Case law

United States v. Calixto Tumbaco

Court of Appeals for the Third Circuit · Dec 22, 2023

Moreover, none of the three grounds for appeal set forth in Tumbaco’s pro se brief establish a non-frivolous issue. … The District Court correctly recognized that Tumbaco qualified for the “safety valve” provision and reduced his sentence accordingly.

United States v. Ishmael Garrett

504 F. App'x 132 · Court of Appeals for the Third Circuit · Nov 13, 2012

―[I]f [an] asserted procedural error is purely factual, our review is highly deferential and we will conclude there has been an abuse of discretion only if the district court‘s findings are clearly erroneous.‖ Wise, 515 … Garrett‘s argument fails because Stinson established that a conviction under 18 Pa. Cons.

Owens v. Aetna Life & Casualty Co.

654 F.2d 218 · Court of Appeals for the Third Circuit · Jul 7, 1981

It establishes no issue of material fact as to what Owens could hope to establish at trial. 35 Neither in his pleadings and affidavits in the district court nor here did Owens advance any theory of liability based on concert … Mere membership in any group would then qualify members, good and bad risks, for coverage under the group insurance concept. Surcharging bad risks had not proven efficacious.

Michael Mindock v. Weir Minerals North America

501 F. App'x 200 · Court of Appeals for the Third Circuit · Oct 17, 2012

plaintiff; third, that the plaintiff was qualified for the position in question; and fourth, that the plaintiff was ultimately replaced by another employee who was sufficiently younger to support an … Here, the District Court correctly found that Mindock clearly fulfilled the first three 4 requirements because he was 47 years old at the time that Weir terminated him

United States v. Guiterrez

41 F. App'x 563 · Court of Appeals for the Third Circuit · Jul 30, 2002

Perjurious testimony qualifies a defendant for the enhancement under U.S.S.G. 3C1.1. … The evidence in this case was clearly sufficient to support the jury’s verdict of guilt beyond a reasonable doubt.

Menkowitz v. Pottstown Memorial Medical Center

154 F.3d 113 · Court of Appeals for the Third Circuit · Aug 24, 1998

As both the language of Title III and its legislative history clearly demonstrate, the phrase “clients or customers,” which only appears in 42 U.S.C. § 12182 (b)(l)(A)(iv), is not a general circumscription of Title III and … We have held that in order to establish a violation under this section, the plaintiff must prove: (1) that he is a “handicapped individual” under the Act, (2) that he is “otherwise qualified” for the position sought, (3)

In Re Pet Food Products Liability Litigation

629 F.3d 333 · Court of Appeals for the Third Circuit · Dec 16, 2010

defendants’ liability;” and (2) “plaintiffs have retained attorneys who are highly qualified, experienced and able to conduct this litigation.” … The district court’s findings under the Girsh test are factual, and will be upheld unless they are clearly erroneous. Id. at 786 .

United States v. Augustine Ferrone

438 F.2d 381 · Court of Appeals for the Third Circuit · Feb 17, 1971

The affidavit established probable cause for the issuance of the warrants. Obviously, the heart of the probable cause is the telephone records. … Suffice it to say that that point is beyond the forty-two days, at least in the qualified circumstances of this case. 15 .

Robert W. Groves v. Modified Retirement Plan For Hourly Paid Employees Of The Johns Manville Corporation And Subsidiaries

803 F.2d 109 · Court of Appeals for the Third Circuit · Oct 15, 1986

The Plan administrator's letter informing Groves of this decision stated simply that his disability was "insufficient to qualify for Disability Retirement under the terms of the Retirement Plan." … Sec. 2560.503-1(g), requires "every plan" to establish a procedure by which claimants can appeal the denial of their claims.

In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc., No. 06-2166. In Re Hechinger Investment Company of Delaware, Inc., Debtors. Hechinger Investment Company of Delaware, Inc. v. Universal Forest Products, Inc. Hechinger Liquidation Trust, as Successor in Interest to Hechinger Investment Company of Delaware Inc., Debtors in Possession, No. 06-2229

489 F.3d 568 · Court of Appeals for the Third Circuit · Jun 7, 2007

therefore focused on subsections B and C. 27 Starting with subsection B of the defense, UFP argued that all payments made by Hechinger within the new credit terms (i.e., within eight days of the invoice date) presumptively qualified … The Bankruptcy Court did not clearly err in finding that the new credit arrangements between the parties were "extreme" and "out of character with the long historical relationship between these parties."

Rehman v. Attorney General of the United States

178 F. App'x 126 · Court of Appeals for the Third Circuit · Apr 25, 2006

To qualify as a “refugee” who may receive asylum, an alien must establish that 4 s/he is unable or unwilling to return to his or her country of nationality “because of persecution … Furthermore, the conviction not to use a position of authority to commit terrorist attacks is clearly a matter of conscience. Id. at 171; Fatin, 12 F.3d at 1240.

Fassett, Anne v. Delta Kappa Epsilon (New York), the Villanova Chapter of Delta Kappa Epsilon, Poch, Christopher, Bacha, Michael, Troy, Christopher L., Turgis, Bruce E. And Zachea, Kevin. (Two Cases). The Villanova Chapter of Delta Kappa Epsilon v. Evans, Corbin S., Dallesandro, Nicholas, Bacha, Jr., Michael, the Villanova Chapter of Delta Kappa Epsilon, and Its Individual Members as of September 25, 1982: Bruce Baltera, Eugene Camposano, Louis D'onofrio, William J. Furey, Peter Jirak, David R. Jones, Richard J. Keating, Bob Mayer, Glenn P. Maykish, Micky McClure Ken Murphy, William Scott O'neil, Michael F. O'sullivan, Anthony D. Pacaro, Christopher F. Poch, Stephen T. Schmidt, Christopher L. Troy, Bruce E. Turgiss, Timothy F. Vallace, Paul Vandeventer, Christopher J. Wackerman, Peter J. Wynne, Kevin C. Zacchea. Troy, Christopher L. v. Evans, Corbin S. And D'allensandro, Nicholas. (Two Cases). Appeal of Anne Fassett. Buckley, John L., Jr., Administrator of the Estate of Buckley, Monica T., Deceased v. Poch, Christopher F., Troy, Christopher L., Turgiss, Bruce, Zacchea, Kevin, Hoffend, Daniel, Delta Kappa Epsilon Doughery Hall, Delta Kappa Epsilon of New York v. The Villanova Chapter of Delta Kappa Epsilon, and Its Individual Members as of September 25, 1982: Bruce Baltera, Eugene Camposano, Louis D'onofrio, William J. Furey, Daniel J. Hoffend, Peter Jirak, Richard J. Keating, Bob Mayer, Glenn P. Maykish, Micky McClure Ken Murphy, William Scott O'neil, Michael F. O'sullivan, Anthony D. Pacaro, Christopher F. Poch, Stephen T. Schmidt, Bruce E. Turgis, Timothy F. Vallace, Paul Vandeventer, Christopher J. Wackerman, Peter J. Wynne, Kevin C. Zacchea. Poch, Christopher F., Troy, Christopher L. v. Evans, Corbin S., D'allensandro, Nicholas and Wynne, Peter J. (Two Cases) Appeal of John L. Buckley, Administrator of the Estate of Monica T. Buckley, Deceased. The Villanova Chapter of Delta Kappa Epsilon v. Evans, Corbin S., Dallesandro, Nicholas, Bacha, Jr., Michael, Hoffend, Daniel, the Villanova Chapter of Delta Kappa Epsilon, and Its Individual Members as of September 25, 1982: Robert J. Ackerman, Bruce Baltera, Thomas C. Brockwell, Eugene Camposano, Kevin Connor, Joseph F. Delaney, Louis D'onofrio, Richard J. Dulcey, Daniel M. Farrell, Sean P. Flanagan, William J. Furey, Paul A. Gentile, Daniel J. Hoffend, Peter Jirak, David R. Jones, Richard J. Keating, Attila A. Koc, Bob Mayer, Glenn P. Maykish, Micky McClure Steven M. McEvoy John J. McGee Thomas M. Mulroy, Ken Murphy, Ronald A. Nauman, William Scott O'neil, Michael F. O'sullivan, Anthony D. Pacaro, Christopher F. Poch, Henry Rohrer, Stephen T. Schmidt, Joseph A. Torrisi, Christopher L. Troy, Bruce E. Turgiss, Timothy F. Vallace, Paul Vandeventer, Christopher J. Wackerman, James T. Wilson, Peter J. Wynne, Kevin C. Zacchea. Appeal of Bruce Turgiss (Two Cases). Buckley, John L., Jr., Administrator of the Estate of Buckley, Monica T., Deceased v. Poch, Christopher F., Troy, Christopher L. Turgiss, Bruce, Zacchea, Kevin, Bacha, Michael, Jr., Hoffend, Daniel, Delta Kappa Epsilon Doughery Hall, Delta Kappa Epsilon of New York v. The Villanova Chapter of Delta Kappa Epsilon and Its Individual Members as of September 25, 1982: Robert J. Ackerman, Bruce Baltera, Thomas C. Brockwell, Eugene Camposano, Kevin Connor, Joseph F. Delaney, Louis D'onofrio, Richard J. Dulcey, Daniel M. Farrell, Sean P. Flanagan, William J. Furey, Paul A. Gentile, Daniel J. Hoffend, Peter Jirak, David R. Jones, Richard J. Keating, Attila A. Koc, Bob Mayer, Glenn P. Maykish, Micky McClure Steven M. McEvoy John J. McGee Thomas M. Mulroy, Ken Murphy, Ronald A. Nauman, William Scott O'neil, Michael F. O'sullivan, Anthony D. Pacaro, Christopher F. Poch, Henry Rohrer, Stephen T. Schmidt, Joseph A. Torrisi, Bruce E. Turgis, Timothy F. Vallace, Paul Vandeventer, Christopher J. Wackerman, James T. Wilson, Peter J. Wynne, Kevin C. Zacchea

807 F.2d 1150 · Court of Appeals for the Third Circuit · Jan 8, 1987

Were we to hold otherwise, the very substantial claims of the plaintiffs would be immunized from judicial review forever. … The Cohen doctrine thus clearly does not apply to this case.

John Burkey v. Helen Marberry

Court of Appeals for the Third Circuit · Feb 18, 2009

Cohen, 392 U.S. 83, 96 n.14 (1968) (noting long established rule against advisory opinions). … For, if not presumed, surely they must be proven; and the petitioner is clearly the one to do so. Cf.

Anita Pritchard, Administratrix of the Estate of Otto E. Pritchard, Deceased v. Liggett & Myers Tobacco Company, a Corporation

350 F.2d 479 · Court of Appeals for the Third Circuit · Jul 26, 1965

The well established Pennsylvania practice which was later cast in the form of a statutory command is not weakened because of a stray decision running the other way. … An intention so clearly and authoritatively written should not be uprotted and rendered meaningless by the subordinate element of punctuation, especially when it is irrelevant.

Chemical Leaman, Tank Lines, Inc. v. Interstate Commerce Commission

593 F.2d 241 · Court of Appeals for the Third Circuit · Feb 26, 1979

1957 Congress amended the Interstate Commerce Act by considerably narrowing the definition of contract carrier set forth in § 203(a)(15) of the Act. 1 Inevitably many of the then-existing contract carriers were no longer qualified … Under these circumstances the Commission may hardly be faulted for developing such a record and exercising the discretion clearly contemplated in the 1969 opinion of the three-judge court.

John Duda v. Standard Insurance Co

649 F. App'x 230 · Court of Appeals for the Third Circuit · May 10, 2016

As relevant here, to qualify for residual disability, an insured “must be earning at least 20% less than his or her monthly earned income base.” (Id.) … “clearly does not contemplate actions for bad faith based upon allegation of discovery violations.” O’Donnell ex rel. Mitro v. Allstate Ins. Co., 734 A.2d 901, 908 (Pa. Super. Ct. 1999). Although the Hollock v.

Strozyk v. Norfolk Southern Corp.

358 F.3d 268 · Court of Appeals for the Third Circuit · Jan 20, 2004

Indeed, Norfolk conceded in oral argument that the cases it relies upon for this proposition establish merely that railroads have a duty to warn. … Pennsylvania case law does not however appear to clearly state the principle urged by Norfolk.  16 conditions and obstructions, such as vegetation or embankments, the speed of the oncoming

Rhone Poulenc Rorer Pharmaceuticals Inc. v. Newman Glass Works

112 F.3d 695 · Court of Appeals for the Third Circuit · May 5, 1997

The guaranty was not absolute, but qualified. It extended to their own work only, and only so far as this was involved, to the result. … This case clearly involves the latter type of specification.

Roland Graham v. Department of the Treasury IRS

Court of Appeals for the Third Circuit · May 23, 2023

The District Court assumed without deciding that the United States had waived its sovereign immunity for claims under the CARES Act and that a person seeking payment under that Act need not exhaust administrative remedies … Nevertheless, the District Court held that Graham lacked standing: “Graham has not established that he has suffered an injury or will suffer an injury if the Court does not address his claims because the CARES Act did not

Cadillac Fairview/california, Inc. v. Dow Chemical Company, Defendant-Third-Party-Plaintiff-Appellee v. United States of America, Defendant-Third-Party-Defendant-Appellant

299 F.3d 1019 · Court of Appeals for the Third Circuit · Aug 6, 2002

President Roosevelt established a committee of three, Bernard Baruch as chairman, along with the presidents of Harvard and M.I.T., to investigate and "recommend such action as will produce the rubber necessary for our total … The Findings. 32 The government argues that the district court clearly erred in finding the government control was as great as the findings of fact say.