Case law

United States v. Bell

282 F. App'x 184 · Court of Appeals for the Third Circuit · Jun 6, 2008

Further, Atrium was a qualifying “health care benefit program” because it was receiving funds under Medicare and Medicaid, and Whipkey’s false statements obviously related to care given – or not given – by Atrium. … The Court concluded that Bell thus “failed to establish that” the correspondence between herself and Senator Santorum was “suppressed within the meaning of Brady,” and she, “therefore, failed to establish a Brady violation

United States v. Binyamin Stimler

Court of Appeals for the Third Circuit · Jul 17, 2017

Ralbag was granted immunity in exchange for his testimony, and the other two witnesses pled guilty to lesser offenses. 90 We therefore decline to consider whether the defendants had an adequate opportunity to cross-examine … The balance here clearly lies on the side of public safety.

Ragan v. Tri-County Excavating, Inc.

62 F.3d 501 · Court of Appeals for the Third Circuit · Aug 7, 1995

The fact that the claimant under the bond happens to be an ERISA fund is not the kind of "critical factor in establishing liability" that prompted preemption in Ingersoll-Rand. … Delta Plumbing & Heating Corp., 818 F.Supp. 623, 629 (S.D.N.Y.1993) (rejecting the reasoning of the Eleventh and Ninth Circuits and holding that a surety qualified as an employer under ERISA). 76 We agree with the Ninth and

United States v. Trevor Stephen

Court of Appeals for the Third Circuit · Jan 10, 2025

And “[c]ircumstantial inferences drawn from the evidence” are permissible as long as they “bear a ‘logical or convincing connection to established fact.’” … of the case could also be drawn from the established facts is not a basis for reversing the jury’s verdict.

Omar Cargoso v. Attorney General United States

Court of Appeals for the Third Circuit · Apr 21, 2021

The IJ found that Cargoso had established a reasonable fear of persecution and referred the matter to “withholding-only” proceedings pursuant to 8 C.F.R. § 1208.31(g)(2). … The BIA dismissed the appeal, affirming the IJ’s decision regarding the single proposed social group and reasoning that Cargoso did not establish that this group was legally cognizable.

9 Fair empl.prac.cas. 117, 9 Empl. Prac. Dec. P 9923

508 F.2d 687 · Court of Appeals for the Third Circuit · Mar 4, 1975

The Company agrees to make every reasonable effort to bring its minority and female workforce up to parity by location and EEO-1 categories as openings for new hires occur and qualified applicants are available within five … female and minority group workers 43 It is acknowledged that the collective bargaining agreement was signed approximately four months earlier than the conciliation agreement 44 'If the new agreement contains terms that are clearly

Lerman v. Commissioner

939 F.2d 44 · Court of Appeals for the Third Circuit · Jul 17, 1991

A straddle may be established (or “put on”) using either option or future contracts or a combination of both. … We see no basis to hold, however, that the amendment to section 108(b) was intended to override the long-standing requirement that transactions have economic substance to be qualified for loss deduction status.

Dewey v. Volkswagen Aktiengesellschaft

681 F.3d 170 · Court of Appeals for the Third Circuit · May 31, 2012

America, Inc., Audi of America, Inc., and related entities (collectively, “Volkswagen”).1 As part of the settlement, one group of class members (the “reimbursement group”) received the right to reimbursement for certain qualifying … The problem with dividing the class without having any representation from one of the groups becomes clearly untenable in this case because of who drew the line.

Norwilton Murray v. Fairbanks Morse, Beloit Power Systems, Inc., in No. 78-2224. Cross Appeal of Norwilton Murray, in No. 78-2225

610 F.2d 149 · Court of Appeals for the Third Circuit · Nov 29, 1979

Although individual plaintiffs may benefit from the immunity currently given for their contributory negligence, the consuming public at large may be adversely affected. … However, the Virgin Islands legislature has clearly indicated that comparative principles will be applied in negligence cases and we believe that it is consistent with and advances legislative policy to extend, under common

Brace v. O'Neill

567 F.2d 237 · Court of Appeals for the Third Circuit · Nov 10, 1977

The district court also concluded that there was “abundant evidence to establish sex discrimination in the employment practices of the Philadelphia police department.” … The problem with the district court’s order which the majority found fatal to its ap-pealability is that the dismissal was “qualified”; it was a dismissal without prejudice pending final decision in another case.

Bharatkumar Thakker v. Attorney General United States

Court of Appeals for the Third Circuit · Nov 25, 2020

However, while the IJ found that Thakker had not established extreme hardship, he also determined that, even if he had, Thakker did not merit a waiver in the exercise of discretion. … On appeal, the BIA assumed that Thakker had established extreme hardship but agreed that he was not entitled to the waiver as a matter of discretion.

Lugo v. Schweiker

776 F.2d 1143 · Court of Appeals for the Third Circuit · Nov 13, 1985

Id. at 234 , 101 S.Ct. at 1082. 45 The classification challenged on this appeal is not only rational but clearly necessary. … With respect to overpayment of monthly benefits, however, the otherwise mandatory requirement that they be recovered is qualified.

Irwin Shapiro v. Ujb Financial Corp.

964 F.2d 272 · Court of Appeals for the Third Circuit · Jul 7, 1992

We also note that plaintiffs in future cases of this kind should plead clearly and coherently from the outset. 2. … This allegation is clearly inactionable puffing. Moreover, many allegations refer to defendants' statements about specific figures.

Air Reduction Co. v. Philadelphia Storage Battery Co.

14 F.2d 734 · Court of Appeals for the Third Circuit · Jun 22, 1926

Under the charge of the court, the case narrowed to two charges of negligence, clearly and tersely stated therein, as follows: “The particular negligence that is charged in this ease is this: That in making this manifold … The proofs show his experience, knowledge of the business, and practices of others warranted the court in concluding he was sufficiently qualified to testify on that subject.

Nathaniel Maybin v. Dennis Slobodian

Court of Appeals for the Third Circuit · Jun 21, 2018

And because Maybin failed to establish that his rights were violated, the District Court correctly held that Defendants were entitled to qualified immunity. See Wright v.

Richard Borman and Joanne Borman, His Wife, Joanne Borman, of the Last Will of Richard Borman v. Raymark Industries, Inc., Keene Corporation, Eagle-Picher Industries, Inc., Owens-Corning Fiberglas Corporation, Owens-Illinois Glass Company, Celotex Corporation, Fibreboard Corporation, Gaf Corporation, Turner-Newall, Plc, Garlock, Inc. v. Nicolet, Inc. Celotex Corporation

946 F.2d 1031 · Court of Appeals for the Third Circuit · Oct 21, 1991

This disjunctive language clearly indicates that Congress intended for § 362(a)(1) to stay actions against the debtor that are not necessarily brought to recover a claim. … The automatic stay is now statutory, and its plain language is no longer qualified by jurisdictional limitations. 23 Applying § 362(a)(1) to actions against the debtor that do not necessarily involve property of the estate

Spectacor Management Group v. National Labor Relations Board, Atlantic Exposition Services, Inc., Intervenor South Jersey Regional Council of Carpenters, Local 623 Affiliated With the United Brotherhood of Carpenters and Joiners of America, Afl-Cio v. National Labor Relations Board, Atlantic Exposition Services, Inc., Intervenor National Labor Relations Board v. Spectacor Management Group South Jersey Regional Council of Carpenters, Local 623, Affiliated With the United Brotherhood of Carpenters and Joiners of America, Afl-Cio, Atlantic Exposition Services, Inc., Intervenor

320 F.3d 385 · Court of Appeals for the Third Circuit · Feb 13, 2003

Id. 37 Having found that a trade show floor did not qualify as a construction site, the ALJ determined that the agreement did not fit within the proviso. Id. … The Board has concluded that under established principles of statutory construction, the construction industry proviso "should not be given an expansive reading" but should protect only "`those subjects expressly exempted

United States v. Roland Sherman

423 F. App'x 227 · Court of Appeals for the Third Circuit · Apr 13, 2011

Because Sherman qualified as a career offender under U.S.S.G. § 4B1.1, the offense level was adjusted to 34. … The plea agreement stated that “the parties agree that the total Guidelines offense level applicable to Roland Sherman is 27” (App. at 26), but it also stated simply and clearly: The sentence to be imposed upon

Farah v. Atty Gen USA

140 F. App'x 405 · Court of Appeals for the Third Circuit · Aug 1, 2005

In order to qualify for asylum, Farah must establish his membership in the Midgan and show 4 that persecution is based on that membership. Fatin v. … The record clearly suggests that beyond 6 the “generalized or random possibility of persecution” discussed in Kotasz v.

United States v. Hansel Bailey

598 F. App'x 117 · Court of Appeals for the Third Circuit · Feb 3, 2015

Doherty, 867 F.2d 47, 67 (1st Cir.1989), as sufficient to establish identity. … businesses and describes the requirements a business must satisfy to qualify for those benefits.