Case law

Finberg v. Sullivan

634 F.2d 50 · Court of Appeals for the Third Circuit · Oct 27, 1980

Although they presented "a vigorous defense in this court," maj. op. at 54, I am not prepared to say that they have any interest in the outcome that qualifies as legally adverse to Mrs. Finberg. … One of the ways in which the garnishee may raise the issue of exemption or immunity is in his answer under new matter.

55 Fair empl.prac.cas. 995, 56 Empl. Prac. Dec. P 40,708, 13 Employee Benefits Ca 2228 Equal Employment Opportunity Commission v. Westinghouse Electric Corporation. Appeal of United States Equal Employment Opportunity Commission

930 F.2d 329 · Court of Appeals for the Third Circuit · Apr 19, 1991

work to employees who were laid off and forced to retire; and (6) giving lower retirement benefits to laid off employees who were not eligible for retirement because of age at the time of their layoff, but who later became qualified … As the record clearly reveals, despite opportunities to amend its complaint in the New Jersey proceeding, EEOC was content to put in issue only one claim: that denying severance pay to retirement-eligible employees violated

Al-Khazraji v. Saint Francis College

784 F.2d 505 · Court of Appeals for the Third Circuit · Apr 4, 1986

may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed. … He claimed that the bill would ensure "the equality of citizens ... in the enjoyment of 'civil rights and immunities,' " and "secure[ ] to citizens of the United States equality in the exemptions of the law....

United States v. Matthew Puccio

Court of Appeals for the Third Circuit · Sep 6, 2024

The New Jersey School Employees’ Health Benefits Program (the “SEHBP”), which provided medical and prescription drug coverage to qualified public school employees, was one such plan. … Puccio also argues that the instruction was erroneous because, “while willful blindness may be used to establish knowledge, it cannot be used to establish intent to enter into an unlawful agreement.”

Theodore Hayes v. Philip Harvey

874 F.3d 98 · Court of Appeals for the Third Circuit · Oct 18, 2017

Importantly, HAP contracts establish the maximum monthly rent a property owner may charge for each dwelling unit. § 1437f(c)(l)(A). … Because termination of a HAP contract for project-based assistance is a qualifying “eligibility event” for enhanced voucher assistance, see § 1437f(t)(2), we look next to § 1437f(t), the enhanced voucher provision. B.

J.S. Ex Rel. Snyder v. Blue Mountain School District

593 F.3d 286 · Court of Appeals for the Third Circuit · Feb 4, 2010

Moreover, the profile, though indisputably vulgar, was so juvenile and nonsensical that no reasonable person could take its content seriously, [16] and the record clearly demonstrates that no one did. … Thus, it was clearly not reasonably foreseeable that J.S.'

Kromnick v. School District

739 F.2d 894 · Court of Appeals for the Third Circuit · Jul 17, 1984

The district court’s characterization of the School Board’s concern about reversion to prior levels of segregation as “sheer speculation” is clearly erroneous. … the two central parties to the seniority plan, the School District and the Union, incorporated the 75%/125% policy in their collective bargaining contract, thereby agreeing that certain perquisites of seniority a,re to be qualified

Gustianto v. Attorney General

287 F. App'x 975 · Court of Appeals for the Third Circuit · Jul 25, 2008

To qualify for asylum under INA § 208(b)(1) [8 U.S.C. § 1158(b)(1)], Gustianto 3 must establish that he is unable or unwilling to return to Indonesia because of “persecution … These factors, however, are clearly relevant to Gustianto’s fear of future persecution.

United States v. Sean Michael Grier

475 F.3d 556 · Court of Appeals for the Third Circuit · Feb 5, 2007

Reiterating established principles of constitutional law, the Court in Booker , quoting Blakely v. … In considering what would constitute an adequate judicial record of the prior crime, the Court referred to Taylor where the Court held that the qualifying “burglary” could be proven only by either a statutory definition substantially

Freethought Society v. Chester County

334 F.3d 247 · Court of Appeals for the Third Circuit · Jun 26, 2003

There are six Corinthian columns in front of the facade of the Courthouse upon which the plaque is affixed; from certain angles, the columns obscure the plaque, though the plaque is clearly visible when standing directly … based discrimination does not immunize such practices from scrutiny under the Fourteenth Amendment.

United States v. Jabree Williams

974 F.3d 320 · Court of Appeals for the Third Circuit · Sep 10, 2020

Although the evidence establishing the existence of a conspiracy may coincide with proof of participation in that conspiracy, “certain types of circumstantial evidence become substantially more probative if it can be established … An offense committed before the age of 18 may qualify “if it is classified as an adult conviction under the laws of the jurisdiction in which the defendant was con- victed.” U.S.S.G. § 4B1.2 cmt. n.1.

Thermuthis Lee v. KMart

Court of Appeals for the Third Circuit · Aug 10, 2018

Lee must establish a prima facie case of discrimination by showing that she is disabled, that she is otherwise qualified to perform the essential functions of the job with or without reasonable accommodations, and that … The District Court concluded that, even if Lee was qualified and established a prima facie case, there is not an issue of fact as to whether the reasons Kmart advanced for not hiring her – her limited availability and poor

United States v. Richard "Bird" Hodge Richard Hodge, United States of America v. Akil Greig

321 F.3d 429 · Court of Appeals for the Third Circuit · Mar 11, 2003

The doctrine of the last antecedent teaches that “qualifying words, phrases, and clauses are to be applied to the words or phrase immediately preceding” and not to “others more remote.” See Resolution Trust Corp. v. … Lungren) (“The focus of this proposal is clearly to impact on the designer drug phenomena by making it illegal for the clandestine chemists to manufacture and distribute these substances.”).

John Curley v. Monmouth County Board

Court of Appeals for the Third Circuit · Jul 15, 2020

In his Second Amended Complaint, Curley set forth details of these matters and explained his opposition to the County Republican establishment on these points. … Inasmuch as Curley’s First Amendment retaliation claims fail, we will not address Defendants’ arguments pertaining to legislative and qualified immunity. 10

United States v. McGlory

968 F.2d 309 · Court of Appeals for the Third Circuit · Jun 19, 1992

We review the district court’s finding of probable cause under the clearly erroneous standard. … We do not think the district court’s finding as to the amount of heroin involved in this case is clearly erroneous.

In Re: United Artist

Court of Appeals for the Third Circuit · Jan 9, 2003

Houlihan Lokey worries that the courts might "Monday- morning quarterback," or second-guess, decisions that in hindsight were clearly mistaken, but at the time seemed attractive options. … Since Delaware case law has clearly established ‘gross negligence’ as the standard for liability of directors in violating their duty of care, the reference to ‘negligence’ ___________________________

Henglein v. Colt Industries Operating Corp. Informal Plan

91 F. App'x 762 · Court of Appeals for the Third Circuit · Feb 26, 2004

(emphasis added) Clearly, a requirement for eligibility is termination or job elimination. … In Frank, the plan stated that “severance allowance will be paid only if the employee remains at work to a date established by the Company.” Frank, 910 F.2d at 101.

Furlong v. Gudknecht

808 F.2d 233 · Court of Appeals for the Third Circuit · Dec 19, 1986

"Clearly, partisan politics lies at the very core of our democratic process." Horn v. … Teitelbaum of the United States District Court for the Western District of Pennsylvania, sitting by designation 1 We have noted that Branti established a "new test" for adjudging patronage cases. See Loughney v.

Freedom Card, Inc. Urban Television Network, Inc. v. Jpmorgan Chase & Co. Chase Manhattan Bank Usa, N.A. (Dist. Of De No. 03-Cv-00432) Chase Manhattan Bank Usa, N.A. v. Urban Television Network, Inc. Freedom Card, Inc. v. Jpmorgan Chase Bank Jpmorgan Chase & Co., Third Party (Dist. Of De No. 03-Cv-00217). (Amended Per Clerk's Order Dated 12/2/04)

432 F.3d 463 · Court of Appeals for the Third Circuit · Dec 22, 2005

The logical consequence of failing to recognize reverse confusion would be the immunization from unfair competition liability of a company with a well established trade name and with the economic power to advertise extensively … Finally, as we noted above, even if UTN could establish when this happened, it would still not establish the likelihood of confusion that UTN had to establish to prevail on its counterclaim. 103 UTN suggests that intent to

Buono Sales, Inc. v. Chrysler Motors Corporation

363 F.2d 43 · Court of Appeals for the Third Circuit · Jul 14, 1966

The intention of the parties is set out succinctly in the first introductory paragraph which reads: 4 'The purpose of the relationship established by this agreement is to provide a means for the sale and service of De Soto … Such a construction does not comport with the dictionary definition of 'any'. 4 'Any' is clearly defined as specifying a choice of a limited or unlimited number of alternatives presented by the noun which it modifies.