Case law

Eichleay Corporation v. International Association of Bridge, Structural and Ornamental Iron Workers United Brotherhood of Carpenters and Joiners of America Laborers International Union of North America Operative Plasterers and Cement Masons International Association of the United States and Canada International Union of Operating Engineers and International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers. (Two Cases) Carpenters Health and Welfare Trust Fund for California Carpenters Pension Trust Fund for Northern California Carpenters Vacation and Holiday Trust Fund for Northern California Carpenters Apprenticeship and Training Trust Fund for Northern California and Carpenters Annuity Trust Fund for Northern California v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. California Iron Workers Field Welfare Plan California Iron Workers Field Pension Trust Fund California Field Iron Workers Vacation Trust Fund California Field Iron Workers Apprenticeship Training and Journeyman Retraining Trust Fund California and Vicinity Field Iron Workers Annuity Trust Fund California Field Iron Workers Administrative Trust Fund v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. Operating Engineers Health and Welfare Trust Fund Pension Trust Fund for Operating Engineers Pensioned Operating Engineers Health and Welfare Fund Operating Engineers & Participating Employers Pre-Apprenticeship Apprentice & Journeyman Affirmative Action Training Fund Operating Engineers Vacation & Holiday Plan Operating Engineers Contract Administration Trust Fund Operating Engineers Market Preservation Trust Fund Operating Engineers Industry Stabilization Trust Fund v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. Cement Masons Health and Welfare Trust Fund for Northern California Cement Masons Pension Trust Fund for Northern California Cement Masons Vacation Trust Fund for Northern California Cement Masons Apprenticeship and Training Trust Fund for Northern California v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. Laborers Health and Welfare Trust Fund for Northern California Laborers Vacation-Holiday Trust Fund for Northern California Laborers Pension Trust Fund for Northern California Laborers Training and Retraining Trust Fund for Northern California v. Eichleay Corporation, Eci, Inc., D/B/A Eichleay Constructors, Inc. Eichleay Holdings, Inc. Amk International. International Association of Bridge, Structural and Ornamental Iron Workers United Brotherhood of Carpenters and Joiners of America Laborers' International Union of North America Operative Plasters' and Cement Masons' International Association of the United States and Canada International Union of Operating Engineers International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers Carpenters Health and Welfare Trust Fund for California Carpenters Pension Trust Fund for Northern California Carpenters Vacation and Holiday Trust Fund for Northern California Carpenters Apprenticeship and Training Trust Fund for Northern California Carpenters Annuity Trust Fund for Northern California California Iron Workers Field Welfare Plan California Iron Workers Field Pension Trust Fund California Field Iron Workers Vacation Trust Fund California Field Iron Workers Apprenticeship Training and Journeyman Retraining Trust Fund California and Vicinity Field Iron Workers Annuity Trust Fund California Field Iron Workers Administrative Trust Fund Operating Engineers Health Welfare Trust Fund Pension Trust for Operating Engineers Pensioned Operating Engineers Health and Welfare Fund Operating Engineers & Participating Employers Pre-Apprenticeship, Apprentice & Journeyman Affirmative Action Training Fund Operating Engineers Vacation & Holiday Plan Operating Engineers Contract Administration Trust Fund Operating Engineers Market Preservation Trust Fund Operating Engineers Industry Stabilization Trust Fund Cement Masons Health and Welfare Trust Fund for Northern California Cement Masons Pension Trust Fund for Northern California Cement Masons Vacation Trust Fund for Northern California Cement Masons Apprenticeship and Training Trust Fund for Northern California Laborers Health and Welfare Trust Fund for Northern California Laborers Vacation-Holiday Trust Fund for Northern California Laborers Pension Trust Fund for Northern California Laborers Training and Retraining Trust Fund for Northern California, Eichleay Corporation v. Sheet Metal Workers International Association Sheet Metal Workers International Association and Local 104 of the Sheet Metal Workers' International Association, International Brotherhood of Electrical Workers, Afl-Cio Local 302 of the International Brotherhood of Electrical Workers, Afl-Cio United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Afl-Cio Steamfitters Local 342 of the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, Afl-Cio v. Eichleay Corporation, A/K/A Eichleay Constructors, Inc., And/or Eci, And/or Amk International

944 F.2d 1047 · Court of Appeals for the Third Circuit · Sep 4, 1991

BE & K established the hiring, personnel and accounting procedures for AMK. … The highlighted portion of the award clearly is representational in nature and must fall in the face of the contrary NLRB decision.

United States v. Mussare

Court of Appeals for the Third Circuit · Apr 28, 2005

We will not interpret the jury’s acquittal on the heroin charge as a rejection of Taylor’s testimony, and that testimony clearly provides evidence that the transaction was a loan. … Mussare argues that these statements did not qualify under that exception and that the admission of those statements violated his rights under the Confrontation Clause.

State of NJ v. United States

Court of Appeals for the Third Circuit · Jul 29, 1996

The APA waives the sovereign immunity of the United States and allows for judicial review of federal agency actions in certain circumstances. 5 U.S.C. 702. … However, the reimbursement authorized under that statute is qualified by the phrase, "[s]ubject to the amounts provided in advance in appropriation acts."

Mary Bridges v. Jose Torres, Jr.

Court of Appeals for the Third Circuit · Apr 16, 2020

Bridges argues that Torres’ affidavit failed to establish probable cause because it was based on an informant’s tip lacking an adequate basis of knowledge and was uncorroborated by Torres. … Since no Fourth Amendment violation occurred, we will not address Torres’ qualified immunity defense.3 3 Lastly, Bridges also asserts tort claims under the NJTCA for intrusion on seclusion and negligence

Armoni Johnson v. Walter Koehler

Court of Appeals for the Third Circuit · May 9, 2018

To state a claim under § 1983, a plaintiff “must establish that she was deprived of a federal constitutional or statutory right by a state actor.” Kach v. Hose, 589 F.3d 626, 646 (3d Cir. 2009) (emphasis added). … Johnson’s defense attorneys do not qualify. See Polk Cty. v.

E.I. Du Pont De Nemours & Company (Chestnut Run) v. National Labor Relations Board

724 F.2d 1061 · Court of Appeals for the Third Circuit · Dec 29, 1983

These alleged independent acts of insubordination in refusing to leave the worksite could clearly provide legitimate grounds for dismissal under Roadway Express, Inc., 246 N.L.R.B. 1127 (1979). See supra note 2. … S1845 (March 1, 1983) (proposing the establishment of an Intercircuit Tribunal of the Courts of Appeals to resolve intercircuit conflicts).

United States v. Leonard A. Pelullo

14 F.3d 881 · Court of Appeals for the Third Circuit · Mar 22, 1994

Accordingly, we conduct a de novo review of the district court’s conclusions of law and a review based on the “clearly erroneous” standard of its findings of fact. Id. … Leonetti’s testimony established that Pe-lullo diverted corporate funds for personal use.

Fang Lin v. Attorney General

270 F. App'x 183 · Court of Appeals for the Third Circuit · Mar 20, 2008

The BIA did not clearly address the question of whether Petitioner was a “refugee.” … However, the BIA did not expressly adopt or repudiate the IJ’s determination that a petitioner who had an IUD forcibly inserted could not qualify as a “refugee” for “other resistance” to China’s coercive population control

United States v. Williams

222 F. App'x 202 · Court of Appeals for the Third Circuit · Mar 19, 2007

The indictment clearly alleges the attempted acquisition of four firearms in Count Two and the acquisition of seven additional firearms in Counts Three and Four. … Finally, the District Court made sufficient factual findings that Williams qualified as an organizer or leader.

LTL Management LLC v.

Court of Appeals for the Third Circuit · Jul 25, 2024

Well-established Third Circuit caselaw bars a bankruptcy absent financial distress. Id. at 104-05; see NMSBPCSLDHB, L.P., v. Integrated Telecom Express, Inc. … But LTL’s two arguments for financial distress - insolvency and cash-flow difficulties that could result in liquidations at HoldCo - do not qualify (we explain why below).

Snell v. York

Court of Appeals for the Third Circuit · Apr 27, 2009

FOURTH AMENDMENT CLAIMS Snell also contends that Sergeant Camacho arrested him 12 We do not address qualified immunity or Snell’s right to specific relief, as these issues were not decided by the District … not establish an excessive force claim, and vice-versa.”)).

Bright v. Gillis

89 F. App'x 802 · Court of Appeals for the Third Circuit · Feb 26, 2004

warranted “to show the mental state of the group of 10 to 15 guards that [sic] attacked plaintiff and other prisoners” and “to counter the affirmative defense of 6 good faith immunity … Bright clearly overstates the importance of his evidence of injuries suffered by other inmates in establishing his Eighth Amendment claim.

Seklua v. FDIC, Inc.

Court of Appeals for the Third Circuit · Nov 9, 1994

Subsection (c) discusses how accounts qualify, and (d) describes how joint accounts are treated if they do not qualify. … The first alternative would collapse into one step what is clearly meant to be a two-step process under the regulation.

United States v. James Blakney

558 F. App'x 300 · Court of Appeals for the Third Circuit · Mar 11, 2014

The District Court disagreed, finding that the certified copy established that Blakney was convicted of the qualifying offense. … Based on this testimony, the District Court did not clearly err in concluding that the omission of this information was immaterial.

Barry Young v. School District of Philadelphi

427 F. App'x 150 · Court of Appeals for the Third Circuit · May 11, 2011

To establish a prima facie case, a Title VII plaintiff must demonstrate that: 1) he belongs to a protected class; 2) he was qualified for the position; 3) he was subject to an adverse employment action; and 4) the adverse … First, local governments and agencies are immune from suit for defamation. 42 Pa. Cons. Stat. § 8541; see also Keeler v. Everett Area Sch. Dist., 533 A.2d 836, 837 (Pa. Commw.

Muhammad v. Sills Cummis & Gross P.C.

621 F. App'x 96 · Court of Appeals for the Third Circuit · Jul 14, 2015

To satisfy the first step and establish a prima facie claim of age discrimination, a plaintiff is required to show that: (1) he was over 40, (2) he was qualified for the position in question, (3) he was subject to an adverse … Here, Muhammad clearly made out the first three elements of a prima facie case.

Abu-Jamal v. Horn

Court of Appeals for the Third Circuit · Mar 27, 2008

Accordingly, we need only review this first step of the Batson standard to determine whether the Pennsylvania Supreme Court’s conclusion was an unreasonable application of clearly established federal law as determined by … I am mindful that, under AEDPA, our role is to determine whether “[t]he state court’s application of clearly established law [was] objectively unreasonable.” Lockyer, 538 U.S. at 75.

Moreland v. Western Pennsylvania Interscholastic Athletic League

572 F.2d 121 · Court of Appeals for the Third Circuit · Feb 27, 1978

However, should the team again win this year and qualify for post-season competition, there is the practical question whether Moreland could obtain judicial review in a fresh suit. … Boren, 429 U.S. 190 , 97 S.Ct. 457 , 50 L.Ed.2d 397 (1976): "To withstand constitutional challenge, previous cases establish that classification by gender must serve important governmental objectives and must be substantially

Nelson v. Pilkington PLC

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.

LTL Management LLC v.

Court of Appeals for the Third Circuit · Jul 25, 2024

Well-established Third Circuit caselaw bars a bankruptcy absent financial distress. Id. at 104-05; see NMSBPCSLDHB, L.P., v. Integrated Telecom Express, Inc. … But LTL’s two arguments for financial distress - insolvency and cash-flow difficulties that could result in liquidations at HoldCo - do not qualify (we explain why below).