Case law

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

Layne B. Foulk Marjorie E. Foulk, H/w v. Donjon Marine Company, Inc., Defendant/third-Party v. Breakwaters International, Inc., Third-Party Donjon Marine Company, Inc., in 97-5235. Layne B. Foulk Marjorie E. Foulk, in 97-5269

144 F.3d 252 · Court of Appeals for the Third Circuit · May 11, 1998

By affirmatively including such a statement, a party clearly describes a claim as being one in admiralty. … Thus, under the "no snapshot" doctrine, 10 days, not a few hours, is the appropriate durational measure. 25 The question then is whether Foulk qualifies as a Jones Act "seaman" when his durational connection to the Farrell

Forrester v. Attorney General

207 F. App'x 258 · Court of Appeals for the Third Circuit · Dec 27, 2006

In reversing the IJ, the BIA concluded that “[a]bsent any clearly identifiable, commonly known facts or references to official documents, it was error for the Immigration Judge to take administrative notice and conclude … Matter of Y-L does not establish any such categorical rule: It establishes only a rebuttable presumption that any alien who commits a drug offense will be deported. Id. at 270.

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 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. Adrian Stock

728 F.3d 287 · Court of Appeals for the Third Circuit · Aug 26, 2013

It is not unprecedented for a court to conclude that a communication does not legally qualify as a threat or a true threat. … Here, the record reflects that the District Court clearly recognized its authority to dismiss the indictment as a matter of law.

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)

United States v. Langford

Court of Appeals for the Third Circuit · Feb 28, 2008

Wilken, 498 F.3d 1160 (10th Cir. 2007) (holding that the erroneous application of an enhancement did not affect the district court’s selection of the sentence imposed because defendant qualified as a career … The Act created the United States Sentencing Commission and directed it to promulgate Guidelines establishing narrow ranges of determinate sentences for categories of offenses and defendants. 28 U.S.C. §§ 991, 994.

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.

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.

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.

Harry T. Krynicky, Jr. v. University of Pittsburgh, Wesley W. Posvar, Paul N. Robinson, Rhoten A. Smith, Donald N. Henderson, Robert Nossen, Rosemary Schier v. Temple University

742 F.2d 94 · Court of Appeals for the Third Circuit · Sep 28, 1984

See Lugar, 457 U.S. at 938 n. 19, 102 S.Ct. at 2754 n. 19. 32 As is apparent from the preceding discussion, the Supreme Court in the Lugar trilogy clearly treated the symbiotic relationship test as a viable framework of analysis … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Elliot Fineman the Industry Network System, Inc. v. Armstrong World Industries, Inc.

980 F.2d 171 · Court of Appeals for the Third Circuit · Nov 24, 1992

The objective is to establish a network of retailers who will utilize various video based programs on a monthly basis. … In its judgment, the cautionary instructions given to the jury proved to be insufficient to immunize the jury from the improper and inflammatory remarks of plaintiffs’ counsel. Fineman, 774 F.Supp. at 269 .

United States of America Ex Rel. Albert B. Crosby v. Joseph R. Brierley, Superintendent, Philadelphia, Pennsylvania

404 F.2d 790 · Court of Appeals for the Third Circuit · Dec 9, 1968

As was noted in Hulsey , a plea of guilty “should not be accepted if so limited or conditioned that it constitutes * * * little more than an ambiguous expression of qualified guilt coupled with a protestation of innocence … Where such plea is entered, it is not the province of the court to accept or reject testimony tending to establish self-defense.

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."

United States v. Lott

240 F. App'x 992 · Court of Appeals for the Third Circuit · Aug 15, 2007

Detective Christopher Lee, who was qualified as an expert witness, testified that the quantity of drugs in this case, their separate packaging, and Lott’s carrying of a firearm were all factors that, in Detective Lee’s … As the facts of this 5 case clearly demonstrate, the indictment should have charged Lott with carrying, rather than merely possessing, a firearm during and in relation to

Mervin John v. Secretary Army

484 F. App'x 661 · Court of Appeals for the Third Circuit · Jun 5, 2012

The United States has waived its sovereign immunity and is generally liable for tort damages under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2674. … To have a property interest in continued employment, “a person clearly must have more than an abstract need or desire for it [and] more than a unilateral expectation of it.” Bd. of Regents of State Colls. v.

Jack Foster Outten, Jr. v. Rick Kearney, Warden, Sussex Correctional Institute Attorney General of the State of Delaware, Jack F. Outten, Jr.

464 F.3d 401 · Court of Appeals for the Third Circuit · Sep 28, 2006

Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000), the Supreme Court held that a state court decision is “contrary to” clearly established federal law if it (1) “contradicts the governing law set- forth in [the … Strickland qualifies as ‘clearly established [fjederal law, as determined by the Supreme Court of the United States.’ ” Williams, 529 U.S. at 391 , 120 S.Ct. 1495 .

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

Association New Jersey Rifle v. Attorney General New Jersey

Court of Appeals for the Third Circuit · Sep 1, 2020

But whether we agree with the majority’s opinion or not, we cannot say that it is clearly wrong or manifestly unjust. … Heller itself repeatedly invokes the First Amendment in establishing principles governing the Second Amendment.” Id.