

United States v. Grey

87 F. App'x 254 · Court of Appeals for the Third Circuit · Jan 15, 2004

In this case the state court sentenced Grey to a maximum 23-month term which clearly qualifies as a year or more. … It is true that when an individual is sentenced to a 4 Three other courts of appeals have held that statutory rape qualifies as a crime of moral turpitude. See Gonzalez-Alvarado v.

Roland Stucke v. City of Philadelphia

685 F. App'x 150 · Court of Appeals for the Third Circuit · Apr 12, 2017

, the District Court was correct that vaguely referring to filing a lawsuit is insufficiently specific to qualify as protected activity under Title VII. … , 461 F.3d 331, 341 (3d Cir. 2006). 17 Id. at 343. 10  Stucke’s filing of a PHRC complaint in 2011, on the other hand, is undoubtedly protected activity, since it clearly

United States v. Anthony Hopson

412 F. App'x 532 · Court of Appeals for the Third Circuit · Feb 11, 2011

This evidence is clearly sufficient to establish that Hopson was distributing heroin out of his home. C. … The court pointed out that had Hopson been arrested rather than showing up on his own pursuant to a summons, he would have qualified as a career offender.