Case law

Carnegie Center Assoc. v. Rhett

Court of Appeals for the Third Circuit · Oct 21, 1997

While neither court made specific reference to the applicability of the modified McDonnell Douglas framework in reduction in force situations, the record clearly establishes that Carnegie did reduce its force, so we will … Rhett argues that these factual findings are clearly erroneous. Rhett has offered no more than her own opinion that she was qualified for the property manager position.

Kean v. Heckler

799 F.2d 895 · Court of Appeals for the Third Circuit · Aug 28, 1986

The Medicare Statute 3 The Medicare program, originally established in 1965, provides federal health insurance to the aged and disabled. The program has two components. Coverage under Part A, 42 U.S.C. … We should defer to that view unless the legislative history or the purpose and structure of the statute clearly reveal a contrary intent on the part of Congress"; emphasis added).

Thomas J. McAdam Jr., McAdam Electric Company, Inc., a New Jersey Corporation, McAdam Pension Plan, and McAdam Electric Profit Sharing Plan v. Dean Witter Reynolds, Inc. And Clifford B. Murray v. Harold Tyson and Midlantic National Bank, Martin S. Wilson, Philadelphia Life Insurance Company, Professional Benefit Consultants, Inc., McAdam Electric Company, Thomas J. McDonough Jr., Scott A. Conesky, Theresa Conesky, Edward H. Kay, Regina A. Kay, Margaret White, Elmer J. Parsons, Jr., Nancy L. Parsons, John J. Sykes, Jr., Eleanor Downer, S. Whitney Downer, Lucille Robertson, Gwenn Graves Hamilton, Robert Brown, Beverly A. Brown and Mary L. Brown. Appeal of Dean Witter Reynolds, Inc., in No. 89-5250. Appeal of Midlantic National Bank/south in No. 89-5251, Morgan Guaranty Trust Company of New York, No. 89-5251

896 F.2d 750 · Court of Appeals for the Third Circuit · Mar 16, 1990

Clearly, the New Jersey Commissioners who annotated the Code were aware of the UCC comments. Cf. … For instance, a drawee bank surely is not immunized by Sec. 3-405 when it acts dishonestly." Id. at 747, 442 N.E.2d at 1258 (quoting Underpinning v.

United States v. Basil Vespe, David L. Padrutt and Alex Fein, A/K/A Alex Feinman. Appeal of Basil Vespe

868 F.2d 1328 · Court of Appeals for the Third Circuit · Feb 28, 1989

His motion may only be granted if the record shows he was not a responsible person so clearly that no rational jury could find to the contrary. EEOC v. … Accordingly, he argues that the jury could not have relied upon it to establish his responsibility or willfulness for any period after the third quarter of 1975.

Heffernan v. Hunter

Court of Appeals for the Third Circuit · Aug 26, 1999

That, however, does not mean that he can successfully establish a right to recovery here. II. … Nor do we reach the defendants' arguments raising the statute of limitations, qualified immunity, causation, or the First Amendment. 11 under section 1985(2) by an employee who alleged a

Malloy v. Eichler

860 F.2d 1179 · Court of Appeals for the Third Circuit · Oct 25, 1988

The Medicaid program was established under Title XIX of the Social Security Act, 42 U.S.C.A. §§ 1396 -1396s (Supp. 1). … To qualify for assistance, a filing unit must meet specified standards of financial need. 42 U.S.C.A. § 606 (a)(1).

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

Plechner v. Widener College

569 F.2d 1250 · Court of Appeals for the Third Circuit · Dec 28, 1977

Avins' aim was clearly directed toward the stock interest since the complaint specified that the certificate was to be delivered "for cancellation." … Avins did not establish a trust for limited purposes which could not be carried out.

Madison Lara v. Commissioner PA State Police

Court of Appeals for the Third Circuit · Jan 13, 2025

Bruen and Rahimi affirm the historical-textualist methodology established in Heller. Rahimi, 602 U.S. at 691 (citing Bruen, 597 U.S. at 22). … Military statutes do not establish that minors had an independent right to carry a gun.

Martin and Harris Private Ltd v. Merck & Co Inc

Court of Appeals for the Third Circuit · Aug 6, 2026

Contrary to M&H’s assertion, the record before us does not establish a profound and extreme delay. … In that context, M&H failed to establish precisely how many witnesses are located United States as a whole, let alone in New Jersey. Cf.

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 21 The prisoners direct our attention to the findings of the district … According to the Supreme Court, standards promulgated by prison experts " 'do not establish the constitutional minima; rather they establish goals recommended by the organization in question.' " Rhodes, 452 U.S. at 348 n.

United States v. Lewis Whoolery

579 F. App'x 78 · Court of Appeals for the Third Circuit · Sep 5, 2014

First Capital also put borrowers into loans with higher interest rates than they would have otherwise qualified for in order to generate higher profits from the yield spread premium. … The superseding indictment, however, clearly described fraudulent practices that affected both borrowers and lenders. These practices were also part of the government’s presentation at trial.

Government of the Virgin Islands v. Vicars

340 F. App'x 807 · Court of Appeals for the Third Circuit · Aug 7, 2009

The Court firmly rejected the state’s argument that the certificates at issue were nontestimonial because they qualified as “records of regularly conducted activity” for purposes of the hearsay exception in Rule 803(6). … Lockridge’s report was clearly “testimonial” because it was prepared under circumstances that would lead an objective witness reasonably to believe that it would be used prosecutorially at trial; indeed, Dr.

Taylor v. Postmaster General

146 F. App'x 570 · Court of Appeals for the Third Circuit · Aug 18, 2005

Her notice of appeal clearly would have been untimely with respect to that order. 3  We exercise plenary review over an order granting a motion for summary judgment. … The plaintiff must demonstrate that (1) she is a member of a racial group, (2) she was qualified for the position, (3) she faced an adverse employment action, and (4) other employees, not in the protected class, were treated

City of Edinburgh Council as A v. Pfizer Inc

754 F.3d 159 · Court of Appeals for the Third Circuit · Jun 6, 2014

Only drugs intended to treat serious or life-threatening diseases for which there is a significant unmet medical need qualify for Fast Track status. 5 Phase 2 trial, a controlled, double-blind … But the Second Circuit rejected those contentions, holding the June 2008 Release clearly stated the “[e]ncouraging” results were subgroup results and finding words like “encouraging” to be puffery. Id. at 153.

Mid-West Paper Products Company, in No. 78-1736 v. Continental Group, Inc., American Bag and Paper Corporation, Chase Bag Company, Harley Corporation, St. Regis Paper Company. Shopping Cart, Inc., Individually and on Behalf of All Others Similarly Situated, in No. 78-1746 v. Continental Group, Inc., American Bag and Paper Corporation, Chase Bag Company, Harley Corporation, St. Regis Paper Company. 86th Street Food Specialty, Inc., C. G. Dairies, Inc. And 3 J's Farms, Inc., in No. 78-1776 v. Continental Group, Inc., American Bag and Paper Corporation, Chase Bag Company, Harley Corporation, St. Regis Paper Company. Murray's of Baederwood, Inc., on Behalf of Itself and All Others Similarly Situated, in No. 78-1796 v. Continental Group, Inc., American Bag and Paper Corporation, Chase Bag Company, Harley Corporation, St. Regis Paper Company

596 F.2d 573 · Court of Appeals for the Third Circuit · Apr 5, 1979

Thus, we must determine first, whether any of the supermarket plaintiffs qualify under the cost-plus contract exception so as to be in a position to sue defendants for treble damages. … The direct purchasers have clearly been harmed by the price-fixing conspiracy in that they have absorbed at least a portion of the illegal overcharge, and would introduce the economic data merely to establish the amount of

Jency Lopez-Cruz v. Attorney General United States

Court of Appeals for the Third Circuit · Mar 28, 2019

(A.R. 220). 4 The Board did not address whether “young female heads of household” qualify as a cognizable particular social group. … After carefully scrutinizing the BIA’s reasoning, we cannot say that it was in any way wrong to conclude that the IJ clearly erred in finding that Lopez–Cruz had established the requisite nexus.

Williamson v. Piper Aircraft Corp.

968 F.2d 380 · Court of Appeals for the Third Circuit · Jun 29, 1992

While TCM also claimed that the design of the attaching components for the standby vacuum pump was defective, the apportioning of liability by the jury clearly indicates that the jury rejected this contention. … This product was intended to be used only by qualified electricians who would be aware of the dangers of arcing in such equipment. Id. at 103 (footnote omitted).

United States v. Hoffecker

530 F.3d 137 · Court of Appeals for the Third Circuit · Jun 16, 2008

Here, the District Court clearly left to the jury the determination of whether the Government established beyond a reasonable doubt each of the elements of conspiracy and mail fraud. … Clearly, Hoffecker was keeping quiet about the injunction.

Caplan v. Fellheimer Eichen Braverman & Kaskey

68 F.3d 828 · Court of Appeals for the Third Circuit · Oct 24, 1995

The Pennsylvania legislature has, however, established the policy that, unless the insurance contract so provides, insurers may not delay settling with third parties on the ground that the insured objects to settlement … App. at 22. 24  The language of the policy, however, clearly provides for Vigilant to settle suits in which it is defending claims.