Case law

Grand Entertainment Group, Ltd. v. Star Media Sales, Inc.

988 F.2d 476 · Court of Appeals for the Third Circuit · Mar 19, 1993

Factual conclusions as to minimum contacts are reviewed under a clearly erroneous standard. Stranahan Gear Co. v. N.L. Indus., Inc., 800 F.2d 53, 56 (3d Cir.1986). … This will not exempt the clerk from the disciplinary action established in the article that follows. Supp.

Consolidated Edison Co. v. Federal Power Commission

271 F.2d 942 · Court of Appeals for the Third Circuit · Nov 3, 1959

It is true that the gas, under the agreement, was not to be sold and it was established that it was to be used to fire boilers. … “Except in the cases governed by the prorisos contained in subsection (c) of this section, a certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operation, sale, service

Kirlew v. Attorney General

267 F. App'x 125 · Court of Appeals for the Third Circuit · Feb 27, 2008

Kirlew first argues that the evidence establishing the Conspiracy Conviction violates the requirement of Woodby v. … We reject each of these arguments as the documents submitted by the government, taken together, clearly and unequivocally establish that Kirlew was convicted of the Conspiracy Conviction.

United States v. Vincent Di Pasquale, in 86-5810. United States of America v. Di Norscio, Giacomo, in 86-5835 & 87-5284. United States of America v. Cohen, Gerald, in 86-5841 & 87-5285. United States of America v. Deluca, Gerald, in 86-5836 & 87-5286. United States of America v. Sinico, John, in 86-5875 & 87-5288. United States of America v. Truglia, Anthony, in 86-5886 & 87-5317

864 F.2d 271 · Court of Appeals for the Third Circuit · Dec 23, 1988

Significantly, he presented no evidence, other than the surnames, to establish the ethnicity of the challenged jurors. … James O'Reilly, who compared a sample taken from the 1984 qualified-juror wheel to the adult population of Blacks, Hispanic-Americans and persons without a high school education in the Newark Division and concluded that the

K. L. v. Rutgers University

Court of Appeals for the Third Circuit · Jun 21, 2022

We agree with the District Court that the record does not support a finding that Rutgers’s response to either incident was clearly unreasonable. … L.W., 915 A.2d at 547. 5 barred by New Jersey’s Charitable Immunity Act (“CIA”), N.J. Stat.

Beverly A. Giles v. Sun Pipe Line Company, Defendant-Third Party v. Transamerica Insurance Company, Third Party

833 F.2d 1012 · Court of Appeals for the Third Circuit · Nov 30, 1987

In fact, Sun acknowledges that, "In addition to establishing that the injuries which occurred on September 11, 1980 resulted from the 'ownership, maintenance or use' of a vehicle, the Sun Pipe Line Company must also establish … The coverage provision in question is of no consequence unless the party seeking that coverage qualifies as an "insured" within the definition of that term as used in the policy. The Travelers Ins. Co. v.

Elisha Gresham v. Delaware Department of Health

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

The District Court ruled that Gresham’s ADA claims against DHSS—a Delaware state agency—are barred by the Eleventh Amendment, which immunizes a state against such claims unless the state has expressly waived its protection … 504, a plaintiff must show (1) that he or she has a disability, (2) that he or she is otherwise qualified to perform the essential functions of the job, with or without reasonable accommodations by the employer, (3) that

15 Fair empl.prac.cas. 1735, 14 Empl. Prac. Dec. P 7760 Carol J. Walton, on Behalf of Herself and on Behalf of Others Similarly Situated v. Eaton Corporation. Carol J. Walton v. Eaton Corporation

563 F.2d 66 · Court of Appeals for the Third Circuit · Aug 12, 1977

As such, it is clearly apparent that she waived her right to trial by jury on her claims under 42 U.S.C. § 1981 . … Based upon an independent review of the record, we cannot set aside these findings as "clearly erroneous." Fed.R.Civ.Proc. 52(a); Krasnov v.

Metro Ford Truck Sales, Inc., Plaintiff-Appellant-Appellee v. Ford Motor Company, Counter-Defendant/third-Party Plaintiff-Appellee/appellant, Duane Kupper, Eric Magnus, Mike Steckler v. Daniel H. Foley, Counter Claimant/third-Party

145 F.3d 320 · Court of Appeals for the Third Circuit · Jul 28, 1998

Because the third-party RICO claim could not provide removal jurisdiction, it qualifies as an "otherwise non-removable" claim. … Although the CPA program was involved in both the antitrust and RICO actions, the claims rely on different supporting facts and clearly seek separate relief for distinct wrongs. 30 Ford concedes that the RICO claim and the

Trenkler v. Pugh

83 F. App'x 468 · Court of Appeals for the Third Circuit · Dec 18, 2003

A prisoner may not, however, file a 1 In federal habeas proceedings, we review the district court’s legal conclusions de novo and apply a clearly erroneous standard to its factual findings. Rios v. … Trenkler concedes that the arguments contained in his current petition do not qualify for successive petition certification under § 2255 because they do not involve new evidence or a new rule of constitutional law.

United States v. Derick Taylor

Court of Appeals for the Third Circuit · Mar 16, 2023

Three conditions must be met to establish plain error: (1) there was an error; (2) that is clear or obvious; and (3) that affects the litigant’s substantial rights. United States v. … The court need not “discuss every argument made by a litigant if an argument is clearly without merit.

Osei-Afriyie v. Medical College of Pennsylvania

937 F.2d 876 · Court of Appeals for the Third Circuit · Jul 26, 1991

Whatever emotional distress he suffered on July 25, 1985 was clearly time-barred because Osei-Afriyie did not bring suit until 1990. 53 Osei-Afriyie also claims that his emotional distress was caused in part by Dr. … Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986) (noting that entry of summary judgment is proper "against party who fails to make a showing sufficient to establish the existence of an element

United States v. Acosta

283 F. App'x 899 · Court of Appeals for the Third Circuit · Jun 30, 2008

Acosta thus failed to qualify for the safety valve provision. (Id.) The court then sentenced him to the statutory minimum of sixty months’ imprisonment. (Id. at 84.) … The District Court’s factual findings that Acosta was neither truthful nor forthcoming with all information and evidence that he had concerning his offense were not clearly erroneous.

United States v. Ettrick Wood Products, Inc., and United Bank of Osseo and Robert J. Ofsdahl, Third-Party v. Arnold Brovold and Victor Folkedahl, Third-Party

916 F.2d 1211 · Court of Appeals for the Third Circuit · Oct 19, 1990

If the settlement agreement on its face clearly discloses the parties' intent, we must apply the agreement as written. Levy v. Levy, 130 Wis.2d 523 , 388 N.W.2d 170, 173-75 (1986); Loy v. … Directors who manage to inflict injury exceeding the policy limits do not become immune by the greater gravity of their own acts.

Ndayshimiye v. Atty Gen USA

Court of Appeals for the Third Circuit · Feb 24, 2009

Although both of those circumstances could be traced to the fact that Ambartsoumian was Armenian, the court concluded that the adverse treatment he faced did not qualify as “ethnic persecution.” 5 Id. … Furthermore, the BIA clearly concluded that Petitioners’ Burundian background, whether it is described as their imputed nationality or their social status as old case-load refugees, played no central role in their persecution

United States v. Reynolds

171 F. App'x 961 · Court of Appeals for the Third Circuit · Mar 27, 2006

Here, the defendants assert that a variance occurred because the government did not establish a sufficient connection between lower level workers at different drug corners, and therefore the evidence did not establish … The government clearly established a common goal among the conspirators and the necessity of continuous cooperation for the success of the conspiracy.

Northview Motors, Inc. v. Chrysler Motors Corporation Joseph P. Nigro, Trustee

227 F.3d 78 · Court of Appeals for the Third Circuit · Sep 8, 2000

Similarly, a manufacturer’s efforts to drive a dealer out of business can qualify as bad faith. See Junikki Imports, Inc. v. … Clearly, the first three of the required elements of an ADDCA claim have been met in this case.

Garrett Collick v. William Paterson University

Court of Appeals for the Third Circuit · Oct 24, 2022

The District Court granted the motion as to certain claims but declined to dismiss Plaintiffs-Appellants’ Fourth Amendment-based § 1983 claims on qualified immunity grounds.11 Defendants appealed, and we affirmed.12 After … immunity. 18

Martin Gross v. R.T. Reynolds

487 F. App'x 711 · Court of Appeals for the Third Circuit · Jul 6, 2012

The Amended Complaint does not allege that Gross was qualified for an unsecured line of credit, or that the requirement of a mortgage on his property was unreasonable or overly burdensome. … , subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Santiago Fernandez v. City of Elizabeth

468 F. App'x 150 · Court of Appeals for the Third Circuit · Mar 15, 2012

On March 5, 2007, Fernandez filed a lawsuit against the Appellees, alleging that they violated 42 U.S.C. § 1983, along with a variety of state law claims.5 Appellees moved for summary judgment, based upon qualified … immunity.