Case law

City of Garland v. Zurn Industries, Inc., and Urs Company, Successor in Interest to Forrest & Cotton, Inc., Defendant-Third Party v. United States of America, Third-Party

870 F.2d 320 · Court of Appeals for the Third Circuit · Apr 21, 1989

The EPA's action against Garland was settled by consent decree, establishing interim effluent levels and assessing Garland a substantial penalty. … Sec. 2680 (h), the misrepresentation exception to the government's waiver of sovereign immunity under the FTCA, bars URS's claim for contribution.

Ali v. Gibson

631 F.2d 1126 · Court of Appeals for the Third Circuit · Oct 2, 1980

It qualifies placements only to the extent that they are "available, suitable, and appropriate." … This amendment also required the Director to "promulgate rules and regulations establishing the procedure by which he will make determinations" about transfers.

United States v. Arthur Lieberman

971 F.2d 989 · Court of Appeals for the Third Circuit · Jul 24, 1992

There is some indication from the Sentencing Commission that the scheme established by the Guidelines encompasses a departure for the degree of acceptance of. responsibility. … The government does not dispute the district court's determination that Lieberman qualified for the two-level decrease for acceptance of responsibility mandated by section 3E1.1. 5 .

In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074

228 F.3d 224 · Court of Appeals for the Third Circuit · Sep 18, 2000

S 1103 (c), has been interpreted to imply both a fiduciary duty to committee constituents and a limited grant of immunity to committee members, see In re L.F. … Huff clearly would not have acted any differently if the disclosure had been made as it now argues it should have been.

Petition of J. E. Brenneman Company for Exoneration From or Limitation of Liability. J. E. Brenneman Company

322 F.2d 846 · Court of Appeals for the Third Circuit · Sep 13, 1963

Clearly there was privity and Limitation will be denied.” … Such a judgment is clearly within its province as the trier of fact.

Gooding v. Warner-Lambert Co.

744 F.2d 354 · Court of Appeals for the Third Circuit · Sep 28, 1984

Appellant, believing that the decision to give the Patent Administrator position to a white female without posting it was racially discriminatory because it effectively excluded herself and another allegedly qualified black … Armstrong’s transfer clearly fell within at least one of the exceptions. Ms. Armstrong’s old position was eliminated, and the new position created, as a result of a reorganization following the merger with Parke-Davis.

Ronald Koons v. Attorney General New Jersey

Court of Appeals for the Third Circuit · Sep 17, 2025

Pennsylvania’s 1721 statute was titled “An Act to Prevent the Killing of Deer Out of Season, and Against Carrying of Guns or Hunting Not Qualified.” … Of course, such codes of conduct, whether private or public, were also immune from state and federal constitutional scrutiny.

Warren v. Reading School District

278 F.3d 163 · Court of Appeals for the Third Circuit · Jan 23, 2002

Inasmuch as the evidence established that the school district only knew of parents' complaints about Waldrop's improper comments, the court held that the evidence was not sufficient to establish actual or constructive knowledge … Therefore, it did not conclusively establish Sepulveda's knowledge of Brown's conduct.

CENTRAL PENNSYLVANIA TEAMSTERS PENSION FUND v. McCORMICK DRAY LINE, INC.

85 F.3d 1098 · Court of Appeals for the Third Circuit · Jun 12, 1996

The Sixty 8 (B) Any newly hired employee shall qualify as an eligible member employee after forty-five (45) working days or on the sixtieth calendar day whichever comes first. 9 Joint Appendix ("JA") at 484. … Any newly hired employee shall qualify as an eligible member employee as of the first day of the month immediately following his employment if such employee meets the requirements of Subsection (B) next below. 14 B.

Sixth Angel Shepherd Rescue, I v. Susan West

477 F. App'x 903 · Court of Appeals for the Third Circuit · Apr 23, 2012

[but a]bsent discrimination for the forbidden purpose . . . the law will be upheld unless the burden imposed on interstate commerce is clearly excessive in relation to the putative 9 The District Court … Sixth Angel’s Standing to Seek Injunctive Relief Sixth Angel obliquely argues that injunctions are appropriate because “West as Director and [the Dog Bureau] have sanctioned these seizures and established policies

John J. Demarines and Doris A. Demarines, Husband and Wife v. Klm Royal Dutch Airlines

580 F.2d 1193 · Court of Appeals for the Third Circuit · Jul 17, 1978

Nevertheless, the court held that the plaintiff was barred from recovery, as a matter of law, because he failed to establish that his injury resulted from an accident: Had the evidence established abnormality or malfunction … Finally, plaintiff’s medical experts had neither specialized in aviation medicine nor were they qualified as pressurized aircraft experts.

Mauriello v. University of Medicine & Dentistry of New Jersey

781 F.2d 46 · Court of Appeals for the Third Circuit · Jan 14, 1986

Jansons and passed a qualifying examination. Plaintiff was required to submit a revision of her thesis proposal but did not do so for some twenty months. She finally obtained approval on July 9, 1982. … However, if after review of the facts, it appears that under the applicable law the plaintiff has failed to present sufficient evidence to establish a claim, then judgment must be entered for the defendant.

Williams v. Borough of West Chester

891 F.2d 458 · Court of Appeals for the Third Circuit · Nov 21, 1989

Nothing in the trilogy suggests otherwise, and a contrary rule would immunize from trial all civil defendants who swear in affidavits that they lacked the requisite mental state, absent some rarely available “smoking gun. … Thus, Yarnall’s testimony establishes that he did have personal knowledge of other officers’ familiarity with Ronald’s past.

Marx v. Meridian Bancorp, Inc.

32 F. App'x 645 · Court of Appeals for the Third Circuit · Mar 28, 2002

The LTD Plan is an ERISA-regulated employee welfare benefit plan established by Meridian. … become qualified by training, education or experience." 1.32 & 1.03 of the Plan (defining ’Total Disability’ and ’Any Occupation,’ respectively).

Viera v. Life Insurance Co. of North America

642 F.3d 407 · Court of Appeals for the Third Circuit · Jun 10, 2011

This single statement by Plaintiff only establishes, or “admits,” that LINA is the decision-maker. … The rule provides “that qualifying words, phrases, and clauses are to be applied to the words or phrase immediately preceding and not to others more remote.” Stepnowski v.

Curtis Pub. Co. v. Federal Trade Commission

270 F. 881 · Court of Appeals for the Third Circuit · Mar 2, 1921

The preference was always given, under our original instructions, to one of the boys who had previously been selling, if there were one qualified for leadership of the others. “Q. … The testimony of Nelson, district agent at Omaha, shows clearly that the object in view was to get hold of the Curtis schoolboy organization.

Wallace v. Bowen

855 F.2d 101 · Court of Appeals for the Third Circuit · Aug 18, 1988

the Court held that examining physician reports adverse to the claimant could be used as "substantial evidence" even though the reports were hearsay and the physicians were not present at the hearing, the Court carefully qualified … In the Secretary's view, the opportunity for subpoena and cross-examination is "clearly" provided under 20 C.F.R.

Franklin Music Company v. American Broadcasting Companies, Inc., Abc Record and Tape Sales Corp., Wideworld of Music, Inc. And Albert S. Franklin. Franklin Music Company v. American Broadcasting Companies, Inc., Abc Record and Tape Sales Corp., Wideworld of Music, Inc. And Albert S. Franklin. Appeal of American Broadcasting Companies, Inc. And Abc Record and Tape Salescorporation. Franklin Music Company v. American Broadcasting Companies, Inc., Abc Record and Tape Sales Corp., Wideworld of Music, Inc. And Albert S. Franklin. Appeal of Albert S. Franklin

616 F.2d 528 · Court of Appeals for the Third Circuit · Jan 9, 1980

for itself the services of highly qualified employees. … As already noted, the jury's answer to interrogatory 2 establishes that ABC's predominant purpose in hiring them was to get qualified employees and not to cripple or destroy Franklin Music.

Clinton Cty Comm v. EPa

Court of Appeals for the Third Circuit · Jun 26, 1997

We find plaintiffs' constitutional argument unpersuasive because it is inconsistent with established principles of sovereign immunity. … Id. at 1020; see also id. at 1023 ("CERCLA's timing of review procedures, as established in § [9613(h)], clearly _________________________________________________________________ 3.

4 Employee Benefits Ca 2297, 14 Fed. R. Evid. Serv. 395 William B. Ursic v. Bethlehem Mines, a Subsidiary of Bethlehem Steel Corporation the Pension Plan of Bethlehem Steel Corporation and Subsidiary Companies and D.W. Kempken, Plan Administrator

719 F.2d 670 · Court of Appeals for the Third Circuit · Oct 19, 1983

Similarly, a clearly erroneous finding of fact may require reversal. … Delaware passed An Act for Regulating and Establishing Fees in 1793.