Case law

Tubari Ltd., Inc. v. National Labor Relations Board, National Labor Relations Board v. Tubari Ltd., Inc.

959 F.2d 451 · Court of Appeals for the Third Circuit · Mar 19, 1992

Unfortunately, the majority does not clearly inform these unskilled employees of the additional steps that must be taken to mitigate damages. … Clearly, the discriminatees employed from 7:30 A.M. to 3:30 P.M. could not so report.

Rodney McIntosh v. United States

Court of Appeals for the Third Circuit · Feb 4, 2021

Similarly, as McIntosh alleges that prison staff called him names that implied 5 that he was a sex offender, McIntosh might be able to establish, perhaps after discovery, that … The United States has sovereign immunity from civil liability, except when it consents to be sued. See United States v. Bormes, 568 U.S. 6, 9 (2012).

Qun Wang v. Attorney General of the United States

423 F.3d 260 · Court of Appeals for the Third Circuit · Sep 21, 2005

Well understand clearly, I have no sympathy with your problem about that. A.R. 129-31. … The general principle invoked by the Seventh Circuit has long been established by the Supreme Court.

United States v. Joseph Butch

256 F.3d 171 · Court of Appeals for the Third Circuit · Jun 29, 2001

We review the District Court’s decision to admit evidence under Rule 404(b) for an abuse of discretion, which “may be reversed only when ‘clearly contrary to reason and not justified by the evidence’.” United States v. … He argues that because, under the language of 28 C.F.R. § 1308.12 (e), oxycodone acts like a depressant and is not specifically excepted or listed in another schedule, oxycodone qualifies as a Schedule II Depressant.

Hodgson v. Robert Hall Clothes, Inc.

473 F.2d 589 · Court of Appeals for the Third Circuit · Feb 5, 1973

While the examples preceding Sec. 206(d)(1)(iv) necessarily qualify it to some extent, they do not narrow it to the degree for which the Secretary contends. 21 The Secretary recognizes this reasoning in Sec. 800.116(e) of … employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment for equal work on jobs the performance

National Labor Relations Board v. Local 483 & Local 11, International Ass'n of Bridge, Structural & Ornamental Ironworkers

672 F.2d 1159 · Court of Appeals for the Third Circuit · Feb 9, 1982

It is this intentional discrimination which the Board must find has been established by substantial evidence. See Universal Camera Corp. v. … In the earlier cases, the ALJ found, and the Board adopted, specific findings of '"“widespread and pervasive” violations and clearly articulated the need for the remedy.

Polk v. Central Susquehanna Intermediate Unit 16

853 F.2d 171 · Court of Appeals for the Third Circuit · Jul 26, 1988

The Court self-consciously limited its opinion to the facts before it: We do not attempt today to establish any one test for determining the adequacy of educational benefits conferred upon all children covered by the Act. … The governing law, however, clearly imposes a higher standard. Id. at 991 .

Michael Walsh v. Bank of Amer

320 F. App'x 131 · Court of Appeals for the Third Circuit · Mar 30, 2009

that he (1) has a disability, (2) is a qualified individual,3 and (3) has suffered an adverse employment action because of that disability. … Schultz about his PTSD, but the question itself seems to indicate that both Walsh and the BOA attorney asking the question clearly understood that Walsh had told Jim Bell about his PTSD. (Id.)

Seasonwein v. First Montauk Securities Corp.

189 F. App'x 106 · Court of Appeals for the Third Circuit · Jun 27, 2006

To establish a prima facie case, Seasonwein “must prove that (1) he was discharged; (2) was qualified for the position; (3) was within the protected class at the time of discharge; and (4) was replaced by someone outside … He was discharged, he was qualified for his position, and he is clearly within the class of workers protected by the ADEA.

Columbo A. Bencivenga and Adeline Bencivenga v. The Western Pennsylvania Teamsters and Employers Pension Fund, and the Trustees Thereof

763 F.2d 574 · Court of Appeals for the Third Circuit · Jul 3, 1985

Clearly an upward adjustment of the discount factor will decrease the amount of benefits paid. … Since each side is moving for summary judgment, each side bears the burden of establishing a lack of genuine issues of material fact.

Systematic Tool & MacHine Company v. Walter Kidde & Company, Inc.

555 F.2d 342 · Court of Appeals for the Third Circuit · Mar 25, 1977

And I would have to qualify that a little bit, but yes; I could. And there are about half a dozen others that could do that. … I can find no evidence in the record to support that assumption, which the majority treats as an established fact.

United States v. Hankin, Perch, Perch P. Hankin

607 F.2d 611 · Court of Appeals for the Third Circuit · Nov 15, 1979

They were always either returned or held if they were checks, held uncashed until we could get a clarification or if the contribution was clearly wrong, it was simply returned. … Therefore, the record establishes the date of acceptance was February 10, 1979. The information was filed on February 9, 1979.

New Jersey-Philadelphia Presbytery of the Bible Presbyterian Church v. New Jersey State Board of Higher Education

654 F.2d 868 · Court of Appeals for the Third Circuit · Apr 14, 1981

Secondly, the standard for demonstrating a “practical impairment,” so as to qualify for intervention as of right, is sufficiently liberal to fully guarantee the opportunity for intervention of these plaintiffs in the Superior … I do not mean to suggest that it was clearly erroneous for the federal district court to reach the merits on grounds of the exception for “great and immediate” harm to the plaintiffs. Younger v.

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.

William E. Grammer, Insurance Company of North America and Boco of Lafayette, Inc., Intervenors- and Home Indemnity Company, Intervenor-Appellee v. Patterson Services, Inc., Defendant-Third Party v. Gator Hawk, Inc., Home Insurance Company, Third Party

860 F.2d 639 · Court of Appeals for the Third Circuit · Dec 29, 1988

Second, Patterson argues the evidence adduced at trial is insufficient as a matter of law to establish a jury question on the issue of operational control. II. … Section 1209 clearly states that if payments are made, the prescription period will not commence until payments cease.

Michael T. Wilburn v. Maritrans Gp Inc

139 F.3d 350 · Court of Appeals for the Third Circuit · Mar 10, 1998

“The duty of the vessel owner to furnish a reasonably safe place for a seaman ... to perform his chores is clearly a duty of care, the breach of which results in liability *357 for negligence..." Earles v. … The evidence established the following facts concerning the events that occurred aboard the Enterprise on November 9, 1992.

United States v. Christie

Court of Appeals for the Third Circuit · Oct 15, 2010

Defense counsel later argued in closing that Lochmiller qualified as a CI. … However, even if one assumes the toys had some relevance, the danger of unfair prejudice clearly and substantially outweighed it.

United States v. John G. Bennett, Jr.

161 F.3d 171 · Court of Appeals for the Third Circuit · Nov 16, 1998

Bennett established and maintained these licenses through a series of falsehoods. … Nor does Bennett’s cooperation with the Bankruptcy Trustee and other government agencies automatically qualify him for the adjustment.

Sinacole v. Igate Capital

287 F. App'x 993 · Court of Appeals for the Third Circuit · Aug 5, 2008

It is the sole province of the Congress to establish the scope of employees who have rights under the FMLA. … This precluded Sinacole from proffering facts sufficient to establish her interference claim.

Taylor v. Horn

504 F.3d 416 · Court of Appeals for the Third Circuit · Sep 20, 2007

Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), which “qualifies as clearly established Federal law, as determined by the Supreme Court of the United States.’ ” 9 Williams, 529 U. … We have already established that Taylor had the requisite competence to stand trial.