Case law

Biskupski v. Atty Gen USA

Court of Appeals for the Third Circuit · Sep 25, 2007

At an immigration hearing in Newark, New Jersey on December 19, 1996,3 the IJ found that the government had established Biskupski’s prior conviction by clear and convincing evidence. … Just as clearly, section 321(c) limits the applicability of the new definitions of aggravated felony to “actions taken” on or after September 30, 1996.

Fasold v. Justice

409 F.3d 178 · Court of Appeals for the Third Circuit · Jun 1, 2005

This is not enough to establish pretext. … The decision to terminate Fasold’s employment had already been made and was clearly approved by District Attorney Bruce Castor.

Reading Health System v. Bear Stearns Co Inc

900 F.3d 87 · Court of Appeals for the Third Circuit · Aug 7, 2018

Larmon, 695 F.3d 749, 752 (8th Cir. 2012). 27 claim Reading filed with FINRA qualifies as an “action [or] proceeding . . . arising out of” the broker-dealer agreements and related ARS transactions … federal court supersedes an earlier agreement to arbitrate” embodied in FINRA Rule 12200.66 Treating Rule 12200 as a mere “default obligation” to arbitrate, the Ninth Circuit reasoned (over a dissent) that the customer “clearly

Serbin v. Ziebart International Corp.

11 F.3d 1163 · Court of Appeals for the Third Circuit · Nov 30, 1993

The weekend was a fiasco — there weren’t enough skis, only one member of the staff was a qualified ski instructor, buses broke down and were unsafe, etc. … In making that determination, Congress establishes priorities about the proper utilization of the energies of an institution of limited size and resources — the federal judicial system. 27 The judgments below are affirmed

Maio v. Aetna, Inc.

221 F.3d 472 · Court of Appeals for the Third Circuit · Aug 11, 2000

This includes taking a thorough medical history of the patient, providing immunizations and cholesterol testing, and properly recording the physician’s findings. … See, e.g., JA-41 (quoting AMA press release stating that ”[w]e believe these contracts clearly are not in the patient’s best interest....

In Re Columbia Gas System Inc.

50 F.3d 233 · Court of Appeals for the Third Circuit · Mar 10, 1995

The settlement agreement established the terms of these contracts, including increasing the price TCO would pay to the class members. … Sec. 507 (a)(7) (1988). 12 A. 36 The contract was clearly executory on TCO's side when it filed for bankruptcy, a point both parties appear to accept.

Richard Jakimas Dianne Flynn, Association Member Louis Ristagno, Association Member All Other Association Members John M. Adair John J. Adzima Bruce J. Aiello Thomas Aiello Jack Bailey Gerald A. Barrett Walter Beniuk Bruce Blanchard Rene Reis Braga Tedeusz Bukowski Edward Cabral Angelo Capalbo Richard Carlson Ralph Caso James Castelli Samuel Castronovo, Jr. Peter Chapman Paul D. Ciuppa Gary Cocozzo Laura Carbo Alan L. Curtis Paul Day Charles Delorenzi Peter Demodica, III Joseph Digiacomo Stefan Dziaba Walter Dziaba Michael Faron Ramond J. Feiner Andrew Feraco Paul Franek Lawrence Gelok Robert L. Glover Raymond Goetz Joseph Gomes Anthony Greco Daniel Green Johnny Haddley William J. Hahn Richard Hall David Hanrahan Deborah Helfrich Ronald Jones Alojzy Kalata James F. Kane Joseph M. Kaprowski Bernard Kapuscinski Jan Kasprowicz Michael Kennedy Robert J. Kohler Edward Kwasnik Flavio Labagnara Rosa Labagnara Robert J. Lenik Wojciech Leozenia Joseph MacDiarmid James F. Madigan William R. Malloy, Sr. Albert A. Marchione Anthony Mariano Edward B. Mayo Henry M. McAuliffe Mike Meechan Stephen E. Mellinger Lawrence Memice Donald A. Meyer Robert P. Mundt Nick Nardone Cheryl Negron Joseph M. Orolen Edward Pajak Robert Pavone Roger M. Perri Frank J. Petrasek William Pitt Peter Plafta Julian Pokrywa Ronald Pokrywa Roque N. Rivera Antonio Rizzi Barbara Robinson Samuel Rosamilia Roger Rotondi Chuck L. Rutan Albert Rybacki Andrew J. Saccoccia Jan Serafin Robert Shallcross Martha X. Skinner Donald D. Smith Anthony Spagnuolo Anthony J. Spano Sara Spano Anthony Spera Natale Turano Stephen R. Tyburczy Robert J. Veleber, Jr. William Villino Michael A. Vocaturo Marian Wojciechowski Leonard A. Zummo Ricki Blohm Frank Cavaliere Charlene Johnson Donald Breen John Tomaskovic

485 F.3d 770 · Court of Appeals for the Third Circuit · Jun 6, 2006

The letter clearly indicated that employees in the listed departments were losing their jobs with Roche. … We then explained that the ADEA was clearly a "federal remedial statute." Id.

Wang v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 27, 2006

The BIA found that: (1) the IJ did not clearly err in his adverse credibility determination; (2) even if Wang were deemed credible, he did not establish 4 eligibility for asylum … “An alien who fails to establish that he or she has a well-founded fear of persecution, so as to be eligible for a grant of asylum, necessarily will fail to establish the right to withholding of removal.” Id.

Blacknall v. Citarella

168 F. App'x 489 · Court of Appeals for the Third Circuit · Jan 31, 2006

The record clearly shows that Blacknall was acting belligerently, cursing and refusing to follow directions. … Moreover, it is well-settled that police officers are absolutely immune from § 1983 suits for damages for giving allegedly perjured testimony at a criminal trial. Briscoe v. LaHue, 460 U.S. 325 (1983).

Glenn Gates v. Rohm & Haas Co

655 F.3d 255 · Court of Appeals for the Third Circuit · Aug 25, 2011

It does not establish the converse, the required element—the point at which class members would likely be at risk. … When certifying an issue class the court should clearly enumerate the issue(s) to be tried as a class as required by Fed. R. Civ. P. 23(c)(1)(B). See Wachtel v. Guardian Life Ins.

Ayyakkannu Manivannan v. United States Dept. of Energy

42 F.4th 163 · Court of Appeals for the Third Circuit · Jul 26, 2022

An administrative judge found that Manivannan failed to establish a prima facie case of whistleblower retaliation. See id. … If so, none of Manivannan’s claims may be heard in a district court because they all clearly arose in the context of his work with the DOE. But the CSRA does not sweep so wide.

Oberti v. Board Of Education

995 F.2d 1204 · Court of Appeals for the Third Circuit · May 28, 1993

We accept the district court's findings of fact unless they are clearly erroneous. See David D. v. … We therefore defer to that court's findings, which, at all events, are not clearly erroneous.

ET Browne Drug Co v. Cococare Prod Inc

Court of Appeals for the Third Circuit · Aug 5, 2008

See Berner, 987 F.2d at 979 (explaining that arbitrary or suggestive terms are distinctive and automatically qualify for trademark protection, while descriptive terms only receive trademark protection after a showing of secondary … A controversy clearly existed as to the validity of the term “Cocoa Butter Formula” and its place on the supplemental register.

United States v. Solomon Manamela

612 F. App'x 151 · Court of Appeals for the Third Circuit · Aug 18, 2015

The City established different levels of service depending upon the degree of risk at issue in each case. … We will not take such a limited approach to interpreting a clearly worded and broad statute.

FDRLST Media LLC v. NLRB

35 F.4th 108 · Court of Appeals for the Third Circuit · May 20, 2022

The Board also concluded that the ALJ erred in admitting the affidavits without establishing that Domenech and the two employees were unavailable to testify. … The first clause of Section 10(b) establishes a general charging rule: the Board may issue a complaint “[w]henever it is charged that any person has engaged in any . . . unfair labor practice.” 29 U.S.C. § 160(b).

Prometheus Radio Project v. Federal Communications Commission

652 F.3d 431 · Court of Appeals for the Third Circuit · Jul 7, 2011

We are skeptical that the facts here establish the futility of reconsideration such that this rare exception should apply. … First DQA Complaint at 7. .Their separate press release included the following statement regarding notice and comment: The Martin rules are clearly not ready for prime time.

In Re: Tracey L. Schick

418 F.3d 321 · Court of Appeals for the Third Circuit · Aug 9, 2005

. § 17 :29A-35(b) (the “surcharge statute”) establishes a rating plan under which the MVC levies surcharges on drivers in one of several different situations. … In such a circumstance, there clearly would be the required judicial process or proceeding to transform the MVC's lien into a judicial lien.

David Carnivale v. Staub Design

456 F. App'x 104 · Court of Appeals for the Third Circuit · Jan 4, 2012

The District Court also clearly erred in this regard. … The phrase “The Affordable House” is descriptive, at best, and the evidence Carnivale submitted to establish secondary meaning does not include customer surveys, customer testimony, evidence of actual confusion, or several

New Castle County Rhone-Poulenc, Inc., Zeneca, Inc. v. Halliburton Nus Corp

111 F.3d 1116 · Court of Appeals for the Third Circuit · Jun 3, 1997

Clearly, section 113 is available to consent decree signatories such as New Castle. … In its brief discussion of section 107, the court did not discuss whether the "less innocent” landowner nonetheless qualified as an innocent landowner under section 107(b)(3).

United States v. Jones

Court of Appeals for the Third Circuit · May 20, 2009

At that point, the jury selection process had taken well over one month, the District Court had pre-qualified approximately 40 potential jurors out of a pool of approximately 360 based on a detailed questionnaire, the attorneys … Jones cannot establish that “those who actually served on his jury lacked a capacity to reach a fair and impartial verdict based solely on the evidence they heard in the courtroom.” Rock v.