Case law

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.

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. Chemical Foundation, Inc.

5 F.2d 191 · Court of Appeals for the Third Circuit · Mar 26, 1925

This committee was established by Mr. Palmer when, as Custodian, he was given power to sell enemy-owned property. … And such difference in situation and purpose is clearly disclosed.

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.

Wowor v. Attorney General of the United States

220 F. App'x 162 · Court of Appeals for the Third Circuit · Apr 4, 2007

According to 8 C.F.R. § 1208.13, an applicant may qualify as a refugee by establishing either that he has suffered past persecution or has a well-founded fear of future persecution. … We also conclude that Wowor does not qualify for relief under the CAT because he has not established that it is more likely than not that he will be tortured if removed.

In Re Exide Technologies

544 F.3d 196 · Court of Appeals for the Third Circuit · Sep 19, 2008

Pacor clearly holds that in the event of such an indemnification obligation, “related to ” jurisdiction might exist. … Accordingly, claims between non-debtors may be related to a bankruptcy case, but generally do not qualify as core proceedings under 28 U.S.C. § 157 (b).

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.

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.

Sbc Inc. v. Federal Communications Commission United States of America

414 F.3d 486 · Court of Appeals for the Third Circuit · Jul 14, 2005

However, the FCC then clearly stated in the NPRM that such state interpretations were “inconsistent with our rule.” Id. at n. 173. … It is therefore clear that Congress did not contemplate, and clearly did not require, a calculation of the “actual” costs of transporting and terminating calls.

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.

Merchant & Evans, Inc. v. Roosevelt Building Products Co.

963 F.2d 628 · Court of Appeals for the Third Circuit · May 14, 1992

In order to qualify for trade dress protection, the plaintiff must show: (1) that the imitated feature is non-functional, (2) that the imitated feature has acquired a “secondary meaning,” and (3) that consumers are likely … As this court held in Country Floors, 930 F.2d at 1065 , when a newcomer moves into a territory of an established concern and uses a name or mark similar in *638 some respect to that used by the established concern, “the

United States v. Duka

671 F.3d 329 · Court of Appeals for the Third Circuit · Dec 28, 2011

Auth., 497 F.3d 286, 297 (3d Cir. 2007)). 38  As a threshold matter, we reject Tatar‟s argument, made in passing, that the statements do not qualify under the Rule because they … We agree with the government that it did not because the evidence at trial clearly established Dritan and Shain Duka‟s actual, as opposed to attempted, possession of the firearms at issue in Count 3.

Idahoan Fresh v. Advantage Produce, Inc.

157 F.3d 197 · Court of Appeals for the Third Circuit · Oct 6, 1998

On June 5, 1997, CHR filed an objection to the Joint Motion and served discovery requests upon Advantage seeking documents which established the alleged qualified status of the creditors set forth in the Joint Motion. … [T]he secretary is required to establish, through rulemaking, the time by which, the parties to a transaction must agree payment on a transaction must be made, to qualify it for coverage under the trust.

Livera v. First National State Bank of New Jersey

879 F.2d 1186 · Court of Appeals for the Third Circuit · Jul 18, 1989

Because the Federal Tort Claims Act constitutes a waiver of sovereign immunity, the Act’s established procedures have been strictly construed. Commonwealth of Pennsylvania v. … We agree with the district court *1195 here that the Liveras failed to carry the burden of establishing that even the rudiments of an administrative claim were filed. In Dunn v.

Rennie v. Klein

653 F.2d 836 · Court of Appeals for the Third Circuit · Jul 9, 1981

The district court defined a qualified constitutional right to refuse treatment and issued a preliminary injunction directing New Jersey to establish an independent review mechanism that went beyond procedures already prescribed … Our inquiry is far narrower: do the procedures established by New Jersey *850 satisfy due process?

Dawn Mcmillan v. State Mutual Life Assurance Company Of America

922 F.2d 1073 · Court of Appeals for the Third Circuit · Dec 28, 1990

Law students in a first year torts class no doubt could generate endless variations on this theme, but taken together the resulting refrain resounds clearly with a unified voice: the meaning of "on authorized business" is … Thus, in contravention of the well-established rule denying to the scrivener of a policy the benefit of the construction of terms of coverage more favorable to it than those provided clearly in the policy itself, the dissent

The Circle School v. Pappert

381 F.3d 172 · Court of Appeals for the Third Circuit · Aug 19, 2004

injunction against the enforcement of a state board of education resolution requiring public school students to salute the national flag and punishing a student's refusal to salute the flag as an act of insubordination qualifying … Perry Local Educators Ass'n., 460 U.S. 37, 62 , 103 S.Ct. 948 , 74 L.Ed.2d 794 (1983) (Brennan, J., dissenting). 39 Pennsylvania's parental notification clause clearly discriminates among students based on the viewpoints

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.

United States v. Harrison

Court of Appeals for the Third Circuit · Feb 6, 2004

The guidelines offer in order to establish terms for the sale or little direct help on this question, as they barter of explicit materials. … meaning of “notice” (quoting Richardson, 238 F.3d at 842). comprehended that it was “public,” it Because the sentencing guidelines are would not be necessary to modify the clearly

American Iron And Steel Institute v. Environmental Protection Agency

560 F.2d 589 · Court of Appeals for the Third Circuit · Aug 10, 1977

The agency maintains that the interpretation of the Act set forth in AISI I is "clearly inconsistent" with the statutory construction expressed in duPont. … This has not meant, however, that a judgment finally entered has ever been regarded as completely immune from impeachment . . .