Case law

Peoples Trust Co. v. United States

412 F.2d 1156 · Court of Appeals for the Third Circuit · Jun 27, 1969

court, contending that the record contains no evidence of the value of the probate estate of Paul O’Brien to support or rebut the court’s finding. 12 A lower court’s findings of fact are not to be disturbed on appeal unless clearly … In order to qualify for the marital deduction, the surviving spouse must have an unqualified power to appoint the principal to herself during her lifetime.

District Council 47 v. Bradley

795 F.2d 310 · Court of Appeals for the Third Circuit · Jul 9, 1986

The majority nevertheless contend that where “the complaint specifically alleges a violation of clearly identified liberty and property intereste through specific actions, a suit against the officials involved should not … Elsewhere, I have emphasized that statements in a published opinion must be drafted with extreme care: Published opinions are the principal means of carrying out the decisional process and, as such, qualify as "performative

Osei-Afriyie v. Medical College of Pennsylvania

937 F.2d 876 · Court of Appeals for the Third Circuit · Jul 1, 1991

Whatever emotional distress he suffered on July 25, 1985 was clearly time-barred because Osei-Afriyie did not bring suit until 1990. Osei-Afriyie also claims that his emotional distress was caused in part by Dr. … Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986) (noting that entry of summary judgment is proper “against party who fails to make a showing sufficient to establish the existence of an element

Krensavage v. Bayer Corp.

314 F. App'x 421 · Court of Appeals for the Third Circuit · Jan 22, 2008

Latrobe Area Hosp., 420 F.3d 278, 281-82 (3d Cir. 2005). 4 Under this standard, the denial of benefits “will be overturned only if it is ‘clearly not supported by the evidence … A threshold requirement in a disability discrimination case under the ADA is that the plaintiff be a “qualified individual with a disability.”

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 .

Official Committee of Unsecured Creditors of Cybergenics Corp. Ex Rel. Cybergenics Corp. v. Chinery

330 F.3d 548 · Court of Appeals for the Third Circuit · May 29, 2003

The Second ■Circuit clearly believes that Sections 1103(c)(5) and 1109(b) authorize derivative standing even after Hartford Underwriters . … Congress, however, has clearly decided that such actions are valuable to the Chapter 11 process, and we will not second-guess that judgment.

Kenyock Wright v. City of Philadelphia

685 F. App'x 142 · Court of Appeals for the Third Circuit · Apr 18, 2017

any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities … O’Donnell, 867 F.2d 791, 793–94 (3d Cir. 1989) (“Custom may be established by proof of knowledge and acquiescence.”).

Sandoval v. Reno

166 F.3d 225 · Court of Appeals for the Third Circuit · Jan 27, 1999

Accordingly, Sandoval was entitled to remain in the country, and eventually qualify for citizenship, provided that he did not commit an act subjecting him to deportation. … Argentina moved to dismiss on the basis of immunity granted to foreign sovereigns under the Foreign Sovereign Immunities Act of 1976 (FSIA), Pub.L.

Gilchrist Timber Co., C.L. Brice, L.A. Brice, Andy M. Brice, Sam Brice v. Itt Rayonier, Inc. v. Natural Resource Planning Services, Inc. And Andrew v. Santangini, Third-Party-Defendants

127 F.3d 1390 · Court of Appeals for the Third Circuit · Nov 18, 1997

ITT Rayonier, Inc., 95 F.3d 1033 (11th Cir.1996). 30 The Florida Supreme Court has answered our question "with a qualified affirmative, finding that the party who negligently transmitted the false information may be held … Clearly, a recipient of information will not have to investigate every piece of information furnished; a recipient will only be responsible for investigating information that a reasonable person in the position of the recipient

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.

Minizza, Anthony v. Stone Container Corp. Corrugated Container Div. East Plant

842 F.2d 1456 · Court of Appeals for the Third Circuit · Apr 26, 1988

In order to qualify for the second year payment, the employee had to have six months active status prior to the payment date. … Lady Jane Collieries, Inc., 722 F.2d 1141, 1143 (3d Cir.1983), and the employer bears the burden of establishing an exemption, Idaho Sheet Metal Workers, Inc. v.

Abu-Jamal v. Horn

520 F.3d 272 · Court of Appeals for the Third Circuit · Mar 27, 2008

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 , 123 S.Ct. 1166 . … In the tape, McMahon makes a number of highly inflammatory comments implying that he regularly seeks to keep qualified African-Americans from serving on juries.

Steven D'Agostino v. Secretary United States Air Force

Court of Appeals for the Third Circuit · Mar 21, 2024

Not unrelated: There were multiple instances in which the amount of 1 Insofar as we relate these findings, we have determined that they are not clearly erroneous. Cf. VICI Racing, LLC v. … Ann. § 34:11-56a et seq.,—as it had been for a good chunk of the litigation—and dismissed on grounds of sovereign immunity.

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.

Ambartsoumian v. Atty Gen USA

Court of Appeals for the Third Circuit · Nov 1, 2004

But he found that Nadia herself did 3 not suffer the same degree of persecution The IJ did not clearly state whether he as her father, and that the post-Communist … to fight in that war, do not in themselves establish past persecution.

Jermyn v. Horn

266 F.3d 257 · Court of Appeals for the Third Circuit · Sep 21, 2001

Our analysis of Jermyn’s ineffectiveness claims are governed by the Supreme Court’s clearly established precedent of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). … as a decision ‘involving an unreasonable application of ... clearly established Federal law.’ ”); id.

Gartor Brown v. Maxwell

Court of Appeals for the Third Circuit · Mar 21, 2024

Given the absence of evidence of such knowledge, the District Court’s factual findings were not clearly erroneous and its rejection of Brown’s failure to protect claim was proper. … Brown also challenges the District Court’s determination that her state law claims were barred by sovereign immunity. (Doc. 33, at 24-26 of 101.)

Vanderbilt v. Geo-Energy Limited

725 F.2d 204 · Court of Appeals for the Third Circuit · Dec 28, 1983

This court has declared that 14 [a]dequate representation depends on two factors: (a) the plaintiff's attorney must be qualified, experienced, and generally able to conduct the proposed litigation, and (b) the plaintiff must … Yet, these cases are clearly distinguishable because in each case the derivative plaintiffs had initiated the other lawsuits against the corporate defendants to obtain a favorable settlement or in other ways to advance their

Gloria J. Walters v. Gale Norton

326 F. App'x 644 · Court of Appeals for the Third Circuit · May 15, 2009

On the third KSA – which focused on communication skills – Ware “was clearly superior.” (Id. at 120.) … The District Court’s conclusion that Walters established a prima facie case is not disputed before us by the OIG.

Keenan v. City of Philadelphia

983 F.2d 459 · Court of Appeals for the Third Circuit · Dec 17, 1992

More particularly, I agree with Part IV A of the above opinion that the conduct of Grasso, Stoner, and Gallagher establishes their liability for punitive damages. … What was once based on deterrence and punishment has now lost its foundation. *478 In England, the concept of exemplary or punitive damages was first clearly articulated in the case of Wilkes v.