Case law

Scott Clews v. County of Schuylkill

12 F.4th 353 · Court of Appeals for the Third Circuit · Aug 30, 2021

Legal background Among other protections, “[t]he FLSA establishes federal minimum-wage, maximum-hour, and overtime guarantees that cannot be modified by contract.” Genesis Healthcare Corp. v. … In sum, to qualify for the exception, members of an elected official’s personal staff must have a close working relationship with that official, often demonstrated by the official’s direct and immediate supervision over personal

United States v. Mussayev

Court of Appeals for the Third Circuit · Aug 7, 2003

He settled in Brooklyn with his family, and established himself as owner of a small flower and candy business. … Similarly, Application Note 6 of § 2B3.1 is clearly distinguishable.

Jimmy Johnson v. Atty Gen USA

Court of Appeals for the Third Circuit · Apr 16, 2002

Clearly, here, the Board did state a purpose -- consideration of Johnson’s CAT claims. But the language of Patel just quoted contemplates that an order can articulate a purpose without being qualified or limited. … S 3.2(b)(2) (establishing a filing deadline for motions to reconsider and limiting them to one per decision).

Evans v. Buchanan

555 F.2d 373 · Court of Appeals for the Third Circuit · May 18, 1977

The Supreme Court has clearly stated that “desegregation, in the sense of dismantling a dual school system, does not require any particular racial balance in each ‘school, grade, or classroom.’ ” Milliken v. … the New Board shall be a member of either the present Alfred I. duPont, Mount Pleasant or Claymont School Boards; and that the members of the New Board so appointed shall serve until their successors are selected and duly qualified

National Surety Corporation v. Charles Carter & Company, Inc., Third Party Plaintiff-Appellee-Appellant v. Fireman's Fund Insurance Company, Third Party Hughes-Walsh Company, Intervening Third Party v. Maryland Casualty Company, Third Party United States of America, Intervenor-Appellee

539 F.2d 450 · Court of Appeals for the Third Circuit · Sep 24, 1976

In its answer Maryland Casualty stated that Hughes-Walsh was not entitled to file a third-party complaint since it did not qualify as a "defending party" under Rule 14, Fed.R.Civ.P. … To this extent the claim was one for which Maryland Casualty would be liable to Hughes-Walsh in indemnity if negligence were established.

United States of America, Huron Towers, Inc. v. Morton L. Scholnick and Seymour Dunitz, Third Party

606 F.2d 160 · Court of Appeals for the Third Circuit · Oct 2, 1979

Clearly, there are no facts that would suggest that the parties intended Michigan law to control the transaction. … We do not believe this consent decree qualifies as a voluntary conveyance in lieu of foreclosure.

Shendock v. Director, Office of Workers' Compensation Programs. Appeal of Stephen Shendock

893 F.2d 1458 · Court of Appeals for the Third Circuit · Jan 12, 1990

In denying benefits, the AU concluded that Shendock did not establish the existence of pneumo-coniosis, and also did not establish that any respiratory disease he may have had was attributable to past coal mine employment … Clearly, its use of the term “jurisdiction” in describing the effect of noncompliance with § 921(c)’s filing provisions is entitled to considerable weight.

Shiffler v. Schlesinger

548 F.2d 96 · Court of Appeals for the Third Circuit · Jan 12, 1977

C., 146 U.S.App.D.C. 33 , 449 F.2d 1109 , 1112-13 & n.5 (1971). 11 Congress structured this decisionmaking by establishing procedural requirements in § 102(2)(C). … Although the claims it presses are environmental, the economic injury to its members qualifies as injury in fact.

Friedrich v. U.S. Computer Services

974 F.2d 409 · Court of Appeals for the Third Circuit · Sep 9, 1992

interstate commerce is a distinct and definite reason for the trip by these service managers and that in those cases where, as a regular practice, a service manager transports this equipment across State lines they would qualify … the DOT that authority and the DOT has not specifically determined otherwise, courts must follow the statute unless Congress acts to limit the DOT’S power over commercial carriers by personal automobile or the DOT more clearly

United States v. Furst, Sidney D.

886 F.2d 558 · Court of Appeals for the Third Circuit · Nov 2, 1989

With respect to the contemporaneous value of the FCCB investment, however, the records are inadmissible inasmuch as the government has failed to establish a proper foundation for their admission. 19 Clearly, NC Bank had no … As discussed above, Aderhold’s testimony and the documentary evidence clearly supported the government’s case on these counts.

Zettlemoyer v. Fulcomer

923 F.2d 284 · Court of Appeals for the Third Circuit · Mar 20, 1991

This unrestricted consideration of mitigating circumstances clearly meets the Eighth Amendment's requirements. … Schneider or another professionally qualified witness respecting the pertinent mitigating circumstances 143 Mr.

United States v. William Curtis, III

644 F.2d 263 · Court of Appeals for the Third Circuit · Mar 25, 1981

Some commentators on the law of evidence suggested that opinion evidence by persons qualified to state an opinion should also be admissible. … On that question, his community reputation as a peaceful and law abiding citizen was more clearly relevant than most uses of character evidence.

Cordova-Melgar v. Attorney General of the United States

447 F. App'x 418 · Court of Appeals for the Third Circuit · Oct 12, 2011

The IJ then determined that Cordova failed to establish the facts necessary to qualify for the presumption of extreme hardship. … In sum, he could not establish either of the facts necessary to qualify for the presumption of extreme hardship; he would thus have to establish extreme hardship without the benefit of the presumption.

Shapiro v. UJB Financial Corp.

964 F.2d 272 · Court of Appeals for the Third Circuit · May 20, 1992

We also note that plaintiffs in future cases of this kind should plead clearly and coherently from the outset. 2. … Thus, although an issuer is no longer immune from § 12 liability, neither is an issuer liable solely on the basis of its involvement in preparing the prospectus.

Hadi v. Secretary of Department of Homeland Security

239 F. App'x 742 · Court of Appeals for the Third Circuit · Jul 12, 2007

In addition, Hadi has not established that he is entitled to relief based on incidents he described. … Much of the harassment Hadi describes clearly did not rise to the level of persecution.

Bonneville Intl Corp v. Peters

Court of Appeals for the Third Circuit · Oct 17, 2003

The legal issues surrounding file exchange of songs involve the established exclusive right to reproduction of a sound recording. … (an entity operating a radio broadcasting facility under an FCC license) would qualify as a broadcast transmission.

PDX North Inc v. Commissioner New Jersey Dept

Court of Appeals for the Third Circuit · Oct 22, 2020

establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” … Dep’t of State, 938 F.3d 453, 463–64 (3d Cir. 2019) (“That Malhan’s garnishment proceeding is merely threatened . . . makes abstention ‘clearly erroneous.’” (quoting Miller v.

Foreign Commerce v. Bernard Tonn

789 F.2d 221 · Court of Appeals for the Third Circuit · Apr 30, 1986

Moreover, the Majority Opinion ignores the established canons of Virgin Islands statutory interpretation. I must dissent. I. … Younker Brothers, then, is clearly irrelevant to this court's analysis of § 952. The Majority has to rely on Younker Brothers to reach its judgment.

In Re: Pillowtex, Inc. Patricia A. Staiano, the United States Trustee

304 F.3d 246 · Court of Appeals for the Third Circuit · Sep 23, 2002

At the oral argument, Jones Day contended that all bankruptcy lawyers find themselves with past due bills from puta *255 tive debtors on the eve of bankruptcy and seek to clear the accounts so that they are qualified to serve … The reference is to the United States Trustee authorized to supervise the administration of bankruptcy cases in "[t]he judicial districts established for the States of Delaware, New Jersey, and Pennsylvania,” 28 U.S.C. §

Judd v. New York & T. S. S. Co.

128 F. 7 · Court of Appeals for the Third Circuit · Feb 12, 1904

Assuming for the moment the relevancy of the facts thus introduced, we will consider the legal propriety of the evidence by which they were sought to be established. … This testimony is nowhere contradicted or qualified. We thus have the fact proved, that this alleged uniform rate was meant to cover the-special risk that existed where no day and night Watchman were employed.