Case law

In Re Ppi Enterprises

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

The debtor bears the burden of establishing good faith. … 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).

Slobodian v. United States of America Internal Revenue Service

822 F.3d 144 · Court of Appeals for the Third Circuit · May 10, 2016

As the foregoing explanation demonstrates, the fact that the singular includes the plural simply means that (1) a creditor may invoke the defense for multiple, independently qualifying transfers (i.e., it’s not a “one-and-done … As stated, the Trustee has not rebutted this presumption; the funds paid to the IRS are clearly traceable to the funds deposited into Net Pay’s account just days before the transfers at issue.

In Re: United Artists Theatre Company, Debtors v. Donald F. Walton, Acting United States Trustee for Region 3 Donald F. Walton

315 F.3d 217 · 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’ in section 145(b) was inappropriate [and was therefore

United States v. Watson

Court of Appeals for the Third Circuit · Aug 9, 2001

Agents Schwartz, Mincer, and Paret were well-qualified to testify concerning drug activity and the Government presented sufficient evidence to establish the reliability of their purported fields of expertise. … Not only did Paret's opinion violate Rule 704(b), but it clearly went beyond Paret's competence, as counsel noted in his objection.

Greene v. B.F. Goodrich Avionics Systems

409 F.3d 784 · Court of Appeals for the Third Circuit · May 20, 2005

The plaintiff must, however, establish causation under the "substantial factor" test. King v. Ford Motor Co., 209 F.3d 886, 893 (6th Cir.2000). … that it did not manufacture all of them, so admitting Greene's statement requires speculation as to which gyroscope Greene may have been referring. 27 At the time the district court admitted Greene's statement, it did not clearly

Oil Shipping (Bunkering) B.V. v. Sonmez Denizcilik Ve Ticaret A.S.

10 F.3d 1015 · Court of Appeals for the Third Circuit · Dec 8, 1993

The court of appeals concluded that Congress, in enacting the Ship Mortgage Act, had clearly intended to establish the priorities among foreign ship mortgages and other maritime liens litigated in United States courts. … Partial Revision 1993). 4 The district court concluded that Royal Bank's Mortgage qualified as a preferred mortgage.

United States Steel Corporation Plan For Employee Insurance Benefits v. Glenn Musisko

885 F.2d 1170 · Court of Appeals for the Third Circuit · Sep 21, 1989

That principle led the court to hold that the offset proviso did not clearly exclude coverage for wage losses in excess of that recovered under the automobile insurance policy. … Our next step, then, is to determine whether the order comes within any of the three exceptions provided in the statute. 26 The absolute bar against federal injunctive measures contemplated by the Act is "qualified only by

Columbia Metal Culvert Company, Inc. v. Kaiser Aluminum & Chemical Corporation

579 F.2d 20 · Court of Appeals for the Third Circuit · May 24, 1978

For instance, stifling intra-brand competition may violate § 1, while "monopoly" over a given brand would clearly not run afoul of § 2. See Continental TV Inc. v. … The evidence submitted to the finders of fact in those situations clearly differed from the record in the case before us, which involves a wholly different set of litigants.

Kohn v. American Metal Climax, Inc.

458 F.2d 255 · Court of Appeals for the Third Circuit · Mar 31, 1972

In considering scienter, the district court, despite Stevens, Royal Air Properties and Ellis , ruled that although the SEC need not establish common law fraud, it must establish that the “defendants engaged in a ‘course of … But it has now been established that this case does not involve self-dealing on the part of AM AX.

Sara G. Serbin and George Baker, Individually, and on Behalf of All Others Similarly Situated v. Ziebart International Corporation, Inc. And Ziebart Corporation, Sheilah Guarino v. Sun Company, Inc., Sun Refining & Marketing Company, Robert McClements Jr., David Zebley and Wells, Rich, and Greene, Inc.

11 F.3d 1163 · Court of Appeals for the Third Circuit · Dec 29, 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 96 The judgments below are affirmed

Floorgraphics Inc. v. News America Marketing In-Store Services, Inc.

434 F. App'x 109 · Court of Appeals for the Third Circuit · Apr 20, 2011

Stridiron did not state, however, that every failure to produce discovery qualifies as Rule 60(b)(3) misconduct. … An abuse of discretion arises if the district court makes a clearly erroneous finding of fact, a mistaken conclusion of law, or an improper application of law to fact. In re Cendant Corp.

Harris v. City of Philadelphia

47 F.3d 1311 · Court of Appeals for the Third Circuit · Feb 15, 1995

because the City was obliged under state law to follow state court incarceration orders and it lacked the power to bind future administrations in the administration of police power authority; Second, experience with the qualified … DISCUSSION 40 The imposition of contempt is reviewed under an abuse of discretion standard and will only be disturbed if there is an error of law or a clearly erroneous finding of fact. United States v.

Disabled Action PA v. SEPTA

Court of Appeals for the Third Circuit · Aug 19, 2008

Without the parenthetical, a public entity could immunize itself from § 12147(a) liability by delegating renovation projects to private entities that are not subject to ADA liability. 42 U.S.C. § 12132. … Accordingly, to the extent that SEPTA’s planned “modifications [could be] clearly understood from design drawings and specifications,” SEPTA could have obtained a declaratory judgment to assuage its anxieties before proceeding

United States v. James Camarata

828 F.2d 974 · Court of Appeals for the Third Circuit · Sep 30, 1987

When Camarata was released on bail he was released to the custody of the district court, as the district court's order clearly indicates. … At the same time, the officials of the Executive Branch responsible for these matters become progressively better qualified to make the proper adjustments. ...

United States v. Luis Toro

406 F. App'x 645 · Court of Appeals for the Third Circuit · Jan 10, 2011

Because Lee’s statement had the tendency to expose him to criminal liability, and would therefore qualify as an exception to the hearsay rule, Johnson’s testimony regarding such statement contained sufficient indicia of … The defendant bears the burden of establishing by a preponderance of the evidence that the offense level reduction he seeks is warranted. Muhammad, 146 F.3d at 168.

In re Landmark Land Co. of Carolina

110 F.3d 60 · Court of Appeals for the Third Circuit · Apr 7, 1997

Jackson Carney, and Michael Welch are participants in an employee welfare benefit plan (the Plan) established by the Landmark companies. … The new § 106 provides: 14 (a) Notwithstanding an assertion of sovereign immunity, sovereign immunity is abrogated as to a governmental unit to the extent set forth in this section with respect to the following: 15 (1) Sections

Clair Strozyk v. Norfolk Southern Corp.

358 F.3d 268 · Court of Appeals for the Third Circuit · Jan 20, 2004

failed to adopt and install necessary protective measures to safeguard against fatal accidents; 8) created a foreseeable risk of injury to individuals crossing the tracks; and, 9) failed to hire, employ, or retain personnel qualified … Pennsylvania case law does not however appear to clearly state the principle urged by Norfolk 9 Our decision today is limited to the regulation considered by the District Court, namely § 646.214(b).

In Re Federal-Mogul Global Inc.

684 F.3d 355 · Court of Appeals for the Third Circuit · May 1, 2012

Collier notes, “The types of means listed in section 1123(a)(5) are clearly illustrative and not exclusive.” 7 Collier on Bankruptcy ¶ 1123.01[5]. … Such bare speculation does not establish an increase in risk.

Amax Coal Company, a Division of Amax, Inc. v. National Labor Relations Board, United Mine Workers of America, Local No. 1854, and United Mine Workers of America, Intervenors. United Mine Workers of America, Local No. 1854 and United Mine Workers of America v. National Labor Relations Board, Amax Coal Company, a Division of Amax, Inc., Intervenor

614 F.2d 872 · Court of Appeals for the Third Circuit · Feb 12, 1980

The training program shall be established by the Joint Western Surface Mining Industry Training Committee." App., at 106a. … It provided, however, that when such work was contracted out, it would be "under the jurisdiction of the UMWA" unless "UMWA contractors qualified to do the work are not available."

Lloyd v. American Export Lines, Inc.

580 F.2d 1179 · Court of Appeals for the Third Circuit · Jun 22, 1978

The Coast Guard’s findings on this issue, adverse to the position of Alvarez, are highly relevant and clearly admissible. … Thus, he attempted to establish at the Coast Guard hearing what Alvarez attempted to establish at the later trial: Lloyd’s intoxication, his role as the aggressor, and his prior hostility toward Alvarez.