Case law

Ameristeel Corp. v. Inter. Broth. of Teamsters

267 F.3d 264 · Court of Appeals for the Third Circuit · Sep 26, 2001

Accordingly, Howard Johnson does not bridge the gap between Wiley and Burns, nor does it establish broadly applicable guiding principles that should be implemented when analyzing labor law successorship problems. 3 32 Still … However, if one is 35 years of age, he or she does not necessarily qualify. Being a native-born citizen is another sine qua non, in fact.)

United States v. Joseph Konrad

730 F.3d 343 · Court of Appeals for the Third Circuit · Sep 20, 2013

“A person is ‘financially unable to obtain counsel’ ... if the person’s net financial resources and income are insufficient to obtain qualified counsel” considering “the cost of ... the necessities of life.” … Coniam, 574 F.Supp. at 618 (“Nothing in the act provides nor manifests a congressional intention to subsidize a defendant who is clearly able to pay out of earned income.”).

Michael Riley v. Letter Carriers Local No. 380

668 F.2d 224 · Court of Appeals for the Third Circuit · Jan 26, 1982

The majority, by accepting this discrepancy and affirming despite it, establishes a double standard. … The USPS clearly raised the statute as an affirmative defense in its answer to the amended complaint (see 23a) 10 Article XVI, § 3, reprinted at 484a-485a.

Harbor Business Compliance Corp v. Firstbase IO Inc

Court of Appeals for the Third Circuit · Aug 27, 2025

Because Firstbase forfeited its sufficiency-of-the- evidence argument for the protectability element of trade secret misappropriation and because this argument does not qualify for one of our narrow exceptions for reaching … “[R]emittitur is well established as a device employed when . . . a decision of the jury is clearly unsupported and/or excessive.” Spence, 806 F.2d at 1201.

Horn v. Kean

796 F.2d 668 · Court of Appeals for the Third Circuit · Jul 16, 1986

Where the Supreme Court has announced a constitutional rule that is immune from legislative amendment, any broadening of that rule, which necessarily would have a similar effect, ordinarily should be left to it. 48 Thus, … Brief for appellants at 4 2 The position of motor vehicle agent is established by statute. N.J.Stat.Ann.

Alaka v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 18, 2006

Cir. 1998) (holding that “[b]y using the word ‘thus,’ the Court clearly linked its reference [in the second sentence] to the previous sentence’s discussion”). … [t]he text of the plea agreement . . . definitively establishes that the only offense of which Chang was convicted falls about $9,400 shy of qualifying as an aggravated felony.

Matsushita Electric Industrial Co. v. Zenith Radio Corp.

631 F.2d 1069 · Court of Appeals for the Third Circuit · Jul 7, 1980

It has a greater effect than a judge in disciplining attorneys to present their cases clearly and concisely. … The remarks appear in the course of the court’s argument that a jury, in general, is better qualified than a judge to decide complex cases. Id. at 935-36 .

Lynch v. Rank

747 F.2d 528 · Court of Appeals for the Third Circuit · Nov 14, 1984

We find no clearly expressed intention in the legislative history that would lead us to depart from the language which Congress chose in drafting the amendment. … That is, persons having less income than some Pickle amendment beneficiaries are not eligible for categorical Medicaid because, for example, they were not previously recipients of SSI and therefore do not qualify for the

Young Song v. Attorney General United States

637 F. App'x 670 · Court of Appeals for the Third Circuit · Dec 31, 2015

The BIA ruled that the IJ’s adverse credibility finding is not clearly erroneous based on the inconsistencies in the evidence regarding the loan. … The Government, however, contends that Song has made only a bald-faced allegation of error that is insufficient to establish a colorable due process claim.

Provident National Bank, of the Estate of Abram L. Spector and Trustee Under Paragraph 12 of the Will of Abram L. Spector v. United States

581 F.2d 1081 · Court of Appeals for the Third Circuit · Jul 14, 1978

To obtain the marital deduction, an executor must establish (1) that the property interest passed from decedent to spouse, (2) the value of that property interest, (3) that the property interest is a deductible interest, … The audit clearly assumed that each Dial common share, voting and Class A non-voting, was of equal value having a proportionate claim on Dial’s earnings.

United States v. Haywood

Court of Appeals for the Third Circuit · Apr 8, 2004

to the “school zone” are clearly marked. … it could have been as required by 28 U.S.C. § 1827, or subjected to tests has to show the otherwise determined to be qualified

Abdulmalik Abdulla v. Attorney General United States

Court of Appeals for the Third Circuit · Aug 27, 2025

Even if we excuse exhaustion as to the due process claim, however, Abdulla’s citizenship and NTA claims are clearly foreclosed by our precedent. … Specifically, he claims that he qualified for derivative citizenship based on his father’s naturalization under the law at the time, former 8 U.S.C. § 1432(a).

Christopher Plumb v. Fluid Pump Service, Incorporated, Defendant-Cross-Claimantthird/party v. Star Marketing and Administration, Incorporated, Doing Business as Starmark, Trustmark Insurance Company and Time Insurance Company, Cross-Defendants-Appellees, and Starmark Trust and Christensen Key Financial, Incorporated, Third/party

124 F.3d 849 · Court of Appeals for the Third Circuit · Aug 27, 1997

Co., 913 F.2d 295, 297 (6th Cir.1990) ("The Michigan Insurance Code clearly regulates insurance. … Co., 924 F.2d 698, 700 (7th Cir.1991) (also stating that "an assignee cannot collect unless he establishes that the assignment comports with the plan").

Nathaniel Shipping, Inc., Cross-Appellant v. General Electric Company, Defendant-Cross-Defendant Third Party Cross-Appellee v. Louisiana Gulf Shipyards, Inc., Defendant-Cross Cross-Appellant

920 F.2d 1256 · Court of Appeals for the Third Circuit · Jan 15, 1991

Justice Blackmun's opinion for the Court was qualified by a statement that "[w]e do not reach the issue whether a tort cause of action can ever be stated in admiralty when the only damages sought are economic." 11 Judge King's … Such findings of fact by the district court are not to be overturned unless found to be clearly erroneous. 39 63 1. Where's the Garbage?

Otto v. PA State Ed Assoc

Court of Appeals for the Third Circuit · Apr 3, 2003

No other circuit has clearly resolved this issue.5 In 5. A state case from Massachusetts, Wareham Education Association v. … He acknowledged that litigation conducted by one bargaining unit could establish precedents useful to another bargaining unit.

Marcavage v. Bd Trustees Temple

232 F. App'x 79 · Court of Appeals for the Third Circuit · May 1, 2007

“To show an abuse of discretion, appellants must show the district court’s action was arbitrary, fanciful or clearly unreasonable. … Immunity from civil and criminal liability attaches unless the individual acts with “willful misconduct or gross negligence.” 50 PA. CONS. STAT.

Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.P.A

Court of Appeals for the Third Circuit · May 18, 2026

Webuild responds that Shaffer establishes “a categorical rule that a court’s exercise of quasi in rem jurisdiction is governed by the same, well-established ‘minimum contacts’ standard as in personam jurisdiction.” … Superior Court, 436 U.S. 84, 95 (1978) (holding that, although California’s assertion of personal jurisdiction over a New York resident was unreasonable, “a New York court would clearly

In Re Bildisco

682 F.2d 72 · Court of Appeals for the Third Circuit · Jun 17, 1982

III. 17 In enacting § 365, Congress provided no indication that collective bargaining agreements were to be immune from rejection and thus unique among executory contracts. … 523 F.2d 164 , 169 (2d Cir.), cert. denied, 423 U.S. 1017 , 96 S.Ct. 451 , 46 L.Ed.2d 388 ; 423 U.S. 1073 , 96 S.Ct. 855 , 47 L.Ed.2d 82 (1975). 11 According to REA Express, rejection should be permitted "only where it clearly

United States v. Dwayne Stevens

223 F.3d 239 · Court of Appeals for the Third Circuit · Aug 14, 2000

This was clearly a discretionary decision. … Pacheco, 67 F.Supp.2d 495, 498 (E.D.Pa.1999) ("While exceptionally hard conditions of confinement might qualify for a departure ..., a defendant must demonstrate to the court that the conditions compare unfavorably to those

Prometheus Radio Project v. Federal Communications Commission

824 F.3d 33 · Court of Appeals for the Third Circuit · May 25, 2016

First, the Commission considered whether it could establish a compelling governmental interest, as required to pass strict scrutiny. … Clearly, the local television ownership rule prevents one company from owning Stations D, E, and F because there is a limit of two.