Case law

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.

Solow v. PPI Enterprises (U.S.), Inc.

324 F.3d 197 · Court of Appeals for the Third Circuit · Mar 28, 2003

The debtor bears the burden of establishing good faith. In re SGL Carbon Corp., 200 F.3d 154 ,162 n. 10 (3d Cir.1999). … SGL Carbon, 200 F.3d at 159 (abuse exists upon clearly erroneous finding of fact, errant legal conclusions, or improper application of fact to law).

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.

United States v. Zavrel

Court of Appeals for the Third Circuit · Sep 21, 2004

I suggest, I would conclude that the Himelwright, 42 F.3d 777, 782 (3d Cir. doctrine of lenity is clearly implicated. 1994) (“[T]o establish a violation of 18 Accordingly, I respectfully dissent. … Such a stating that to qualify as a “threat,” the message bears no indication that any communication must “‘on its face and in

Sullivan v. DB Investments, Inc.

619 F.3d 287 · Court of Appeals for the Third Circuit · Dec 20, 2011

Second, since releases would necessarily be limited to the qualifying class members, those ultimately excluded would no doubt go right back into court to continue to assert their claims. … We have no such concern here, as the District Court clearly set forth its reasoning for the fee award.

Acumed LLC v. Advanced Surgical

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

Clearly, Boyanowski is more analogous than Mosley to the present case. … Further, the letters Acumed sent to appellant’s customers, despite appellant’s view that they “disparage[d] the inventory Advanced was selling,” appellant’s br. at 18, do not qualify as defamation or unfair competition.

Rene Galicia-Martinez v. Attorney General United States

Court of Appeals for the Third Circuit · Nov 21, 2023

IV To qualify for asylum, Mr. Galicia Martínez bears the burden of establishing that he is a “refugee” under the Immigration and Nationality Act. 8 U.S.C. §§ 1101(a)(42), 1158(b)(1)(B); see also Abdille v. … However, establishing that a PSG exists does not put an end to the inquiry.

Garay-Mendoza v. Atty Gen USA

70 F. App'x 625 · Court of Appeals for the Third Circuit · Jul 16, 2003

Section 1186a(c)(4)(B) allows the alien to waive out of the (c)(1)(A) requirement if: the qualifying marriage was entered into in good faith by the alien spouse, but the qualifying marriage has been terminated … One was to establish whether Garay was deportable under the marriage fraud provision.

Peterkin v. Jeffes

855 F.2d 1021 · Court of Appeals for the Third Circuit · Aug 23, 1988

It is not the province of this Court to disturb factual findings unless they are clearly erroneous and we do not find these to be clearly erroneous. 15 The prisoners direct our attention to the findings of the district court … Following Kershner, we established in Hudson v.

In Re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

601 F. App'x 143 · Court of Appeals for the Third Circuit · Feb 10, 2015

In Part I of the Green Form, the claimant provides personal background information, including the level of benefits for which he believes he is qualified. … Irani and Vigilante that Venetz “failed to establish a reasonable medical basis for finding that he was not diagnosed ‘as having Mild Mitral Regurgitation.’”

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.

Landy v. Amsterdam

815 F.2d 925 · Court of Appeals for the Third Circuit · Apr 7, 1987

II. 7 The minority shareholders contend that they established a prima facie case of unfairness of the merger. … We note, however, that the Weinberger court did not qualify its rule on the burden of coming forward by a reference to appraisal rights.

ITT Corp. v. Intelnet International Corp.

366 F.3d 205 · Court of Appeals for the Third Circuit · Apr 26, 2004

It thus qualifies under 662 A.2d 523, 534 (N.J. 1995), the Court New Jersey law as an “adjudication on the emphasiz e d that Woodward-Clyde merits.” 17 involved … While a dismissal claim “should be granted in only the rarest with prejudice clearly constitutes an of instances.

In Re Prides

235 F.3d 176 · Court of Appeals for the Third Circuit · Dec 13, 2000

Santander's prompt response to the August 27th letter and its initiative in sending another letter in November establish that it was not derelict in discovering that its Proof of Claim had been postmarked late. 23 Fed. … I see nothing that would even qualify for excusable neglect under any of the motions and therefore they are denied. 41 In short, we find that the District Court's statements at oral argument do not satisfy the explanation

Bennie Ray Folks and Ernestine Folks, and Liberty Mutual Ins. Co., Intervenor-Appellee v. Kirby Forest Ind. Inc., Defendant-Third Party and Third Party v. Hood Industries Inc., Defendant-Third Party and Third Party v. Johnny Knight, Dba, Knight's MacHinery Removal, Third Party

10 F.3d 1173 · Court of Appeals for the Third Circuit · Feb 10, 1994

At trial Knight was granted an instructed verdict, because it was statutorily immune as Folks' employer. 2 A take-nothing judgment was entered in favor of Hood and Knight. … Beall, Inmon, and Graham all clearly dealt with sales of realty. While Devers involved personal property, the defendant remained in possession of the personalty at the time of the plaintiff's injury.

Max Grossman v. U. S. Slicing MacHine Company, Inc

365 F.2d 687 · Court of Appeals for the Third Circuit · Sep 14, 1966

Appellant also qualified a safety engineer as an expert witness on proper repair techniques of meat cutting machines. The expert testified that appellee had not properly repaired the machine. … Without further authentication in such a situation, the signature alone was held insufficient to qualify the statement as to its reliability. It was thus ruled inadmissible.

United States v. Riccardi

174 F.2d 883 · Court of Appeals for the Third Circuit · Apr 29, 1949

But this is not a binding reason for insistence upon establishing the reliability of the writing previous to permitting the witness to state whether his memory is refreshed. … Clearly, it would have been pointless to ask him to give the value of every article he had ever seen in Farid’s home.

Shell Petroleum v. United States

Court of Appeals for the Third Circuit · Jun 24, 1999

In any event, this brief also fails to assert Shell's position clearly. … Congress clearly distinguished tar sand oil from crude oil and considered tar sand oil a crude oil substitute.

David Warren Saxe Student Doe 1, by and Through His Next Friend, David Warren Saxe Student Doe 2, by and Through His Next Friend, David Warren Saxe v. State College Area School District Constance Martin, in Her Official Capacity as President of the State College Area School District

240 F.3d 200 · Court of Appeals for the Third Circuit · Feb 14, 2001

... simply because those beliefs and associations are protected by the First Amendment."). 22 The previously quoted passage from R.A.V., however, does not necessarily mean that anti-discrimination laws are categorically immune … While some Fraser-type speech may fall within this definition, the Policy's scope is clearly broader.

United States v. Melrose East Subdivision, Third Filing, East Baton Rouge Parish Louisiana, Lyman D. White, Claimant-Appellant

357 F.3d 493 · Court of Appeals for the Third Circuit · Jan 13, 2004

While the record does not clearly establish whether some of the funds in the Liberty Bank account might have been left over from a time when DAC was legitimately billing Medicaid, the district court was entitled to draw the … White presented an affidavit stating that he had no other funds with which to pay for a defense attorney, and there were suggestions, which the district judge apparently credited, that White had been found to qualify for