Case law

Petruzzi's IGA Supermarkets, Inc. v. Darling-Delaware Co.

998 F.2d 1224 · Court of Appeals for the Third Circuit · Jul 13, 1993

Clearly, this was inappropriate and reveals the court’s error. See In re Japanese Elec. … Thus, they have established no valid basis for challenging the study’s reliability.

Nos. 74-1043, 74-1044

512 F.2d 209 · Court of Appeals for the Third Circuit · Mar 24, 1975

Nevertheless, because the judgment fixes Lazovitz's ultimate liability and clearly establishes the parameters of that liability, it is a final, appealable order. 10 The Supreme Court of the United States has emphasized that … Bollt argues that Lazovitz cannot qualify as a statutory employer because the evidence established Bollt's possession of the premises. See III-A, supra, and N.T. 677.

Sullivan v. DB Investments, Inc.

667 F.3d 273 · Court of Appeals for the Third Circuit · Dec 20, 2011

Second, since releases would necessarily be limited to the qualifying class members, those ultimately excluded would no doubt go right back into court to continue to assert their claims. … We have no such concern here, as the District Court clearly set forth its reasoning for the fee award.

United States v. John Derr

Court of Appeals for the Third Circuit · Jul 10, 2024

“A defendant seeking a reduction for acceptance of responsibility bears the burden of establishing by a preponderance of the evidence that he . . . is entitled to the reduction[.]” United States v. … Again, we cannot reasonably hold that the Court’s finding was clearly 5 erroneous.

Keystone Mining Co. v. Gray

120 F.2d 1 · Court of Appeals for the Third Circuit · Apr 22, 1941

It appeared that all of the petitioner’s capital stock, with the exception of qualifying shares, had been issued to Chicago, Rock Island and Pacific Railway Company, for which trustees had been appointed pursuant to the provisions … the railroad company is to be treated as the producer for the purpose of the exemption conferred by subsection (Z), the railroad company must be treated as the producer for all purposes of the act for the coal produced clearly

Richard E. Brown, on Behalf of Himself and All Others Similarly Situated v. United States of America, Richard E. Brown and David l.taylor

508 F.2d 618 · Court of Appeals for the Third Circuit · Jan 24, 1975

Justice Blackmun's plurality opinion, by its efforts to establish that O'Callahan v. … However, we are cited to nothing that establishes these as facts.

Riley v. City of Chester

612 F.2d 708 · Court of Appeals for the Third Circuit · Dec 14, 1979

At the conclusion of the hearing on the second day, counsel for the defendants moved to dismiss the plaintiff’s application for preliminary injunction “for failing to establish the necessary basis factually and legally to … Hayes , lead us to conclude that journalists have a federal common law privilege, albeit qualified, to refuse to divulge their sources.

United States v. Shabazz

Court of Appeals for the Third Circuit · Dec 4, 2000

Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir. 1999) (allowing a court to look past the statutory definition of a crime and to examine judicially noticeable facts or documents that clearly establish the conviction to be … Even if we were to find that mere solicitation of a juvenile does not qualify as a controlled substance offense, some of the other criminalized acts in the New Jersey statute clearly do qualify, such as the use, employment

Nieves v. Commissioner of Social Security

198 F. App'x 256 · Court of Appeals for the Third Circuit · Oct 4, 2006

The SSA has established a five-step process that an ALJ must utilize in determining whether to award disability benefits. … If it does, the claimant is considered disabled, qualifying him for disability benefits.

Dennis McKeithan v. Gary Abrams

322 F. App'x 194 · Court of Appeals for the Third Circuit · Apr 6, 2009

We will affirm the orders of the District Court in all other respects.11 10 Defendant-appellees assert that, in the alternative, they are entitled to qualified immunity. … established law.

Levi v. Holt

192 F. App'x 158 · Court of Appeals for the Third Circuit · Aug 17, 2006

Thus, relief is warranted only if Levi’s conduct does not qualify as engaging in a sexual act. A. … For the foregoing reasons, Levi fails to establish that the District Court erred in denying his petition. Accordingly, we will affirm.

United States v. DiPasquale

740 F.2d 1282 · Court of Appeals for the Third Circuit · Jul 31, 1984

. §§ 891-896 , establishes as federal crimes several types of extortionate credit transactions. … This part of the charge clearly separates proof of the conspiracy from proof of each defendant’s participation in the conspiracy, as in United States v.

United States v. Michael M. Busic, United States of America v. Anthony Larocca

639 F.2d 940 · Court of Appeals for the Third Circuit · Jan 20, 1981

Because the facts are fully and clearly set forth in this court’s initial opinion, United States v. Busic, 587 F.2d 577 (3d Cir. 1978), we merely recapitulate them in the language of the Supreme Court. … The Constitution does not require that sentencing should be a game in which a wrong move by the judge means immunity for the prisoner. Bozza v. United States, 330 U.S. at 166-67 , 67 S.Ct. at 648-649 .

Nathan Schultz and Duane Schultz, Individually and Trading as J.C. Schultz Company, a Partnership v. Onan Corporation

737 F.2d 339 · Court of Appeals for the Third Circuit · Jun 15, 1984

There is no support either in the language of the MFA or in any of the cases interpreting it, however, that payments to third parties qualify as franchise fees. … In addition, although in Hayman we declined to address a fourth exception applicable if “the decision was clearly erroneous and would work a manifest injustice,” id. at 170 n. 10, the Supreme Court in a subsequent opinion

Michael Markowitz v. William Nicholson

Court of Appeals for the Third Circuit · Sep 26, 2023

One way to establish the requisite mental state is to show that a medical provider persisted in a course of treatment despite knowing that it was ineffective. See, e.g., White v. … Therefore, Markowitz has failed to show deliberate indifference by the administrators, and we need not reach their arguments on qualified immunity or Eleventh Amendment immunity.

Tanzillo v. Local Union 617, International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers of America

769 F.2d 140 · Court of Appeals for the Third Circuit · Jul 29, 1985

. § 1001 et seq. applies to Tanzillo’s claim, Tanzillo has failed to establish his eligibility under the Fund’s plan. I. … Hence, as of 1978, when Tanzillo applied for a pension, he had no Local 617 credits with the Fund, and thus could not, and did not, qualify for a pro-rata pension.

Gross v. German Foundation Industrial Initiative

456 F.3d 363 · Court of Appeals for the Third Circuit · Aug 3, 2006

On July 20, 2000, the foundation, called “Remembrance, Responsibility and the Future,” was formally established. B. … It establishes a 27-member Board of Trustees and a three-member Board of Directors. Id. §§ 5–6.

United States v. Pearlstein

576 F.2d 531 · Court of Appeals for the Third Circuit · Apr 21, 1978

The GMF newspaper advertisement informed readers that interested, sincere and qualified persons were to write to "R. E. Bradley, Director, Public Relations." … And, that certain of these claims were in fact false is clearly insufficient to prove that the defendants knew that they were involved in a fraudulent scheme. United States v.

Commissioner of Internal Revenue v. Allen

108 F.2d 961 · Court of Appeals for the Third Circuit · Dec 22, 1939

On the same date, the trustees, consisting of the settlor’s father, her brother and a certain bank, qualified to act as trustee in New Jersey, accepted the trust. … This was pointed out clearly in Burnet v. Guggenheim, supra. There the question arose under the Gift Tax Act of 1924.

Goode v. Phila

Court of Appeals for the Third Circuit · Aug 12, 2008

Clearly Dennis and Silver are distinguishable from this case. … That nonspecific statement is nothing more than a generalized grievance insufficient under Russell to establish standing.