Case law

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

Szuchon v. Lehman

273 F.3d 299 · Court of Appeals for the Third Circuit · Nov 20, 2001

Cross, 726 A.2d 333 (Pa. 1999), and argues that state remedies are not clearly foreclosed. … Thus, Cross notwithstanding, Szuchon's state remedies are clearly foreclosed.

Zebrowski v. Evonik Degussa Corp. Administrative Committee

578 F. App'x 89 · Court of Appeals for the Third Circuit · Aug 19, 2014

The Appellees cannot establish either of those elements. … the qualified [Pension] plan.' " (Id. at 102 (quoting App. at 1550).)

Capato v. Commissioner Social Security

532 F. App'x 251 · Court of Appeals for the Third Circuit · Jul 24, 2013

Capato’s arguments to the contrary notwithstanding, § 742.17(4) clearly prevents recovery for the twins. III. … § 416(h)(2)(A), or, if not so qualified, by satisfying one of several nationally-applicable criteria.

In Re: Congoleum Corp. Century Indemnity Company, as Successor to Cci Insurance Company, as Successor to Insurance Company of North American Ace American Insurance Company F/k/a Cigna Insurance Company Ace Property & Casualty Insurance Company F/k/a Cigna Property & Casualty Insurance Company v. Congoleum Corporation Congoleum Sales, Inc. Congoleum Fiscal, Inc

426 F.3d 675 · Court of Appeals for the Third Circuit · Oct 20, 2005

Claims of the qualified participating claimants would be secured to 75% of the matrix values and the remainder would be treated as unsecured claims. … V. 57 Having concluded that standing has been established, we turn to the Rules of Professional Conduct and the standards set by the Bankruptcy Code.

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.

United States v. Wheeler Neff

Court of Appeals for the Third Circuit · Sep 6, 2019

See 18 U.S.C. § 1961(6). 16 Sovereign immunity, on the other hand, is simply a “common-law immunity from suit traditionally enjoyed by sovereign powers.” … See, e.g., Neff Br. 16 (“Tribal Sovereign immunity made those loans lawful.”).

In Re Asbestos Litigation. Appeal of Raymark Industries, Inc. In No. 86-5236. In Re Asbestos Litigation. Danfield v. Johns-Manville Sales Corp., Etc., Appeal of Owens-Illinois, Inc., Keene Corporation, Pittsburgh-Corning Corporation, the Celotex Corporation, Armstrong Cork Company, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, and Fibreboard Corporation, in No. 86-5237. In Re Asbestos Litigation. John W. Gregory and Zelda F. Gregory, His Wife, Zelda F. Gregory, Administratrix and Administratrix Ad Prosequendum of the Estate of John W. Gregory, Deceased Zelda F. Gregory, Individually and Brian Gregory, a Minor by His Natural Parent and Guardian Zelda F. Gregory v. General Motors Corporation, Joseph Doe, Tom Doe, Harry Doe, Robert Doe, Ken Doe, Daniel Doe, Larry Doe, Edward Doe, Sam Doe, Jack Doe, Fred Doe, Vince Doe. Appeal of General Motors Corporation, in No. 86-5370

829 F.2d 1233 · Court of Appeals for the Third Circuit · Nov 2, 1987

CONCLUSION 141 My position by no means constitutes the establishment of tort law for New Jersey. … Clearly, the unknowability of harms associated with a particular product is the ultimate narrative or historic fact that a producer of that product must prove in order to establish the state-of-the-art defense 5 Judge Becker

In Re: Lifeusa Holding Inc., Lifeusa Holding, Inc.

242 F.3d 136 · Court of Appeals for the Third Circuit · Mar 5, 2001

A finding is “clearly erroneous when the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” United States v. … Because common questions (commonality) must be established before predominance can be found, we turn to that element.

United States v. Albert Defalco, Ronald Blackwell, Leonardo Leonard Arcieri, Ronald Chicarella, Carlos Varas, Patrice Patricio Bergoeing, Albert Defalco, No. 78-2126. United States of America v. Albert Defalco, Ronald Blackwell, Leonard Arcieri, Ronald Chicarella, Carlos Varas, Patrice Patricio Bergoeing, Albert Defalco, No. 78-2209

644 F.2d 132 · Court of Appeals for the Third Circuit · Jan 8, 1980

The district court, after examining Verdiramo's appellate brief, determined that Verdiramo's representation satisfied the standard of "customary skill" established in Moore. … Nevertheless, there are some constraints that are clearly permissible and even desirable, e. g., those set forth in the Federal Rules of Civil, Criminal, and Appellate Procedure and the Federal Rules of Evidence. 2 Thus,

Hermenegildo Gonzalez Cabrera v. Attorney General United States

Court of Appeals for the Third Circuit · Jun 14, 2023

Att’y Gen., 997 F.3d 132, 137 (3d Cir. 2021). 4 A petitioner who fails to establish asylum eligibility necessarily fails to qualify for withholding of removal. Blanco v. … hardship to a qualifying family member.

National State Bank v. Smith

591 F.2d 223 · Court of Appeals for the Third Circuit · Jan 15, 1979

Indeed, in New Jersey a trust company is incorporated under the banking laws and as a practical matter is actually a bank which has specially qualified itself to exercise fiduciary powers. See N.J.S.A. 17:9A-28. … That case is thus clearly distinguishable from the case before us where National State and City Trust will be conducting the same type of business in the same neighborhood. .

Aamir Shaikh v. Attorney General United States

Court of Appeals for the Third Circuit · Jun 7, 2023

Although New York Penal Law § 130.40(2) does not explicitly contain a mens rea requirement, it is not a strict liability crime because “New York law makes clear that ‘[a] statute defining a crime, unless clearly indicating … to “determine: (1) how public officials would likely react to the harms the petitioner fears; and (2) whether this response qualifies as acquiescence under the governing regulations.” 25 Shaikh argues that the

Swenson v. The Argonaut the Estelle. The Susan

204 F.2d 636 · Court of Appeals for the Third Circuit · Jun 4, 1953

That position is fully confirmed on page 4 of appellants' reply brief. 53 Was the district court clearly wrong in holding the occurrence to be an inevitable accident? … The answer was not in agreement with the assumption but the qualified 'storms of this type, yes.' Parry, of all people, would hardly call that storm a common occurrence for New York Harbor.

Ward v. Foulkrod

264 F. 627 · Court of Appeals for the Third Circuit · Mar 30, 1920

After qualifying, the State receivers, on March 4, 1919, filed a petition in the District Court of the United States for the Eastern District of Pennsylvania, reciting the proceedings pending in the two courts, and praying … A. 83, 84 , and was answered by the Circuit Court of Appeals for the Second Circuit as follows: “Well-established equity procedure provides for just such a situation.

Kiewit Eastern Co. v. L & R Construction Co.

44 F.3d 1194 · Court of Appeals for the Third Circuit · Jan 10, 1995

immunity provided by the Workers' Compensation Act, Kiewit I, supra, at *8, CNA Insurance argues on appeal that the subcontract does not "expressly provide" that L&R Construction would waive its immunity -- as the statute … Kiewit Eastern also claims a right to attorneys' fees and costs, but it clearly is not a "prevailing party," within the meaning of the subcontract. in hindsight as seeking fees from L&R.29 See, e.g., Brickner v.

Local Union No. 1992, of the International Brotherhood of Electrical Workers v. The Okonite Company

189 F.3d 339 · Court of Appeals for the Third Circuit · Aug 17, 1999

The same dictionary defines "eligible" as "qualified to be chosen" and lists "entitled" as a synonym of "eligible." Id. at 366. … Webster's Third New International Unabridged Dictionary primarily defines "eligible" as "fitted or qualified to be chosen or used; entitled to something."

Jennifer Binder Le Pape v. Lower Merion School District

103 F.4th 966 · Court of Appeals for the Third Circuit · Jun 4, 2024

For the latter, the Court established deadlines for fact and expert discovery, summary judgment, Daubert and in limine motions, and pretrial memoranda. It also set a trial date. … He is a non-speaker who for the first 16 years of his life had “very minimal communication,” was able to say only a few words, and was unable to communicate clearly and as he wished. App. at 1264.

Montgomery County v. Microvote Corporation Carson Manufacturing Company, Inc. Westchester Fire Insurance Co., Inc

175 F.3d 296 · Court of Appeals for the Third Circuit · Apr 30, 1999

Thus, In re Ford Motor Co. established a bright-line rule permitting appeals from discovery orders requiring the disclosure of content putatively privileged by the attorney-client and work-product privileges. … The District Court’s factual findings should not be disturbed unless they are clearly erroneous. United States v. Brown, 159 F.3d 147, 148 (3d Cir.1998).

Blue v. Defense Logistics Agency

181 F. App'x 272 · Court of Appeals for the Third Circuit · May 24, 2006

To establish a prima facie case for discriminatory non-promotion using indirect evidence, a plaintiff must show that she is a member of protected class; that she was qualified for, applied for, and rejected for a position … An abuse of discretion is found if the District Court’s decision “rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” In re General Motors Corp.