Case law

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.

United States v. Ritter

Court of Appeals for the Third Circuit · Aug 3, 2005

Under Ybarra, this “cursory search for weapons” clearly is not permitted absent a reasonable belief or suspicion that an individual encountered is armed, 444 U.S. at 88, 96. … At the time the magistrate issued the warrant, however, he had no post-tip qualifying indicia of the tip’s overall reliability. That the tip ultimately proved accurate does not matter.

Lehigh and New England Railway Company v. Interstate Commerce Commission and United States, Commonwealth of Pennsylvania, Intervenor

540 F.2d 71 · Court of Appeals for the Third Circuit · Jun 9, 1976

The standards established in the final cost form are intended to simplify and standardize the admittedly complex accounting procedures imposed upon a directed carrier and to limit those expenditures which may be reimbursable … However, L&NE is clearly aggrieved by the application of this distinctive treatment and thus in our view has standing to challenge this distinction. See generally Association of Data Processing Serv.

Louis A. Scherff, Plaintiff-Appellee-Cross-Appellant v. Missouri-Kansas-Texas Railroad Co., Defendant-Appellant-Cross-Appellee. Northern Natural Gas Company, Third-Party Plaintiff-Appellee-Cross v. Shamrock Constructors, Inc., Third-Party

449 F.2d 23 · Court of Appeals for the Third Circuit · Nov 8, 1971

Grant Bros., 1913, 228 U.S. 177, 184-185 , 33 S.Ct. 474, 476-477 , 57 L.Ed. 787 , the court succinctly pointed out: 39 It is the established doctrine of this court that common carriers cannot secure immunity from liability … I think this language clearly would cover an action against Northern for indemnity against a personal injury claim.

Walter Tormasi v. George Hayman

443 F. App'x 742 · Court of Appeals for the Third Circuit · Sep 1, 2011

In order to establish a § 1983 claim, a plaintiff must demonstrate that: (1) the conduct complained of was committed by persons acting under color of state law; and (2) the conduct violated a right, privilege, or immunity … Under these circumstances, we conclude that the District Court did not err in holding that Tormasi‟s intentions regarding the unfiled patent application qualified under the regulation as “commencing or operating a business

97 Cal. Daily Op. Serv. 926, 97 Daily Journal D.A.R. 1384 William A. Steen Harold Hedlund Timothy Sandis John Heindel Lawrence Wlezien Wilbur Lockman Norman Neste, as Trustees and Land Surveyors of California Trust, and the Consulting Engineers and Land Surveyors of California Health and Life Insurance Plan v. John Hancock Mutual Life Insurance Company Association Administrators and Consultants, Inc., William A. Steen v. John Hancock Mutual Life Insurance Company, and Association Administrators and Consultants, Inc. v. Robert Lemond James Wooten Daniel Ogden Milton Bell Robert Bennett David Lancaster, Trustees of the Texas Society of Architects Insurance Benefit Trust (Texas Trustees) Donald Melander Michael Wirtanen Arnold Lucke Robert Mayeron Thomas H. Stahl, Trustees of the Minnesota Society, American Institute of Architects Employee Benefits Trust ("Minnesota Trustees"), Third-Party-Defendants-Appellees

106 F.3d 904 · Court of Appeals for the Third Circuit · Feb 10, 1997

In AIA-BIT we clearly ruled that, regardless of AIA-BIT's status as an employee welfare benefit plan, "the RSR was not a fund asset" and that John Hancock, AA & C, and the other defendants were not ERISA fiduciaries with … beneficiaries of the plan where members were "heterogeneous, unrelated employers," but concluding that component trusts that participated in plan "whose members would be in the same line of business and geographical area" could qualify

United States v. Langford

516 F.3d 205 · Court of Appeals for the Third Circuit · Feb 22, 2008

Because the 2005 bank robbery occurred less than two years after Langford’s release from juvenile commitment to a youth development center, the probation officer added an additional criminal history two points, establishing … Wilken, 498 F.3d 1160 (10th Cir.2007) (holding that the erroneous application of an enhancement did not affect the district court’s selection of the sentence imposed because defendant qualified as a career offender and as

Eisenberg v. Gagnon

766 F.2d 770 · Court of Appeals for the Third Circuit · Jun 28, 1985

A number of recent decisions have recognized that some lay witnesses are qualified to give a conclusion based on personal experience with documentary or physical materials. See, e.g., Soden v. … One circumstance that has clearly changed is that Eisenberg and Nissen have now won a judgment on the merits.

Umbenhauer v. Woog

969 F.2d 25 · Court of Appeals for the Third Circuit · Jul 10, 1992

(A. 23, 27). 13 Although the plaintiffs accurately characterize Pennsylvania law, the record clearly reveals that the plaintiffs served process under the federal service provision and not under the state-law service provision … Marshals may not ignore established rules of service. In Novak, a U.S.

Redhead v. United States

686 F.2d 178 · Court of Appeals for the Third Circuit · Aug 6, 1982

The aircraft was a twin-engine turboprop equipped with radio navigational equipment, including that necessary for travel under instrument flight rules (IFR). 1 The pilot and co-pilot were well qualified, each having more … I agree with the majority that this finding is not clearly erroneous.

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.

United States v. Geiser

527 F.3d 288 · Court of Appeals for the Third Circuit · Jun 10, 2008

Kumpf “While the precise parameters of personal assistance under the [RRA] have not been delineated by the courts, Kumpfs own actions [as a concentration camp guard] clearly constitute personal assistance in persecution.” … carries its plain conjunctive meaning, the government only needs to show that an individual failed to meet the requirements of the RRA or the INA, because an individual who fails to meet either set of requirements does not qualify

Kean v. Heckler

799 F.2d 895 · Court of Appeals for the Third Circuit · Aug 28, 1986

The Medicare Statute The Medicare program, originally established in 1965, provides federal health insurance to the aged and disabled. The program has two components. … Thus, the language of the statute alone does not clearly resolve whether “services” is to be construed to mean “all services” or “inpatient services.”

United States v. Ali

508 F.3d 136 · Court of Appeals for the Third Circuit · Nov 27, 2007

Under the arrangement, CCP paid $450 per month in rent for these sites plus salaries for qualified teachers (i.e., those who had completed at least a bachelor’s degree). … The School and CCP personnel maintained all the trappings of a functioning program — hiring and paying teachers, establishing a course schedule, filing registration forms, and causing CCP to pay rent to the School for the

Sk&f, Co. v. Premo Pharmaceutical Laboratories, Inc.

625 F.2d 1055 · Court of Appeals for the Third Circuit · Jun 12, 1980

We have also examined them, and conclude that the district court’s finding is not clearly erroneous. … It is well established that section 43(a) proscribes not only acts that would technically qualify as trademark infringement, but also unfair competitive practices involving actual or potential deception.

United States v. Allen Brown

534 F. App'x 132 · Court of Appeals for the Third Circuit · Aug 5, 2013

After the government appealed, we affirmed and held that the District Court’s conclusion was not clearly erroneous. United States v. … He claims that the audit records do not qualify as business records under Rule 803(6) of the Federal Rules of Evidence.

First State Underwriters Agency v. Travelers Insurance

803 F.2d 1308 · Court of Appeals for the Third Circuit · Oct 27, 1986

They further argued that “Condition N,” relied upon by First State as clearly establishing the period during which its obligations arose, was at best ambiguous and therefore, should be strictly construed against First State … All parties to the instant dispute point to specific language in the First State policy as clearly establishing the parameters of First State’s obligations to Certain-Teed.

United States v. Carlo Castro

704 F.3d 125 · Court of Appeals for the Third Circuit · Jan 8, 2013

We follow the “well-established principle that plea agreements, although arising in the criminal context, are analyzed under contract law standards.” … Castro asserts that the language of the appellate waiver does not clearly apply to his conviction at trial.

Lesko v. Lehman

925 F.2d 1527 · Court of Appeals for the Third Circuit · Feb 11, 1991

Clearly, such testimony would have been self-incriminating. … The record clearly establishes the first element — “major participation in the felony committed.”

Paula Pagonakis v. Express LLC

315 F. App'x 425 · Court of Appeals for the Third Circuit · Mar 5, 2009

Pagonakis “must establish that she (1) has a ‘disability,’(2) is a ‘qualified individual,’ and (3) has suffered an adverse employment action because of that disability.” Id. at 611. … However, the Complaint clearly asserts only an FMLA retaliation claim and not an FMLA discrimination claim. 13  Lastly, we will also affirm the judgment for Express on