Case law
Opinions from 1658 to today.
9,730 results
3.97s
334 F.3d 365 · Court of Appeals for the Third Circuit · Aug 1, 2003
. § 1322 (a) (emphasis added). 103 The bold text above, which qualifies the statutory guarantee requirement, is directly applicable to this situation. … Burstein argues that "[i]n some cases, causation may be established based upon the employee's expectancy interest in the misrepresented benefits."
Cited 33 timesPublishedSerbanic v. Harleysville Life Insurance
325 F. App'x 86 · Court of Appeals for the Third Circuit · Apr 30, 2009
It is well established that, in a § 1132(a)(1)(B) benefit claim under ERISA, the reviewing court must apply an arbitrary and capricious standard of review when the plan administrator is under a conflict of interest because … Under ERISA, an administrator’s claim decision “will be overturned only if it is clearly not supported by the evidence in the record . . . .” Smathers v.
Cited 2 timesUnpublished672 F.2d 1159 · Court of Appeals for the Third Circuit · Feb 9, 1982
It is this intentional discrimination which the Board must find has been established by substantial evidence. See Universal Camera Corp. v. … In the earlier cases, the ALJ found, and the Board adopted, specific findings of "widespread and pervasive" violations and clearly articulated the need for the remedy.
Cited 0 timesPublished195 F.2d 872 · Court of Appeals for the Third Circuit · Apr 22, 1952
It clearly indicated that it thought such a proposal could be and should be submitted 'forthwith'. On October 9, 1950, Northeastern submitted its proposal. … benefits in part, at least, of an integrated natural gas system, by conditioning the certificate to Northeastern and 'any certificate which may issue hereafter authorizing additional service in New England, to require the establishment
Cited 0 timesPublishedTommie Broome v. United States Department Of Labor
870 F.2d 95 · Court of Appeals for the Third Circuit · Apr 5, 1989
On December 14, 1987, the Secretary issued a decision, finding that plaintiffs were entitled to backpay from May 4, 1979 to June 29, 1979: "Clearly, but for Camden ETA's termination action, the complainants would have been … Procedures will be established to provide for the transfer, demotion, or separation of employees whose performance continues to be inadequate after reasonable efforts have been made to correct it.
Cited 0 timesPublishedCourt of Appeals for the Third Circuit · Jan 6, 1995
Ct. 2742 (1993).3 As applied to ADEA cases, the plaintiff establishes a prima facie case by showing that (1) he is over 40, (2) he is qualified for the position in question, (3) he suffered an adverse employment … As we have said in a similar context, "[t]hus, [plaintiff's] satisfactory performance of duties over a long period of time leading to a promotion clearly established his qualifications for the job."
Cited 0 timesUnknown649 F.2d 967 · Court of Appeals for the Third Circuit · May 22, 1981
That evidence clearly supports the verdicts 4 Officer Stewart also made a purchase on August 28 from Collins and observed Williams handling the money. … The court considered that he could not be ordered to testify unless he was granted immunity; and since the government was not prepared to take such action, the witness was excused 21 Jackson points to the court's statement
Cited 0 timesPublishedOfficial Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.P
267 F.3d 340 · Court of Appeals for the Third Circuit · Oct 9, 2001
(“Cogen”), and their qualified independent underwriters, defendant R.F. Lafferty & Co., Inc. (“Lafferty”), and defendant Liss Financial Services, Inc. (“Liss”). … In the present case, the Shapiros clearly dominated Walnut and ELCOA. They were the sole representatives in the alleged fraud with Lafferty. Additionally, William Shapiro was the sole shareholder.
Cited 269 timesPublishedPolk, Ronald v. Central Susquehanna Intermediate Unit 16
853 F.2d 171 · Court of Appeals for the Third Circuit · Aug 19, 1988
The Court self-consciously limited its opinion to the facts before it: 44 We do not attempt today to establish any one test for determining the adequacy of educational benefits conferred upon all children covered by the Act … The governing law, however, clearly imposes a higher standard. 65 Id. at 991 .
Cited 0 timesPublishedCourt of Appeals for the Third Circuit · Aug 28, 2001
Lead Counsel noted that its fee request "adhere[d] precisely to the parameters in the lowest qualified bid proposal" established by the court's auction.9 At the hearing on the request to approve the Settlement and for counsel … Had Aboff and Wilson shown that: (1) their fee agreement was substantially lower than that negotiated by the CalPERS Group; (2) their chosen counsel were as qualified or more qualified than those chosen by the presumptive
Cited 0 timesUnknownUnited States v. Luis Ventura-Saenz
554 F. App'x 95 · Court of Appeals for the Third Circuit · Jan 8, 2014
A district court’s ruling can only be reversed under an abuse-of-discretion standard if the decision was arbitrary, irrational, fanciful, clearly unreasonable, or if the decision was based on a “clearly erroneous finding … A qualified him for a criminal history category of II.
Cited 0 timesUnpublishedCourt of Appeals for the Third Circuit · May 29, 2020
Because the employee “could not have enforced his indemnification right until the nature of his conduct underlying the [former employer’s lawsuit] was established[,]” “the statute of limitations on [the employee]’s indemnification … [USM] possessed the status as a qualified bidder and incumbent license holder before the Federal Communications Commission; 2. [Elkin] or [TEG] exercised control over that status; 3.
Cited 0 timesPublishedJohn McGee v. Township of Conyngham
Court of Appeals for the Third Circuit · Sep 23, 2021
DISCUSSION3 McGee clearly failed to support a due process claim, but his First Amendment claim has more merit. We consider each of those two claims in turn. A. … At the same time, however, we have also emphasized that “the threshold” for establishing the second element “is ‘very low.’” Baloga v. Pittston Area Sch. Dist., 927 F.3d 742, 758 (3d Cir. 2019) (quoting O’Connor v.
Cited 0 timesUnpublishedBarber v. University of Medicine & Dentistry
118 F. App'x 588 · Court of Appeals for the Third Circuit · Dec 15, 2004
The plaintiff in Stern was highly qualified and highly regarded non- Hispanic Professor of Spanish who applied for, but did not receive, a position as Director 4 of the Spanish … While there was clearly friction between Casey and Barber, there is no evidence that Casey’s behavior stemmed from any racial animus.
Cited 2 timesUnpublishedAmgad Hessein v. The American Board of Anesthes
Court of Appeals for the Third Circuit · Oct 7, 2015
The court reasoned that the physician-plaintiffs did not seek to eliminate the residency training requirement; rather, they sought to restore the practice track as an alternative to residency training so that they could qualify … accepted on his behalf, informing him that because his medical licenses had been suspended, it was initiating proceedings against him to revoke his Board certifications.4 That the Board has the authority, pursuant to its clearly
Cited 0 timesUnpublished460 F. App'x 103 · Court of Appeals for the Third Circuit · Jan 17, 2012
. § 2613a(a), clearly falls within the category of gambling offenses. … The dogfighting statute qualifies because it is a chargeable offense punishable by up to two years of imprisonment. See 19 V.I.C. § 2613a(a)(4).
Cited 3 timesUnpublished591 F.2d 223 · Court of Appeals for the Third Circuit · Feb 5, 1979
Indeed, in New Jersey a trust company is incorporated under the banking laws and as a practical matter is actually a bank which has specially qualified itself to exercise fiduciary powers. See N.J.S.A. 17:9A-28. … That case is thus clearly distinguishable from the case before us where National State and City Trust will be conducting the same type of business in the same neighborhood 3 Pursuant to our direction, the parties have submitted
Cited 0 timesPublished21 F.3d 1292 · Court of Appeals for the Third Circuit · Apr 14, 1994
Dealings in property qualify as "whatever source" and gains realized from such dealings certainly constitute "income." Id. Secs. 61(a)(3), 1001(a), (b), (c). … Only if it is clearly understood that far more than economic factors are involved, will the resulting distribution be equitable within the true intent and meaning of the statute. 54 In Chalmers v.
Cited 1 timesPublishedBrian Fields v. Speaker of the Pennsylvania
Court of Appeals for the Third Circuit · Aug 23, 2019
It is quite a different thing to construe this description in dicta as tantamount to a holding that legislative prayer must be theistic in nature to qualify as such. … If the Pennsylvania House instituted a rule that required all guest chaplains to include references to a “higher power” or God in their prayers, we undoubtedly would hold that such a rule clearly violates the Establishment
Cited 0 timesPublished112 F.3d 105 · Court of Appeals for the Third Circuit · Apr 18, 1997
He also believes that the FBI can establish his innocence: [The FBI is needed so] I could prove I had not murdered these two women ... … Id. at 402 (emphasis added).6 The district court’s conclusion that the petitioner had not clearly established that Heidnik lacked the capacity to make a knowing, intelligent, and voluntary waiver
Cited 3 timesUnknown
Ask Donna