Case law

Clark v. Gulf Oil Corp.

570 F.2d 1138 · Court of Appeals for the Third Circuit · Dec 30, 1977

Kohler Die and Specialty Co., 228 U.S. 22, 25 , 33 S.Ct. 410 , 57 L.Ed. 716 (1913), and the plaintiffs in this suit have clearly chosen to rely on federal law. … The district court held that implying a private right of action for damages under the Natural Gas Act would not meet three of the four factors established by Cort .

Armbruster v. UNISYS Corp.

32 F.3d 768 · Court of Appeals for the Third Circuit · Aug 1, 1994

To establish a prima facie case under the McDonnell-Douglas/Burdine pretext framework in a RIF case, the plaintiff must show he was in the protected class, he was qualified, he was laid off and other unprotected workers … Indeed, it is not even 29 clearly shown that all of the documents are related to the CTS/PMO transfers.

Rosemery Antunez v. Attorney General United States

Court of Appeals for the Third Circuit · Jun 1, 2018

The IJ then determines whether the likely harm qualifies as torture under the governing regulations, and the Board reviews this legal conclusion de novo. … Next, the IJ assesses whether the likely response from public officials qualifies as acquiescence under the governing regulations. . . .

Gutierrez v. Johnson Johnson

Court of Appeals for the Third Circuit · Apr 22, 2008

Although the ten-day time limit is clearly strict and mandatory, the circuit courts have carved out a narrow exception to the rigid ten-day time limit. … Accordingly, the denial of the Motion to Reconsider does not qualify as an order “granting or denying class action certification” within the meaning of Rule 23(f).

Askin Ozturk v. Attorney General United States of America

Court of Appeals for the Third Circuit · Apr 1, 2025

The INA has established three tiers of terrorist organizations. Uddin, 870 F.3d at 284-85; 8 U.S.C. § 1182(a)(3)(B)(vi). … “[T]he Government must introduce evidence ‘indicat[ing]’ that a group qualifies as a Tier III terrorist organization.

35 Fair empl.prac.cas. 1707, 35 Empl. Prac. Dec. P 34,671 Vivian B. Gooding v. Warner-Lambert Company, Albert H. Graddis and Betty K. Adams, for Robert R. Adams

744 F.2d 354 · Court of Appeals for the Third Circuit · Sep 28, 1984

Rule 15(a) of the Federal Rules of Civil Procedure directs that "leave (to amend) shall be freely given when justice so requires." 6 It is a sound and established policy that procedural technicalities should not be used to … Armstrong's transfer clearly fell within at least one of the exceptions. Ms. Armstrong's old position was eliminated, and the new position created, as a result of a reorganization following the merger with Parke-Davis.

Estate of Schwenke, By and Through Hudson v. Becktold

979 F.2d 855 · Court of Appeals for the Third Circuit · Nov 20, 1992

It is true that he had no room to call his own at his parent's house during the relevant time, but he testified that he had no permanent room even when he was in high school, and he was clearly a resident then. … only seasonal, so his lodgings there may not qualify as a true residence. 21 Although the factors suggesting that Becktold had abandoned his residence with his parents are weighty, there remains a genuine issue of material

United States v. Anthony Dell'Aquilla, Enterprises & Subsidiaries

150 F.3d 329 · Court of Appeals for the Third Circuit · Aug 5, 1998

Sandalwood clearly exercised sufficient control over the development of the property to qualify as an "operator." See generally, B & W Inv. … Similarly, although Sandalwood clearly functioned as an operator, this record also fails to establish how long Sandalwood acted in that capacity. In United States v. Bestfoods, ___ S.

In the Matter of Manufacturers Credit Corporation, Debtors, and Official Unsecured Creditors' Committee, Intervenor v. Securities and Exchange Commission, in the Matter of Manufacturers Credit Corporation, Debtors. Sidney Engelhardt, Emanuel Engelhardt, and Isidor Engelhardt, and Kenron Co., a Partnership (Creditors) v. Securities and Exchange Commission, Joseph Thieberg, Receiver

395 F.2d 833 · Court of Appeals for the Third Circuit · May 16, 1968

It contends that the appellants have obtained the alternative relief they sought since the order is clearly couched in the pluralemploying the word 'petitions.' … Any immediate exercise of that power as far as the four corporations were concerned was negatived by the language of the District Court promptly qualifying its intention when it stated: 'If Orblack, Orange & Black, Fairview

Tanganelli v. Talbots, Inc.

169 F. App'x 123 · Court of Appeals for the Third Circuit · Feb 28, 2006

Furthermore, following a qualified absence, the employee is entitled to reinstatement to the former position or an equivalent one.4 29 U.S.C. § 2614(a)(1). … In her deposition, however, she clearly stated that she was given keys one week after she returned to work. “I came back on a Monday. I didn’t have keys until the following Monday . . . .

Brost v. Columbus Services International

761 F.2d 148 · Court of Appeals for the Third Circuit · May 2, 1985

circumstances as showing that higher pay is not related to extra duties: some males receive higher pay without doing the extra work; female employees also perform extra duties of equal skill, effort and responsibility; qualified … Clearly, the consent decree itself does not compel such a conclusion. 63 Moreover, even if one assumes the decree applies, the claim that CSI's present conduct violates the decree fails to advance the resolution of the instant

United States v. Nunez-May

225 F. App'x 85 · Court of Appeals for the Third Circuit · May 31, 2007

Marshals, certainly qualifies as more than an attempt. … The parties agree on the applicable legal framework; while loss must be established by a preponderance of the evidence, see United States v.

Abdul-Akbar v. McKelvie

239 F.3d 307 · Court of Appeals for the Third Circuit · Jan 29, 2001

As citizens, we may disagree with the congressional wisdom, but as judges, knowing the clearly stated legislative purpose, we may not disembowel the legislative act. … At all events, we doubt whether the allegations in Appellant’s § 1983 Complaint suffice to establish such an ongoing danger.

United States v. Espinosa-Cruz

244 F. App'x 421 · Court of Appeals for the Third Circuit · Aug 6, 2007

Espinosa had the burden of establishing that he was entitled 4 The District Court stated: “I rely on your failure to disclose information with respect to what occurred in Puerto Rico before your boarding … As a result, and for the thorough and persuasive reasons stated by the Court in the record, we conclude that the District Court properly ruled that Espinosa failed to qualify for application of the safety valve provision

Jill Sikkelee v. Precision Airmotive Corp

907 F.3d 701 · Court of Appeals for the Third Circuit · Oct 25, 2018

Under the applicable FAA regulations, the answer to that fundamental question is clearly no, regardless of whether such a change would have been minor or major. … As such, pursuant to PLIVA and Bartlett, Lycoming has established a valid impossibility preemption defense.

Smith v. Hartford Insurance Group

6 F.3d 131 · Court of Appeals for the Third Circuit · Oct 4, 1993

(finding such circumstances established), cert. denied, 454 U.S. 898 , 102 S.Ct. 398 , 70 L.Ed.2d 213 (1981). … As we explained in Heasley, contra proferentum recognizes insurance policies " 'are almost always drafted by specialists employed by the insurer, [who] should be expected to set forth any limitations on its liability clearly

Julie Diaz v. Saucon Valley Manor Inc

579 F. App'x 104 · Court of Appeals for the Third Circuit · Aug 27, 2014

We have cautioned against disturbing a district court’s decision of the reasonable hourly rate, unless it is clearly erroneous. Interfaith Community Org. v. … The objective of the forum rate rule is to assist a court in defining the relevant prevailing market that establishes the reasonable rate.

Sinclair v. Attorney General

198 F. App'x 218 · Court of Appeals for the Third Circuit · Aug 14, 2006

Just as Sinclair cannot establish nationality under Second Circuit precedent, he is likewise unable to demonstrate nationality under the law of this Circuit. … Sinclair, a permanent resident of the United States, clearly has sufficient contacts with the United States as a whole to support personal jurisdiction.

United States v. Adams

189 F. App'x 120 · Court of Appeals for the Third Circuit · Jul 10, 2006

Some of these contentions are not properly preserved for appeal, and the remainder clearly lack merit. … Nothing in appellants’ argument, then, establishes that Trala ought not to govern here. 5 While we review this claim only for plain error, we find no error of any kind with respect to this claim, as explained

Kennedy Ezeigwe v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 19, 2012

must be fulfilled for such an offense to qualify as an aggravated felony for purposes of the INA.” … Finally, Ezeigwe argues that the plea agreement in his case clearly states that Washington Mutual Bank suffered a loss of only $2,000. (Pet Br. at 4.) In Singh v.