Case law

The Official Committee Of Unsecured Creditors Of Cybergenics Corporation v. Kathleen Chinery

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

Congress, however, has clearly decided that such actions are valuable to the Chapter 11 process, and we will not second-guess that judgment. … Thomson, 56 U.S. 281, 299 , 15 How. 281 , 14 L.Ed. 696 (1853) ("[w]herever the rights or the situation of parties are clearly defined and established by law, equity has no power to change or unsettle those rights or that

United States v. Wecht

484 F.3d 194 · Court of Appeals for the Third Circuit · Apr 12, 2007

First, the Orsini documents were filed with the motion for in camera review which “clearly establishes” them as judicial records. Goldstein, 260 F.3d at 192 . … “Good cause is established on a showing that disclosure will work a clearly defined and serious injury to the party seeking closure. The injury must be shown with specificity.

Alice Jaasma Trust Under Last Will and Testament of Ralph McEwan v. Shell Oil Company, a Delaware Corporation Motiva Enterprises, LLC

412 F.3d 501 · Court of Appeals for the Third Circuit · Jun 28, 2005

To qualify as an expert under Fed. R.Evid. 702, a witness must have sufficient qualifications in the form of knowledge, skills, and training. In re Unisys Sav. Plan Litig., 173 F.3d 145, 155 (3d Cir. 1999). … He clearly has the requisite qualifications. His proposed testimony “fits” as it goes to the risks associated with remediation efforts, which are relevant to Jaasma’s claim for damages and her mitigation argument.

Marsha Otto F. Naylor Emery Dennis A. Erb Robert K. Gilbert James W. Lossell Barbara J. McAlley Wesley S. Semple, on Behalf of Themselves and All Other Non-Members Similarly Situated v. Pennsylvania State Education Association-Nea National Education Association Shaler Area Education Association, on Behalf of Themselves and All Other Local Associations Similarly Situated Marsha Otto F. Naylor Emery Dennis A. Erb Robert K. Gilbert James W. Lossell Barbara J. McAlley Wesley S. Semple, on Behalf of Themselves and All Other Non-Members Similarly Situated v. Pennsylvania State Education Association-Nea Shaler Area Education Association, on Behalf of Themselves and All Other Local Associations Similarly Situated, National Education Association Grove City Area Education Association Jane Campbell Barbara Leiby

330 F.3d 125 · Court of Appeals for the Third Circuit · May 8, 2003

We agree. 11 No Supreme Court case explicitly establishes a contemporaneous-objection requirement. While International Association of Machinists v. … He acknowledged that litigation conducted by one bargaining unit could establish precedents useful to another bargaining unit.

Davis v. Thornburgh

903 F.2d 212 · Court of Appeals for the Third Circuit · May 15, 1990

In short, she had nothing to gain with respect to Angela by establishing that the procedures she challenges were invalid. … Nevertheless, we are treating this appeal as implicating the February 5, 1988, order as well as Davis has clearly demonstrated her intent to appeal from that order. .

Antonio Castro v. Attorney General United States

Court of Appeals for the Third Circuit · Sep 14, 2020

Therefore, Castro’s second motion to reopen, which was filed on December 20, 2019, was clearly time- and number-barred. … The Board also concluded that Castro failed to establish grounds for sua sponte reopening.

US Airways, Inc. v. McCutchen

663 F.3d 671 · Court of Appeals for the Third Circuit · Nov 16, 2011

The record on appeal does not establish what amount was disbursed to McCutchen. … This animating principle of equity clearly applies to a trustee’s claim for reimbursement from its beneficiary. “Equity courts possessed the power . . . to prevent [a] trustee’s unjust enrichment.” Cigna, 131 S.

Aravinthan Balasubramanrim v. Immigration and Naturalization Service

143 F.3d 157 · Court of Appeals for the Third Circuit · May 1, 1998

The conflict stems primarily from tensions between the minority Tamils and the majority Sinhalese. 1 In an effort to establish an independent Tamil state in the north, the Liberation Tigers of Tamil Eelam have been in armed … “The Board’s findings ... must ... be set aside when the record before a Court of Appeals clearly precludes the Board’s decision from being justified by a fair estimate of the worth of the testimony of witnesses or its informed

United States v. Robert James Maker, A/K/A Robert Maker, A/K/A R.J. Mahar Constance Bridget Sullivan

751 F.2d 614 · Court of Appeals for the Third Circuit · Dec 28, 1984

The Court did not, however, provide significant direction on how the test should be applied, because in Scott the trial court clearly had not made a factual determination. 27 As we noted earlier, see supra note 24, the Scott … We established, first, the general proposition that “the federal mail fraud statute requires only that the co-schemers participate in a common scheme.

Reynolds v. Wagner

128 F.3d 166 · Court of Appeals for the Third Circuit · Oct 22, 1997

We found it unnecessary to decide this question because the inmates' claims clearly failed on the merits. … V. 91 For these reasons, the judgment of the district court is AFFIRMED. 1 Some accidents qualify as emergencies, but some do not.

Lauri Howe v. Robert Litwack

579 F. App'x 110 · Court of Appeals for the Third Circuit · Aug 26, 2014

Feldman, 460 U.S. 462 (1983). 4 immunity, preclusion principles, and the litigation privilege, and filed motions for sanctions against Howe’s attorneys. … Nevertheless, we conclude that Howe’s claims are clearly barred due to issue preclusion.

National Labor Relations Board v. Pincus Brothers, Inc.-Maxwell

620 F.2d 367 · Court of Appeals for the Third Circuit · Jun 12, 1980

It is our duty to insure that the Board adheres to its established criteria unless it clearly decides to modify or alter those standards. … In short, the Board must live by the rules that it establishes.

The Aetna Casualty and Surety Company, a Connecticut Corporation v. The Barboursville American Legion Post 177, Incorporated, a West Virginia Corporation, & Third Party v. The Barboursville Real Estate and Insurance, Incorporated, Third Party the Aetna Casualty and Surety Company, a Connecticut Corporation v. The Barboursville American Legion Post 177, Incorporated, a West Virginia Corporation, & Third Party v. The Barboursville Real Estate and Insurance, Incorporated, Third Party

966 F.2d 1441 · Court of Appeals for the Third Circuit · Jun 17, 1992

Va. 1965), the court considered whether, as a fundamental proposition, the doctrine of charitable immunity should any longer be available to nonstock, not-for-profit organizations sued for the negligence of their agents or … qualify.

Groves v. Modified Retirement Plan for Hourly Paid Employees of the Johns Manville Corp. & 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 Re *112 tirement under the terms of the Retirement Plan.” … The availability of § 502(c) penalties for violation of § 503 and its regulations is not thereby established, however.

St. Paul Fire and Marine Insurance Company A/s/o the Durst Organization, Inc., and Four Times Square Association, L.L.C. v. Universal Builders Supply, Tishman Construction Corporation of New York, Universal Builders Supply, Inc., Third-Party-Plaintiff v. Tig Insurance Company, Aiu Insurance Company, and Royal Insurance Company of America, Third-Party-Defendants-Appellees

409 F.3d 73 · Court of Appeals for the Third Circuit · Feb 1, 2004

It is well established that for a case to fit within this section, there must be "complete" diversity. Owen Equipment & Erection Co. v. … If it has paid only part of the loss, both the insured and insurer (and other insurers, if any, who have also paid portions of the loss) have substantive rights against the tortfeasor which qualify them as real parties in

United States v. Sean Forehand

386 F. App'x 174 · Court of Appeals for the Third Circuit · Jul 14, 2010

Forehand contends that there is substantial evidence, including the recording from Officer Allen’s dashboard camera, which sufficiently contradicts Officer Allen’s testimony to the extent that it was clearly erroneous for … Forehand’s statements made during the plea colloquies for both of his aggravated assault convictions are sufficient to establish that those convictions were for intentional criminal acts.

Reich v. Gateway Press, Inc.

13 F.3d 685 · Court of Appeals for the Third Circuit · Jan 6, 1994

That finding is not clearly erroneous. 75 b. … These findings are not clearly erroneous.

United States v. Watkins

Court of Appeals for the Third Circuit · Apr 28, 1995

If so, we believe Watkins is clearly mistaken. Watkins did not assert before the district court that the information provided in the presentence report was an inaccurate account of what had happened in the past. … by some other form of clearly reliable evidence.

Heather Oberdorf v. Amazon.com Inc

Court of Appeals for the Third Circuit · Jul 3, 2019

Amazon Marketplace fits the description of a product distribution facilitator, so it would not qualify as a seller. … The Francioni policy factors therefore cannot establish seller liability. B.

Grove v. Admiral Peary Area Vocational-Technical School

221 F. App'x 101 · Court of Appeals for the Third Circuit · Feb 23, 2007

The plaintiff must initially establish a prima facie case of age discrimination. … Lest there be any doubt, we find that Grove clearly has failed to establish a required element of a prima facie case of age discrimination.