Case law

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.

Northeastern Gas Transp. Co. v. Federal Power Commission

195 F.2d 872 · Court of Appeals for the Third Circuit · Apr 4, 1952

It clearly indicated that it thought such a proposal could be and should be submitted “forthwith”. On October 9, 1950, Northeastern submitted its proposal. … benefits in part, at least, of an integrated natural gas system, by conditioning the certificate to Northeastern and “cmy certificate which may issue hereafter authorizing additional service in New England, to require the establishment

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

United States v. Vento

533 F.2d 838 · Court of Appeals for the Third Circuit · Mar 16, 1976

They suggest that the government should have subpoenaed the testimony of its informants and if necessary offered the informants immunity from prosecution. … Title III clearly contemplates that one interception might provide evidence valuable to law enforcement officers engaged in a different investigation.

United States v. Moya

118 F. App'x 666 · Court of Appeals for the Third Circuit · Jan 3, 2005

Even if Moya could establish that his failure to oppose motion for summary judgment was in some way justified or excusable, he could not obtain relief under Rule 3 60(b)(1 … That conviction, under N.J.S.A. § 2C:20-7 (requiring that the accused “knowingly receives” the property of another “knowing that it has been stolen, or believing that it is probably stolen”), clearly qualifies as a crime

Hi Tech Trans, LLC David Stoller v. State of New Jersey, Department of Environmental Protection Wolfgang Skacel, C.H.M.M. Bradley M. Campbell.

382 F.3d 295 · Court of Appeals for the Third Circuit · Sep 2, 2004

This record establishes that Hi Tech has never received such formal certification from the STB. … However, that was clearly just an attempt to allow for a remedy if it prevailed on its preemption claim.

United States v. Panaro

177 F. App'x 235 · Court of Appeals for the Third Circuit · Apr 26, 2006

The finding that Panaro had obstructed justice by providing false testimony is not clearly erroneous. … The Government contends that the record establishes that thirteen of Panaro’s forty-nine victims found out about Infinity Mortgage, Inc., through mass-marketing.

United States v. Corso

549 F.3d 921 · Court of Appeals for the Third Circuit · Dec 15, 2008

These failures were clearly error. Cf. … But we believe that the District Court should have qualified its post-sentencing remarks, ideally by explaining to Corso that his appellate waiver, if valid, curtailed his ability to appeal issues within its scope.

Mitchell v. Eastman Kodak Co

Court of Appeals for the Third Circuit · May 8, 1997

Kodak argues that because Mitchell's records contain no explicit doctor's statement that "Mitchell was totally disabled as of June 26, 1989," they fail to establish that Mitchell was in fact "totally disabled" by CFS on June … Gantz's letter of August 18, 1994 clearly explains how those symptoms rendered Mitchell totally disabled from gainful work.

Ndayshimiye v. Attorney General of the United States

557 F.3d 124 · Court of Appeals for the Third Circuit · Feb 24, 2009

Although both of those circumstances could be traced to the fact that Ambartsoumian was Armenian, the court concluded that the adverse treatment he faced did not qualify as “ethnic persecution.” 5 Id. *133 Ambartsoumian thus … Furthermore, the BIA clearly concluded that Petitioners’ Burundian background, whether it is described as their imputed nationality or their social status as old case-load refugees, played no central role in their persecution

Virgo Corporation v. Ralph M. Paiewonsky, Governor, Morris F. Decastro, Director of the Budget Andthe Government of the Virgin Islands, Master Time Company, Ltd. v. Percy Dejongh, as Commissioner of the Department of Finance of the Governmentof the Virgin Islands, Virgo Corporation v. Ralph M. Paiewonsky, Governor, Morris F. Decastro, Secretary, Governor'scommittee on the Virgin Islands Watch Industry, Member, Virgin Islandsindustrial Incentive Board, and Director of the Budget, Albert Prendergast,member, Governor'scommittee on the Virgin Islands Watch Industry, Chairman, Virgin Islandsindustrial Incentive Board, and Commissioner of Commerce Percy Dejongh,commissioner of the Department of Finance Ruben Wheatley, Member, Virginislands Industrial Incentiveboard and Director of Tax Division of Department of Finance Mahlen Lindquist,member, Virgin Islands Industrial Incentive Board Adolph Potter, Member,virgin Islands Industrial Incentive Board Joseph Alexander, Member, Virginislands Industrialincentive Board Percy Gardine, Member, Virgin Islands Industrial Incentiveboard the Government of the Virgin Islands, and Atlantic Time Productscorporation

384 F.2d 569 · Court of Appeals for the Third Circuit · Nov 7, 1967

The first was for a determination that the Governor had acted arbitrarily in making an allocation to Atlantic Time Products Corporation, a newly established watch manufacturer, from the reserve quota of 300,000 units established … It would lead back to every forest, mine, and factory in the land and create a zone of tax immunity never before imagined.

United States v. Mathis

Court of Appeals for the Third Circuit · Aug 30, 2001

Obviously he is qualified in this area. The debate over the differences in the studies is an interesting academic debate. … Loftus was an extremely qualified, experienced academic presenting opinions on topics near the heart of his expertise. Moreover, Dr.

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.

National Ass'n for the Advancement of Colored People v. Medical Center, Inc.

657 F.2d 1322 · Court of Appeals for the Third Circuit · Jun 29, 1981

In Bakke , the question was whether a state school could properly adopt an admissions policy clearly intended to prefer minorities. … From that perspective, we do not find legal error in the standards the district court utilized nor can we say that the factual findings are clearly erroneous.

United States of America Government of the Virgin Islands v. Ernie Ritter Reggy Ritter Dale Ritter

416 F.3d 256 · Court of Appeals for the Third Circuit · Aug 3, 2005

Under Ybarra , this "cursory search for weapons" clearly is not permitted absent a reasonable belief or suspicion that an individual encountered is armed, 444 U.S. at 88, 96 , 100 S.Ct. 338 . … At the time the magistrate issued the warrant, however, he had no post-tip qualifying indicia of the tip's overall reliability.

United States v. Williams

Court of Appeals for the Third Circuit · May 18, 1999

Stated differently, where a particular S 843(b) conviction establishes that the defendant "committ[ed]," "caus[ed]," or "facilitat[ed]" one of the acts enumerated in S 4B1.2(2), that conviction qualifies as a "controlled … Walton, 56 F.3d 551, 555-56 (4th Cir. 1995) ("The distribution of cocaine is clearly a [`controlled substance offense'] . . . ."); United States v.

Grupo Protexa, S.A. v. All American Marine Slip

954 F.2d 130 · Court of Appeals for the Third Circuit · Feb 3, 1992

Relying on cases construing this standard policy language, Protexa argued that the Port Captain's order alone established conclusively that the removal was "compulsory by law." … This placement suggests that the language qualifies the duty imposed by the language preceding the proviso, i.e., the insured's obligation not to "interfere in any negotiations" carried on by the insurer.

Jason Barr v. County of Clarion

417 F. App'x 178 · Court of Appeals for the Third Circuit · Mar 14, 2011

County of Clarion; and (4) Barr‟s claims against defendant Graham were barred by qualified immunity. 2 As explained in footnote 7, infra, whether Judge Arner‟s amended order did violate § 5505 is a matter of dispute … Because Graham‟s letter does not contain any misrepresentation of fact, Barr cannot establish proximate cause on this basis. 9 248.

Morris County Trust for Historic Preservation v. Pierce

714 F.2d 271 · Court of Appeals for the Third Circuit · Jul 29, 1983

Clearly, this is a construction of the statute which places too great an administrative burden on the urban renewal process.” See South Hill Neighborhood Association v. … Preservation Officer, [applying] the criteria of Effect (§ 800.3(a)) to determine whether the undertaking will have an effect upon the historical, architectural, archaeological, or cultural characteristics of the property that qualified

Winoff Industries, Inc. v. Stone Container Corp.

305 F.3d 145 · Court of Appeals for the Third Circuit · Sep 5, 2002

Clearly, if proof of the essential elements of the cause of action require individual treatment, then there cannot be a predominance of “questions of law and fact common to the members of the class.” … Appellants insist that the named Appellees would have to prove, among other things: (1) that Garrett Paper's conceded awareness of alleged illegality does not qualify as actual "discovery”; (2) that Garrett Paper's considered