Case law

Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)

959 F.2d 1194 · Court of Appeals for the Third Circuit · Mar 25, 1992

They stipulated that Son's and MNJ's liability to MNY for conversion was not disputed because MNY had already established on its motion for summary judgment facts enough to support the conversion claim. … liability that: 23 Throughout his employment by Maritime NY, Michael Gill repeatedly and regularly complained about his compensation and demanded that Thomas Gill turn over his stock to Michael Gill as the latter was better qualified

United States of America Ex Rel. Frank Phelan v. Joseph R. Brierley, Warden, State Correctional Institution, Philadelphia, Pennsylvania

453 F.2d 73 · Court of Appeals for the Third Circuit · Oct 26, 1971

My reaction is that counsel have either disqualified the plea they are trying to present or qualified their client mentally, one or the other." … Walsh, was clearly erroneous for these reasons: 198 1. Mr.

Century 21 v. LendingTree Inc

Court of Appeals for the Third Circuit · Oct 17, 2005

Clearly, the mechanic is referring to another’s product, but does so in order to describe what he does. … The Supreme Court in KP Permanent Make- Up clearly established that it was plaintiff’s burden in a classic fair use case to prove likelihood of confusion.

Penn West Associates, Inc. v. Cohen

371 F.3d 118 · Court of Appeals for the Third Circuit · Jun 9, 2004

If those administrative closings comport with the practice described in Mercer, 132 F.R.D. at 39 n. 1 ( i.e., clearly indicating the status of the litigation), there is little possibility that the parties mistake the order … We note that our dissenting colleague does not challenge our application of well-established principles of finality or the conclusion that an administrative closing order does not constitute a final decision.

Millien v. Attorney General of the United States

326 F. App'x 105 · Court of Appeals for the Third Circuit · Jun 4, 2009

Millien testified that between January 2000 and the time of the election, he had been “qualified as someone who was plotting against the Lavalas government.” A.R. 133-34. … We hold that Millien has established past persecution on the basis of his political opinion.

United States v. Kevin Cleveland

413 F. App'x 445 · Court of Appeals for the Third Circuit · Feb 8, 2011

Under the sentencing guidelines a conspiracy conviction qualifies as a crime of violence if the predicate crime for that conspiracy was, itself, a crime of violence. … The criminal complaint establishes that Cleveland was one of the defendants charged with criminal conspiracy and the judgment from the 1993 case establishes that Cleveland was convicted of that charge.

Carrillo v. Atty Gen USA

114 F. App'x 502 · Court of Appeals for the Third Circuit · Nov 16, 2004

order here.2 We have jurisdiction to review final orders of removal pursuant to 8 U.S.C. § 1252(a), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”).3 This jurisdiction is qualified … Her opinion clearly embodies an individualized review of Carrillo’s case. 7  IV.

Saporito v. Combustion Engineering Inc.

843 F.2d 666 · Court of Appeals for the Third Circuit · Mar 29, 1988

C-E contends that appellants do not qualify as participants in the VESP because they have received all of the benefits to which they are entitled under the VESP plan in a lump sum. We agree. … The complaint, in Count II, clearly provides notice of the nature of the claim and that the claim was made under ERISA.

Abdallah Khamis v. Attorney General United States

Court of Appeals for the Third Circuit · Jun 14, 2021

The Board concluded that the Immigration Judge’s CAT finding was not clearly erroneous because the evidence showed governmental efforts to treat HIV positive persons and the country conditions report did not indicate that … We held there was a significant possibility of a different outcome had counsel submitted the medical record evidence because a strong case exists for a noncitizen with “a qualifying child with very serious health issues

Horning v. Lavan

197 F. App'x 90 · Court of Appeals for the Third Circuit · Oct 2, 2006

Under Pennsylvania law, a theft offense which does not qualify as a felony is a misdemeanor of the first degree, “except that if the property was not taken from the person or by threat, or in breach of fiduciary obligation … Petitioner clearly could have pursued his present illegal sentence claim long before he filed his present Habeas Corpus Petition.

Hussein Mirjan v. Atty Gen USA

Court of Appeals for the Third Circuit · Aug 28, 2012

While the record clearly indicates that Mirjan provided documents and evidence to support his notion that he and Bossler were engaged in a bona fide marriage, the CIS found that evidence to lack credibility or otherwise … fail to establish that Mirjan and Bossler were establishing a life together.

Shawanna Wright v. Providence Care Center LLC

Court of Appeals for the Third Circuit · Aug 10, 2020

If the employee establishes a prima facie case, the burden shifts to the employer to establish a legitimate nondiscriminatory reason for its employment action. … Wright cannot overcome what the record clearly shows. She and her subordinate got into a loud argument at the nursing home.

United States v. Sally

Court of Appeals for the Third Circuit · May 28, 1997

Collectively, these decisions clearly establish that when an offender demonstrates an exceptional or extraordinary degree of responsibility, a court may depart downward. … Accordingly, we will vacate Sally's sentence and remand the cause to the district court for it to determine whether Sally's post-conviction rehabilitation efforts qualify him for a downward departure.

Zeffie Surgick v. Acquanetta Cirella

509 F. App'x 119 · Court of Appeals for the Third Circuit · Jan 14, 2013

In 6 Smith, the Supreme Court held that an inmate’s informal brief, submitted in response to a briefing order, could qualify as a notice of appeal; the case was remanded to … Under Third Circuit LAR 27.4 and I.O.P. 10.6, we may summarily dispose of an appeal when it clearly appears that no substantial question is presented by the appeal.

In Re: TMI Litigation

193 F.3d 613 · Court of Appeals for the Third Circuit · Nov 2, 1999

V, at 3309 ("The fact that erythemic responses also occurred in many cases at TMI clearly established that there was a higher level of exposure. … Her study was an attempt to determine whether the TMI area residents exhibited immune system depression, and if they did, to compare their immune system parameters with the immune parameters of people in the former Soviet

Hakeem v. Beyer

990 F.2d 750 · Court of Appeals for the Third Circuit · Mar 31, 1993

Accordingly, that record does not show anxiety sufficient to establish actual prejudice.3. 45 In order to establish that his defense was prejudiced by the delay, Hakeem alleges specific impairment of his defense in two respects … Other courts have drawn an analogy to the "clearly erroneous" test we use in reviewing a district court's findings of fact. See O'Bryan v.

Wilmer Matamoros Rivera v. Attorney General United States

Court of Appeals for the Third Circuit · Nov 6, 2018

The IJ also denied Matamoros Rivera’s requests for relief, concluding that he was not credible and that, alternatively, he did not qualify for withholding of removal or protection under the CAT. … Matamoros Rivera’s counseled brief does not directly challenge the Board’s conclusion that he failed to establish eligibility for withholding of removal and protection under the CAT.

Rodney Anderson v. T. Bickell

Court of Appeals for the Third Circuit · Nov 2, 2018

Thus, “[w]here a prisoner has received some amount of medical treatment, it is difficult to establish deliberate indifference[.]” Id. Anderson has not alleged deliberate indifference here. … Second, the District Court concluded that defendants are shielded by sovereign immunity from liability for monetary damages in their official capacities.

Pivirotto v. Innovative Systems, Inc.

Court of Appeals for the Third Circuit · Sep 7, 1999

Green, 411 U.S. 792 (1973), a failure-to-hire case, the Supreme Court outlined the prima facie case that a plaintiff must establish, listing four elements: that plaintiff is a member of the protected class, that he was qualified … The jury therefore might well have concluded that Pivirotto was replaced by a man, which would clearly render the instruction harmless.

United States v. General Battery Corporation, Inc., Exide Corporation Exide Corporation

423 F.3d 294 · Court of Appeals for the Third Circuit · Sep 6, 2005

As a general matter, we agree it is unlikely that states would attempt to immunize their corporations from CERCLA liability. See generally Richard L. … Comm’r, 614 F.2d 860 , 871 (3d Cir.1980) (New Jersey law) (“Although there was no stock transfer here, and only cash was involved, there was clearly a continuation of stockholder interest.”); Bud Antle, Inc. v. E.