Case law

Shell Oil Company v. Federal Power Commission, Southern California Gas Company and Southern Counties Gas Company of California, El Paso Natural Gas Company, the People of the State of California and the Public Utilities Commission of the State of California, Pacific Gas and Electric Company, Intervenors. The Superior Oil Company v. Federal Power Commission, El Paso Natural Gas Company, Pacific Gas and Electric Company, People of the State of California and the Public Utilities Commission of the State of California, Southern California Gas Company and Southern Counties Gas Company of California, Intervenors. Hunt Oil Company v. Federal Power Commission, El Paso Natural Gas Company, Pacific Gas and Electric Company, People of the State of California and the Public Utilities Commission of the State of California, Southern California Gas Company and Southern Counties Gas Company of California, Intervenors. Sun Oil Company v. Federal Power Commission, Southern California Gas Company and Southern Counties Gas Company of California, El Paso Natural Gas Company, the People of the State of California and the Public Utilities Commission of the State of California, Pacific Gas and Electric Company, Intervenor

334 F.2d 1002 · Court of Appeals for the Third Circuit · Jul 30, 1964

This argument is without merit and the cases cited in support of it are clearly inapposite. … We have examined Superior's written offer of proof in the light of the evidence introduced by El Paso and find that the proffered evidence did not qualify as rebuttal.

Michael Fletcher v. Edward Grynkewicz, III

644 F. App'x 167 · Court of Appeals for the Third Circuit · Mar 14, 2016

Their denials of Fletcher’s requests for appointment of counsel did not rest upon a clearly erroneous finding of fact, and we therefore find no abuse of discretion. … Hence, most of these cases require expert testimony.”); Pinchak, 294 F.3d at 504 (explaining that “to prove any serious deterioration in his heart’s condition or in his immune system, [the plaintiff]

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

499 F.3d 184 · Court of Appeals for the Third Circuit · Aug 23, 2007

Rather, it contended that the jury’s punitive damages verdict should be overturned altogether because CGB had failed to establish the necessary elements of its tortious interference claims. CGB I, 357 F.3d at 383 . … The District Court concluded that Sunrise's continuance request was "clearly the product of bad planning and, mostly likely, bad faith,” and we upheld that ruling. CGB I, 357 F.3d at 391 .

Michael Davis v. Superintendent Graterford SCI

Court of Appeals for the Third Circuit · Jan 7, 2021

It was clearly better to simply allow Jefferson and Davis to deny those insinuations than to risk allowing the jury to hear evidence that would have established a proper foundation for those questions. … described C.H.’s hymen as “thick [and] redundant” with “no notches” and “no lesions.”10 The exam report also contained an assessment that “there were no physical findings of abuse.”11 But that ignores the fact that the report qualified

George Manolovich, III v. Bethel Park

461 F. App'x 187 · Court of Appeals for the Third Circuit · Feb 10, 2012

To make out a prima facie case under 42 U.S.C. § 1983, a plaintiff must demonstrate that a person acting under color of state law deprived the plaintiff of a right, privilege, or immunity secured by the Constitution or … The database records and testimony of the Bethel Police Department Computer Administrator regarding those records clearly establish that neither Anibaldi nor any other member of the Bethel Police Department accessed the

National Association For The Advancement Of Colored People v. The Wilmington Medical Center, Inc.

689 F.2d 1161 · Court of Appeals for the Third Circuit · Nov 8, 1982

The district court itself clearly regarded the Supplemental Agreement as a remedy for Plan Omega's discriminatory effects. … Plaintiffs clearly benefitted when defendants voluntarily ceased their objectionable practices. In Bagby v.

Charles Greenleaf, Jr., Alternate of the Estate of Charles Greenleaf, Sr., Deceased Naomi Greenleaf, in Her Own Right v. Garlock, Inc. Fibreboard Corporation Celotex Corporation Owens Corning Fiberglas Corp. Owens-Illinois Glass Co. Eagle-Picher Industries, Inc. John Crane-Houdaille, Inc. A.W. Chesterton Sepco Corp. Uniroyal, Inc. Owens Corning Fiberglas Corp. Owens-Illinois Glass Co., Third-Party v. Hopeman Brothers, Inc. Combustion Engineering, Inc. Anchor Packing Co., Inc. Armstrong World Industries, Inc. Green Tweed & Co., Inc. Melrath Gasket Company, Inc. Melrath Basket Holding Co., Inc. Pars Manufacturing Co., Third-Party Owens Corning, No. 97-1820. Charles Greenleaf, Jr., Alternate of the Estate of Charles Greenleaf, Sr., Deceased Naomi Greenleaf, in Her Own Right v. Garlock, Inc. Fibreboard Corporation Celotex Corporation Owens Corning Fiberglas Corp. Owens-Illinois Glass Co. Eagle-Picher Industries, Inc. John Crane-Houdaille, Inc. A.W. Chesterton Sepco Corp. Uniroyal, Inc. Owens Corning Fiberglas Corp. Owens-Illinois Glass Co., Third-Party v. Hopeman Brothers, Inc. Combustion Engineering, Inc. Anchor Packing Co., Inc. Armstrong World Industries, Inc. Green Tweed & Co., Inc. Melrath Gasket Company, Inc. Melrath Basket Holding Co., Inc. Pars Manufacturing Co., Third-Party Garlock, Inc., No. 97-1821

174 F.3d 352 · Court of Appeals for the Third Circuit · Apr 26, 1999

Under the law of the jurisdiction, B cannot appeal at this point as there is no judgment that qualifies as final for that purpose; an appealable judgment would be reached later, when, in the second phase of the trial, another … state action (i) Greenleaf was represented by counsel, (ii) the issue of damages was genuinely contested in a jury trial, (iii) the verdict was not tentative, and (iv) allowing damages to be relitigated in federal court clearly

San Filippo v. Bongiovanni

961 F.2d 1125 · Court of Appeals for the Third Circuit · Apr 22, 1992

Subsequently you supported these individuals for admission to the graduate program in Chemistry, a fact which clearly established that they did not have the credentials to be post-doctoral fellows. 27 5. … The sounds of substantive due process echo back most clearly in Dr.

Greate Bay Hotel & Casino, D/B/A Sands Hotel, Casino & Country Club v. Leonard H. Tose, Greate Bay Hotel & Casino, D/B/A Sands Hotel, Casino & Country Club v. Leonard H. Tose, Greate Bay Hotel & Casino, Inc.

34 F.3d 1227 · Court of Appeals for the Third Circuit · Oct 19, 1994

However, the Supreme Court partially modified and qualified the Appellate Division's rationale. Id. at 1318-19. … DeFazio, 126 A.2d at 643 (emphasis added). 20 The case before us clearly is distinguishable from Lally, as the legislature provided in N.J.Stat.Ann.

Marino v. Ballestas

749 F.2d 162 · Court of Appeals for the Third Circuit · Nov 28, 1984

This court, in Dunham, 423 F.2d at 944 , relying on the decision in Gray , stated: Although it is not clearly articulated, a careful analysis of the rationale of the applicable citations, including Gray v. … Ballestas, he told the Ma-rinos that they were free to remove Maria from the hospital, but he qualified this statement with the warning that to do so would risk permanent paralysis of their daughter’s arm.

Domingo Antonio Hernandez v. Alberto R. Gonzales, Attorney General of the United States

437 F.3d 341 · Court of Appeals for the Third Circuit · Feb 14, 2006

In sum, “[t]he Landgraf line ... establishes that a change in law can be found impermissibly retroactive without establishing that some (or all) members of the group affected by the change in law relied on the prior state … Because the statute does not clearly state that it is to be applied retroactively, we proceed to the second step of the Landgraf analysis.

United States v. Frederick A. Gross, United States of America v. William Michael Searcy

961 F.2d 1097 · Court of Appeals for the Third Circuit · May 19, 1992

Clearly, the prosecutor’s notes from his interviews with Simmons were not a record of Simmons’s testimony before the grand jury, and, hence, they need not be revealed under § 3500(e)(3). … Although, as the district court observed, the notes may occasionally reflect precise phrases used by the witness, the presence of such brief quotations is inadequate to qualify the notes as Jencks material.

Harry Beckett v. T. Grant

Court of Appeals for the Third Circuit · Feb 17, 2022

The District Court held that it could not “conclude from the second amended complaint, as pled, that [Beckett’s] placement in 4 air-conditioned units qualifies as cruel and … Metcalf & Eddy, Inc., 506 U.S. 139, 144 (1993) (stating that states and state agencies are immune from suit for monetary damages in federal court).

Lawrence R. Alberti v. Johnny Klevenhagen, the Sheriff of Harris County, Defendants-Third Party v. Ann Richards, the Governor of Texas, Defendants-Third-Party Lawrence R. Alberti v. Johnny Klevenhagen, the Sheriff of Harris County, Defendants-Third Party v. Ann Richards, the Governor of Texas, Defendants-Third Party

46 F.3d 1347 · Court of Appeals for the Third Circuit · Feb 23, 1995

We have held that: 75 an assessment of costs against the state is not prohibited by the state's Eleventh Amendment immunity. … Clearly, the February 4, 1975 order was--just as it was labeled--a consent judgment. 2.

Gage v. Warren Township Committee & Planning Board Members

463 F. App'x 68 · Court of Appeals for the Third Circuit · Mar 2, 2012

Under Third Circuit LAR 27.4 and I.O.P. 10.6, we may summarily dispose of an appeal when it clearly appears that no substantial question is presented by the appeal. … All matters 1 The defendant judges are, of course, absolutely immunized from a civil rights suit for money damages arising from their judicial acts. Mireles v. Waco, 502 U.S. 9, 9 (1991) (per curiam); Stump v.

Baxter v. Baxter

Court of Appeals for the Third Circuit · Sep 15, 2005

On the facts here, Delaware does not qualify as Torin’s habitual residence prior to removal. … The finding that the Baxters had decided to leave Australia definitively is unsupported and will be set aside as clearly erroneous.

Capital Cities Media, Inc. v. Chester

797 F.2d 1164 · Court of Appeals for the Third Circuit · Jul 21, 1986

While these cases clearly represent a significant development, they do not expressly or impliedly overrule Houchins . … If the particular proceeding in question passes these tests of experience and logic, a qualified First Amendment right of public access attaches.

United States v. Michael Matthews

532 F. App'x 211 · Court of Appeals for the Third Circuit · Jul 25, 2013

However, the exigent circumstances must be clearly describable. Examples of exigent circumstances: —Immediately dangerous instrumentalities, e.g. explosives. … However, the Court concluded that the search qualified as a valid inventory search, finding that Officer Pomeroy searched the backpack “pursuant to long-standing and clearly articulated Philadelphia Police Department policy

Mallet and Company Inc v. Ada Lacayo

Court of Appeals for the Third Circuit · Oct 15, 2021

In other words, ‘the “proper” approach is clearly fact-dependent.’” … SI Handling Sys., 753 F.2d at 1256.29 In other words, while an the law clearly provides.”); Radiant Glob. Logistics, Inc., 368 F.

Kralik v. Durbin

130 F.3d 76 · Court of Appeals for the Third Circuit · Dec 12, 1997

But inasmuch as Eckles did not claim that "the seniority system was established, even in part, in order to bypass the duty to accommodate" a qualified individual with a disability under the ADA, there was "no evidence of … Clearly, the EEOC did not assume that Congress, in drafting the ADA, had incorporated the per se rule adopted by the majority.