Case law

Padilla v. Township of Cherry Hill

110 F. App'x 272 · Court of Appeals for the Third Circuit · Oct 5, 2004

The municipal attorney’s objection to releasing the incident information in the face of the confusion surrounding Rivera’s representation was principled and hardly qualifies as “stonewalling.” … Section 1983 imposes civil liability upon any person who, acting under the color of state law, deprives another individual of any rights, privileges, or immunities secured by the Constitution or laws of the United States

Gagliardo v. Connaught Lab Inc

Court of Appeals for the Third Circuit · Nov 22, 2002

Here, the PHRA, with its similar language and applicability, clearly provides a cause of action nearly identical to that of the ADA. … Hence, the jury was fully aware that the impairment itself did not establish a disability within the meaning of the ADA.

Tice v. Bristol-Myers Squibb Co.

325 F. App'x 114 · Court of Appeals for the Third Circuit · Apr 8, 2009

Congress has clearly stated that administrative findings in a SOX case are subject to review only by direct appeal, not collateral attack. See § 42121(b)(4)(B). … It merely reconciles the qualified exception for discrimination claims brought within the framework contemplated by Title VII with Congress’s express intent to protect the finality of SOX adjudications.

In Re: Ariel Adan

Court of Appeals for the Third Circuit · Feb 14, 2006

Under these circumstances, Adan and Avans clearly had a “settled purpose” and “shared parental intent” to raise their daughter in Argentina, and that country is therefore her habitual residence. … There is little question that, under this standard, the abuse, sexual and otherwise, that Avans contends Adan has 29 inflicted on Arianna would, if true, qualify as an intolerable situation

Bergamatto v. Bd. of Trs. of the Nysa Ila Pension Fund

933 F.3d 257 · Court of Appeals for the Third Circuit · Aug 6, 2019

Ward, however, does not formally qualify as an “administrator” for purposes of 29 U.S.C. § 1132(c)(1). … beneficiary, furnish a copy of the latest updated summary, plan description, and the latest annual report, any terminal report, the bargaining agreement, trust agreement, contract, or other instruments under which the plan is established

In Re Community Bank of Northern Virginia

418 F.3d 277 · Court of Appeals for the Third Circuit · Aug 11, 2005

The Court responded that “the Court of Appeals from [sic] the Third Circuit has said pretty clearly that simply consolidating claims where there’s proper federal jurisdiction with one that there is not does not get us there … The notice must concisely and clearly state in plain, easily understood language . . . that a class member may enter an appearance through counsel if the member so desires [and] . . . that the court will

United States v. Herbert Baylin

696 F.2d 1030 · Court of Appeals for the Third Circuit · Dec 30, 1982

Currently, certain consequences of a plea of guilty, such as parole eligibility, may be so complicated that it is not feasible to expect a judge to clearly advise the defendant .... … Baylin, regardless of the established parole guidelines. It is our request that the spirit and intent of the agreement be honored by the Commission, and that, in Mr.

Berguido v. Eastern Air Lines, Incorporated.

369 F.2d 874 · Court of Appeals for the Third Circuit · Nov 23, 1966

Such elaboration qualifies the finding as sufficient under Rule 52(a), if indeed a specific finding by the trier of fact is needed when the issue is one of credibility. 13 As to the District Court's finding that jet aircraft … our right to review them is circumscribed by the `clearly erroneous' rule.

Edmond Helaire, Cross-Appellant v. Mobil Oil Company, Cross-Appellee, Cheramie Boat Trucks, Defendants-Third Party v. Teledyne Movable Offshore, Inc., Third Party v. Highlands Insurance Co., Third Party

709 F.2d 1031 · Court of Appeals for the Third Circuit · Jul 22, 1983

Id. 101 S.Ct. at 1624 . 13 Despite these broad areas of immunity, however, there are circumstances where the owner cannot escape liability by reliance upon the stevedore. … Clearly, under these cases Scindia denied liability. 15 In Hill v.

United States v. Dispoz-O-Plastics, Inc., in No. 98-1135, and Peter Iacovelli, in No. 98-1136

172 F.3d 275 · Court of Appeals for the Third Circuit · Apr 8, 1999

Consequently, the prosecution’s comment did not qualify as an invited response. … The witnesses’ testimony was clearly central to the government’s case. Without it, the prosecution could not establish that there was an agreement to fix prices.

Common Cause of Pennsylvania v. Pennsylvania

558 F.3d 249 · Court of Appeals for the Third Circuit · Feb 26, 2009

First, an organization may be granted standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the organization or association itself may enjoy. … Clearly these allegations, which challenge the legislative process, are insufficient to allege more than a generalized, abstract grievance, shared by all Pennsylvania citizens.

United States v. Warren Green, IV

897 F.3d 173 · Court of Appeals for the Third Circuit · Jul 25, 2018

The dashboard camera footage from Volk’s cruiser shows that this factual finding is not clearly erroneous. … In describing what inquiries qualify as “unrelated,” Rodriguez drew a distinction between “ordinary inquiries incident to” a traffic stop, id.

In Re Flat Glass Antitrust Litigation Mdl

385 F.3d 350 · Court of Appeals for the Third Circuit · Sep 29, 2004

NAGS started publishing the part numbers with prices, establishing the `NAGS calculator'. … This may bear on whether they qualify as statements against interest See Zenith Radio Corp. v.

Ruiz v. Commissioner of Social Security

262 F. App'x 379 · Court of Appeals for the Third Circuit · Jan 30, 2008

Government action, rather than vindicating their rights, simply by threatening them with costly litigation, Congress enacted the EAJA, waiving the United States’ sovereign and general statutory immunity … The ALJ also determined that even if Ruiz could perform only sedentary work, his RFC still qualified him to perform 18-20,000 sedentary, unskilled jobs in the New York/New Jersey area. Id. at 22-23.

Lattera v. Commissioner IRS

Court of Appeals for the Third Circuit · Feb 14, 2006

We review the Tax Court’s legal determinations de novo, but we do not disturb its factual findings unless they are clearly erroneous. Estate of Meriano v. … As Marvin Chirelstein writes, the “‘substitute’ language, in the view of most commentators, was merely a short-hand way of asserting that carved-out interests do not qualify as capital assets.” Marvin A.

Patel v. Atty Gen USA

140 F. App'x 425 · Court of Appeals for the Third Circuit · Aug 12, 2005

Ashcroft, 381 F.3d 990, 993 (10th Cir. 2004) (“Although the statutes themselves do not specifically confer discretion on the Attorney General to grant or deny a continuance, the regulations clearly confer such discretion … reviewing merits of denial of continuance after stating that, while § 1252(a)(2)(B) may generally bar review of a continuance granted in a removal proceeding, “we nevertheless think it unlikely that Congress, intending, as it clearly

Kyrnuchuk v. Attorney General of the United States

230 F. App'x 226 · Court of Appeals for the Third Circuit · Aug 2, 2007

Here, the IJ’s findings are supported by cogent reasons, as he clearly pointed to a significant inconsistency in Kyrnuchuk’ story. … These arguments are rendered moot by our determinations that Kyrnuchuk failed to establish membership within one of the protected classes or eligibility for relief under CAT.

CGB Occupational Therapy, Inc. v. RHA Health Services Inc.

357 F.3d 375 · Court of Appeals for the Third Circuit · Jan 28, 2004

The actions of a principal’s agent are afforded a qualified privilege from liability for tortious interference with the principal’s contract. See Maier v. Maretti, 671 A.2d 701, 707 (Pa. Super. … Faced with these facts, the District Court concluded that “[Sunrise]’s motion was clearly the product of bad planning and, most likely, bad faith.” Id. at 7.

In Re: Schering-Plough Corporation Erisa Litigation, Jingdong Zhu, on Behalf of Himself and All Other Similarly Situated Adrian Fields, on Behalf of Himself/herself and All Others Similarly Situated

420 F.3d 231 · Court of Appeals for the Third Circuit · Sep 15, 2005

However, the plaintiff may overcome that presumption by establishing that the fiduciary abused its decision by investing in employer securities." Id. at 571 . … Id. at 347 . 46 The facts in Milofsky are clearly distinguishable from those in the matter sub judice.

United States v. Soto

152 F. App'x 220 · Court of Appeals for the Third Circuit · Oct 27, 2005

Because Soto qualified as a career offender, the Federal Sentencing Guidelines called for 292-365 months imprisonment. … Therefore, if error was committed, the burden rests on the Government to establish that the error did not affect the outcome of the case. United States v. Henry, 282 F.2d 242, 251 (3d Cir. 2002).