Case law

Mark Scully v. Us Wats, Inc. Kevin O'hare, Individually and in His Capacity as President of Us Wats Aaron Brown, Individually and in His Capacity as Chairman of the Board of Directors of Us Wats Stephen Parker, Individually and in His Capacity as Executive Vice-President of Us Wats

238 F.3d 497 · Court of Appeals for the Third Circuit · Feb 1, 2001

"Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." United States v. … Because Scully established that US WATS violated the WPCL, the District Court should have awarded him attorney's fees. See 43 Pa. Stat. Ann.

United States v. Reginald Stephens

Court of Appeals for the Third Circuit · Oct 15, 2025

All parties thought 2 that Stephens was a career offender until reading the PSR, which clarified that he did not in fact qualify for the enhancement. 1 Stephens alleges … He must simply allege a set of facts that is not frivolous or clearly contradicted by the record and that demonstrates (if assumed to be true) that he would plausibly be entitled to relief under Strickland.”

Kermit A. Angst, Robert M. Cesanek, Sr., Rocco J. Corona, Jr., Chris Donatelli, Dale J. Eisenhauer, Frank W. Hanzl, Dennis R. Helfrich, Robert E. Keck, Daniel D. Kostelnick, Randall S. Lawler, Jr., Gary M. Madaus, James L. Marino, Arthur E. Marshall, James M. Mindock, Thomas C. Shappell v. Mack Trucks, Inc., William C. Craig, Robert E. Kendall, Individually and as Administrators of the Severance Plan of December 18, 1989, the International Union of United Automobile, Aerospace and Agricultural Implement Workers of America, Local 677, Stephen T. Hawk, Robert M. Stasko v. Mack Trucks, Inc., the International Union of United Automobile, Aerospace and Agricultural Implement Workers of America, Local 677, William C. Craig, Robert E. Kendall, Individually and as Administrators of the Severance Plan of December 18, 1989, David Shearer v. Mack Trucks, Inc., William C. Craig, Robert E. Kendall, Individually and as Administrators of the Severance Plan of December 18, 1989, Kermit A. Angst, Robert M. Cesanek, Sr., Rocco J. Corona, Jr., Chris Donatelli, Dale J. Eisenhauer, Frank W. Hanzl, Dennis Helfrich, Robert E. Keck, Daniel D. Kostelnick, Randall S. Lawler, Jr., Gary M. Madaus, James L. Marino, Arthur E. Marshall, James M. Mindock, Thomas C. Shappell, Stephen T. Hawk, Robert M. Stasko and David Shearer, in No. 91-1791, Mack Trucks, Inc., in No. 91-1843

969 F.2d 1530 · Court of Appeals for the Third Circuit · Aug 17, 1992

However, we are satisfied that the buyout plan did not qualify as an ERISA plan under the test established in Fort Halifax Packing Co. v. … This factual determination by the district court was not clearly erroneous. Indeed, the employees have conceded that the buyout "would be administered in the same way as the benefits provided to active employees."

Disabled In Action Of Pennsylvania v. Sykes

833 F.2d 1113 · Court of Appeals for the Third Circuit · Nov 23, 1987

Section 504 provides that "[n]o otherwise qualified handicapped individual in the United States ... shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to … Paragraph 27.77 simply established program-specific requirements for accessibility of services for the handicapped. Id. at 37492.

Diane L. Mauriello v. The University Of Medicine And 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. … 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.

Music v. Attorney General of the United States

591 F. App'x 97 · Court of Appeals for the Third Circuit · Nov 3, 2014

The IJ’s findings were clearly erroneous because the evidence of record did not address the treatment of criminal deportees at all, and thus did not establish that it was more likely than not that Music would be detained … In applying the Y-L- standard, the Attorney General ruled that an alien who qualified for a “minor participant” sentencing adjustment based on his role as a courier could not overcome the presumption because a drug courier

United States v. McNeal

175 F. App'x 546 · Court of Appeals for the Third Circuit · Apr 11, 2006

However, because it is well-established that “the term ‘sentence to confinement’ in Section 4A1.2(d)(2)(A) has the same meaning as the term ‘sentence of imprisonment’ in the other provisions,” such as § 4A1.1(b), (d) and … The court need not discuss every argument made by a litigant if an argument is clearly without merit.

Dorothy Jackson v. J. Lewis Crozer Library

445 F. App'x 533 · Court of Appeals for the Third Circuit · Sep 19, 2011

The District Court concluded that Jackson was clearly disabled but that she had never requested an accommodation because of her disability. … Disability Discrimination The ADA and the PHRA both prohibit certain entities from discriminating against a disabled, otherwise qualified individual in the hiring or discharge of employees.

United States Gypsum Company, Appellant/cross-Appellee v. Schiavo Brothers, Inc., Appellee/cross-Appellant

668 F.2d 172 · Court of Appeals for the Third Circuit · Dec 23, 1981

Compare 9 Wright and Miller, supra, § 2589 (mixed questions of fact and law generally subject to plenary review), and Id., § 2590 (negligence finding subject to “clearly erroneous” review.) 3 . … The magic legal words “holdover tenancy” were certainly not necessary where the plaintiff so clearly put Schiavo’s failure to surrender possession in issue. See Rule 8(f), Fed. R.Civ.P. 14 .

Alison George v. Rushmore Service Center LLC

114 F.4th 226 · Court of Appeals for the Third Circuit · Aug 13, 2024

Based on this 12 principle, the Supreme Court concluded that plaintiffs whose misleading credit reports “were disseminated to third-party businesses . . . suffered a concrete harm” qualifying … 13  In Huber, another case arising under the FDCPA, we distinguished Kelly and clarified that the informational-injury doctrine does not “extend . . . to the failure to disclose clearly

37 cont.cas.fed. (Cch) P 76,177, 34 Fed. R. Evid. Serv. 715 United States of America v. Gerald A. Leo, A/K/A "Bud," United States of America v. James Badolato

941 F.2d 181 · Court of Appeals for the Third Circuit · Jul 25, 1991

Vastola, 899 F.2d at 234 . 54 The government's argument that we should now qualify Kennedy as an expert turns Vastola upside down. … Likewise, Leo did not establish Zippel's qualification as someone particularly qualified to see through a fog of lies.

Mary Fender v. Delaware Division of Revenue

628 F. App'x 95 · Court of Appeals for the Third Circuit · Oct 14, 2015

Gender discrimination is clearly a matter of political and social concern. See Azzaro v. … “This does not, however, suggest that speech which is motivated by private concern can never qualify as protected speech. It clearly can if it addresses a matter that concerns the public as well as the speaker.” Id.

Cipollone v. Liggett Group

893 F.2d 541 · Court of Appeals for the Third Circuit · Jan 5, 1990

Her smoking from 1952 to 1966 could clearly have been found to be "a substantial contributing factor" in the development of her lung cancer. … This issue should not be re-tried; the existence of this duty has been properly established.

United States v. McBane

Court of Appeals for the Third Circuit · Dec 30, 2005

The record clearly establishes that McBane sold the rifle. As we have indicated, our standard of review precludes us from assessing the credibility of Smith’s testimony. … Most clearly, the Ninth Circuit, citing and discussing the above language from Kungys in United States v.

Brucestan Jordan v. Edmond Cicchi

428 F. App'x 195 · Court of Appeals for the Third Circuit · May 20, 2011

A dismissal does not qualify as a “strike” for § 1915(g) purposes until a litigant has exhausted or waived his or her appeals. See Jennings v. Natrona County Det. Ctr. Med. … Jordan provides no allegations other than the incident against him to establish that there was any change in policy; the allegation of this one-time incident is insufficient to establish a change in policy, and the due

Douglas v. Cathel

Court of Appeals for the Third Circuit · Aug 8, 2006

Douglas’s petition does not turn on the § 2254(d)(2) standard since he is arguing that his detention is the result of an unreasonable application of clearly established Supreme Court precedent to the facts under § 2254(d) … The District Court stated that is was “constrained to deny Petitioner relief on this ground because the Appellate Division’s decision did not involve an unreasonable application of clearly established federal law . . . .”

United States v. Jaime Fournier

647 F. App'x 123 · Court of Appeals for the Third Circuit · Apr 25, 2016

demonstrates acceptance of responsibility for his offense.”3 Fournier has the burden of establishing that he is entitled to this two-level reduction for acceptance of responsibility by the preponderance of the evidence … support his claim that a nolo contendere plea was appropriate given his mental capacity at the time of the charged conduct.8 According to Fournier, his plea, in conjunction with statements made to the District Court, qualified

Peoples Trust Company Of Bergen County v. United States

412 F.2d 1156 · Court of Appeals for the Third Circuit · Jun 27, 1969

court, contending that the record contains no evidence of the value of the probate estate of Paul O'Brien to support or rebut the court's finding. 12 A lower court's findings of fact are not to be disturbed on appeal unless clearly … In order to qualify for the marital deduction, the surviving spouse must have an unqualified power to appoint the principal to herself during her lifetime.

United States v. Cook

225 F.2d 71 · Court of Appeals for the Third Circuit · Aug 15, 1955

Horowitz, 329 U.S. 317 , 67 S.Ct. 320 , 91 L.Ed. 318 . 13 As the facts established in the district court are conclusive because uncontradicted, they are reviewed with the purpose primarily to inquire whether McCarthy established … When the exact time that this realization came to appellant was not clearly shown.

FANNING v. United States

346 F.3d 386 · Court of Appeals for the Third Circuit · Oct 10, 2003

Shalala, 995 F.2d 70 , 73 (5th Cir.1993). 5 Congress established two principal directives to achieve this objective. … Pursuant to the terms of that settlement, AcroMed transferred $100 million into a trust fund for distribution to class members who qualified for payment in accordance with a procedure to be established by the court. 5 Id.