Case law

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.

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

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

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.

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).

Hi Tech Trans LLC v. State of NJ

Court of Appeals for the Third Circuit · Sep 2, 2004

New Jersey’s Regulatory Scheme New Jersey Department of Environmental Protection (“NJDEP”) brought against Hi New Jersey has established a Tech. … defined as “a engage, in the business of solid waste solid waste facility at which solid waste is collection or solid waste disposal unless transferred from one solid waste vehicle to found . . . to be qualified

In Re Diet Drugs (Phentermine/Fenfluramin/Dexfenfluramine) Products Liability Litigation

595 F. App'x 109 · Court of Appeals for the Third Circuit · Dec 11, 2014

She is one of many thousands who allege entitlement to compensation from AHP Settlement Trust, an entity established to carry out the 1999 Settlement Agreement between the plaintiffs’ class and Wyeth, the corporate successor … In response, Lambert “again [took] issue with their assertion,” and she expressed her confidence “that the Special Master’s Technical Advisor [will] confirm her qualifying injury during the Show Cause process.”

Redland Soccer Club, Inc. v. Department of the Army of the United States

55 F.3d 827 · Court of Appeals for the Third Circuit · May 15, 1995

The court denied the United States' request for partial summary judgment based on sovereign immunity, and denied the motion in all other respects. 62 On January 25, 1993, the United States moved to dismiss the Redland Plaintiffs … The district court concluded that this disclosure was "inadvertent" and did not qualify as a "voluntary" waiver. App. at 2621. See Transamerica Computer Co. v.

Ed Collins v. Daniel Boyd

541 F. App'x 197 · Court of Appeals for the Third Circuit · Oct 2, 2013

Because the time limits established by Congress are mandatory and jurisdictional, Bowles v. … The District Court “may reconsider any pretrial matter … where it has been shown that the magistrate judge’s order is clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A).

Transport Workers' Union of Philadelphia, Local 234, in No. 88-1206 v. Southeastern Pennsylvania Transportation Authority, in No. 88-1160. Transport Workers Union of America, Local 2013 v. Southeastern Pennsylvania Transportation Authority and Louis F. Gould, Jr., Esquire, Individually and in His Official Capacity as Chairman of the Board of Septa Robert J. Thompson, Individually and in His Official Capacity as Vice Chairman of the Board of Septa Brian W. Clymer Judith E. Harris, Esquire Mary C. Harris, Thomas M. Hayward, C.P.A. Frank W. Jenkins, Esquire Richard E. Kutz, Esquire David W. Marston, Esquire James C. McHugh and Franklin C. Wood, Individually and in Their Official Capacities as Members of the Board of Septa, Brotherhood of Locomotive Engineers, Division 71 and Brotherhood of Locomotive Engineers and Thomas C. Brennan, in No. 88-1207 v. Southeastern Pennsylvania Transportation Authority and Louis F. Gould, Jr., Esquire, Individually and in His Official Capacity as Chairman of the Board of Septa Robert J. Thompson, Individually and in His Official Capacity as Vice Chairman of the Board of Septa Brian W. Clymer Judith E. Harris, Esquire Mary C. Harris Thomas M. Hayward, C.P.A. Frank W. Jenkins, Esquire Richard E. Kutz, Esquire David W. Marston, Esquire James C. McHugh and Franklin C. Wood, Individually and in Their Official Capacity as Members of the Board of Septa, in No. 88-1162. United Transportation Union, Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees, Brotherhood of Maintenance of Way Employees, Brotherhood of Railroad Signalmen, in No. 88-1208 v. Southeastern Pennsylvania Transportation Authority, in No. 88-1163

863 F.2d 1110 · Court of Appeals for the Third Circuit · Dec 28, 1988

Also, SEPTA produced testimony establishing that use of drugs in itself results in significant impairment. … The court found such testing was not justified at its inception because the required physical examination would identify employees who were clearly not fit for duty. See 678 F.Supp. at 551 .

United States v. Dickerson

Court of Appeals for the Third Circuit · Aug 24, 2004

immune to the statutory ban on sentences She’s got a job right now, and she’s of probation. Further, as both parties a lot wiser. … Standard of Review in Blakely is not clearly implicated here.

Meyers v. Wolkiewicz

50 F. App'x 549 · Court of Appeals for the Third Circuit · Oct 30, 2002

The District Court also granted summary judgment regarding Meyers’s state law claims on grounds of immunity. … The District Court correctly concluded that the affidavit of probable cause clearly established probable cause on its face.

Sperling v. Hoffmann-La Roche, Inc.

24 F.3d 463 · Court of Appeals for the Third Circuit · May 3, 1994

We therefore hold qualified plaintiffs may join a representative action for age discrimination after the time period for their individual actions has lapsed when the representative plaintiffs have filed a complaint within … The Special Master recommended granting Sperling's motion to join or incorporate into the opt-in class the 102 persons who filed consents in accordance with the procedure the district court established in its order after

In Re: Diet Drugs (Phentermine/fenfluramine/dexfenfluramine) Products Liability Litigation Linda Smart, a Class Member Who Has Exercised Her Intermediate Opt-Out Rights in Re: Diet Drugs (Phentermine/fenfluramine/dexfenfluramine) Products Liability Litigation Clara Clark, Linda Smart, George M. Fleming, Fleming & Associates, L.L.P., Mike O'Brien and Michael C. Abbott, in Re: Diet Drugs (Phentermine/fenfluramine/dexfenfluramine) Products Liability Litigation Keith K. Barlow, Ruby S. Barlow, Cherry Barnes, Joe Wayne Burton, Nora K. Burton, Lonelle S. James, Michael J. Miller, Kenneth W. Smith, Miller & Associates, Edward A. Williamson, Fenton B. Deweese, Ii, the Law Office of Edward A. Williamson, Merrida Coxwell, Charles R. Mullins, Coxwell & Associates, Pllc, and Eugene C. Tullos, in Re: Diet Drugs (Phentermine/fenfluramine/dexfenfluramine) Products Liability Litigation Linda Eichmiller, Brenda Cook, Richard Cook, Doris Caldwell, Susan McCarty Jim McCarty Jr., Julia Campbell, Carolyn Winters, Bobby G. Winters, MacY Houston, and John F. Houston, III

369 F.3d 293 · Court of Appeals for the Third Circuit · May 25, 2004

of notice raise "serious fairness concerns." 83 F.3d 610, 634 (3d Cir.1996). 6 Moreover, when a federal court seeks to effectuate a settlement agreement by way of enjoining state court proceedings, additional constraints qualify … set forth in subparagraphs (e) and (g) of Section I.53 8 ), against [Wyeth and other released parties], but may only assert a claim ... based on the heart valve of the relevant Diet Drug Recipient which was diagnosed by a Qualified

Jaasma v. Shell Oil Co

Court of Appeals for the Third Circuit · Jun 28, 2005

To qualify as an expert under Fed. R. Evid. 702, a witness must have sufficient qualifications in the form of knowledge, skills, and training. In re Unisys Sav. Plan Litig., 173 F.3d 145, 155 (3d Cir. 1999). … He clearly has the requisite qualifications. His proposed testimony “fits” as it goes to the risks associated with remediation efforts, which are relevant to Jaasma’s claim for damages and her mitigation argument.

Paul Estanio v. Attorney General United States

Court of Appeals for the Third Circuit · Nov 23, 2020

According to Estanio, upon receipt of his “immediately available” 2 visa number, he qualified to apply for adjustment to lawful permanent resident (“LPR”) status, pursuant … Here, Estanio claims that the BIA contravened its settled policy of reopening proceedings “where the applicant establishes new eligibility for adjustment of status.” (Opening Br. at 19.)

Morrison v. Schultz

270 F. App'x 111 · Court of Appeals for the Third Circuit · Mar 19, 2008

In reaching that conclusion, the court concluded that (1) the police possessed probable cause to arrest Morrison; (2) that even if the defendants did violate Morrison’s constitutional rights, they were entitled to qualified … immunity; and (3) that Morrison’s municipal liability claim against the City of Reading, brought pursuant to Monell v.

Ai Xun Jiang v. Attorney General

160 F. App'x 239 · Court of Appeals for the Third Circuit · Dec 27, 2005

Jiang also submitted letters documenting his 1 An alien whose spouse is forced to undergo a sterilization procedure can establish past persecution on account of political opinion, and qualifies as a refugee … The Attorney General has discretion to grant asylum to any alien who qualifies as a refugee. See 8 U.S.C. § 1158(b)(1)(A); Lukwago v. Ashcroft, 329 F.3d 157, 167 (3d Cir. 2003).

Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc.

171 F.3d 912 · Court of Appeals for the Third Circuit · Mar 29, 1999

The harm to McCready and her class was clearly foreseeable; indeed, it was a necessary step in effecting the ends of the alleged illegal conspiracy. … The plaintiffs clearly could not go at will to the employers who funded their health plans for a replenishment any time they needed more money.