Case law

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

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.

Sun Buick, Inc. v. Saab Cars USA, Inc.

26 F.3d 1259 · Court of Appeals for the Third Circuit · Jun 20, 1994

As the Pennsylvania Commonwealth Court has recognized: including but not limited to, established place of business. … We have already stated that the power and authority to be exercised by administrative commissions must be conferred clearly and unmistakably by the legislature; a doubtful power does

Gurgen Tkhelidze v. Attorney General United States

Court of Appeals for the Third Circuit · Jan 23, 2018

App. 5 (“The [IJ] further did not clearly err in holding that . . . the evidence shows that the attacker was prosecuted . . . .” (emphasis added)). … But it gave no such qualifier when resolving whether Petitioner has established a well-founded fear of future persecution, indicating it instead reviewed that question de novo.

Lin v. Atty Gen USA

Court of Appeals for the Third Circuit · Sep 11, 2008

SUFFERED PERSECUTION AT THE HANDS OF THE CHINESE GOVERNMENT, AND THUS, IS CLEARLY ELIGIBLE FOR ASYLUM. … It is well-established that agencies may waive compliance with their “procedural rules adopted for the orderly transaction of [agency] business . . . .” Colo. Envtl. Coal. v.

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.

Fisher v. Volz

496 F.2d 333 · Court of Appeals for the Third Circuit · May 3, 1974

THE BASS SEARCH 10 The testimony of the police and FBI agents established the following sequence of events. … The testimony, if believed, established factors (1), (2), (3), (7), (8), and (11).

Educational Testing Service v. John Katzman

793 F.2d 533 · Court of Appeals for the Third Circuit · Jun 20, 1986

Even if Katzman is president and sole shareholder of Review, this alone may not establish that the incorporated Review is liable on Katzman's contract. … Eastern Air Lines, Inc., 369 F.2d 874, 877 (3d Cir.1966), cert. denied, 390 U.S. 996 , 88 S.Ct. 1194 , 20 L.Ed.2d 95 (1968) ("[t]he basis of the Court's ruling is clear"). 86 On the other hand, our precedent clearly requires

Transportes Ferreos De Venezuela II CA v. NKK Corp.

239 F.3d 555 · Court of Appeals for the Third Circuit · Feb 8, 2001

Thus, the rod-eye failure qualifies as an"occurrence," and this cause qualifies as a "suit," as those ter ms are defined in the contract. … However , New Jersey law is not so generous; as noted, more than speculation and conjecture is required to establish substantial prejudice.

Guy Sileo, Jr. v. Superintendent Somerset SCI

702 F. App'x 95 · Court of Appeals for the Third Circuit · Jul 26, 2017

that the Antiterrorism and Effective Death Penalty Act of 1996 (the “AEDPA”) applies and denies relief sought on the merits unless the state court decision “was contrary to, or involved an unreasonable application of, clearly … 122 (3d Cir. 2009), as corrected (July 15, 2009) (finding that defendant had not proven prejudice because “[Petitioner] has provided not a shred of evidence suggesting any probability that, had his trial counsel life-qualified

United States v. Amos Singleton

565 F. App'x 108 · Court of Appeals for the Third Circuit · May 1, 2014

We have never definitively ruled on whether an overt act is required to establish such a conspiracy, and our prior opinions give conflicting guidance. Compare United States v. … Insofar as he questions the District Court‟s factual findings as to how the gun was obtained, those findings were not clearly erroneous.

United States v. James Counterman

Court of Appeals for the Third Circuit · Mar 10, 2021

The parties agree that plain error review applies in this case because the District Court clearly had jurisdiction to impose the sentence of 144 months. See Puckett v. … Second, it is the Government’s burden to 9 See n.2, supra. 10 establish the basis for an enhancement. Id. § 851(a)(1).

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.

Tanzillo v. Local Union 617

769 F.2d 140 · Court of Appeals for the Third Circuit · Aug 14, 1985

Sec. 1001 et seq. applies to Tanzillo's claim, Tanzillo has failed to establish his eligibility under the Fund's plan. … The language of section 414 quite clearly recognizes the independent existence of local unions, and gives local unions responsibilities which are different from those of the national organizations.

United States v. David Shulick

Court of Appeals for the Third Circuit · Nov 15, 2021

Under this version of the statute, Shulick would have a better argument that the condition qualifies all words before it, as a unitary whole. … Declining to calculate the offsets as Hamilton proposed was not clearly erroneous. Shulick simply did not carry his burden to show that additional money was spent for the benefit of Southwest.

Intervest, Inc. v. Bloomberg, L.P. Sg Cowen Securities Liberty Brokerage Investment Liberty Brokerage, Inc. Liberty Brokerage Securities, Inc. Deutsche Bank Securities Cantor Fitzgerald Securities Salomon Smith Barney, Inc. Merrill Lynch & Co. J.P. Morgan Securities, Inc. Intervest Financial Services, Inc. v. Bear Stearns, Co. Inc. Cantor Fitzgerald Securties S.G. Cowen Securities Corp. Deutsche Bank Securities Corp. Liberty Brokerage, Inc. Liberty Brokerage Securities, Inc. Liberty Brokerage Investment, Corp. Merrill Lynch & Co., Inc. J.P. Morgan Securities, Inc. Salomon, Smith, Barney, Inc. Bloomberg, L.P. Cantor Fitzgerald, L.P. Cantor Fitzgerald Partners Intervest Financial Services, Inc.

340 F.3d 144 · Court of Appeals for the Third Circuit · Aug 7, 2003

InterVest submits that the evidence it presented in this case qualifies for the direct evidence exception to the Monsanto/Matsushita summary judgment standard and consequently faults the District Court's application of these … While these passages, viewed out of context, give the impression that the Court was improperly balancing the evidence, a job left to the fact-finder, what the Court clearly did was to conclude that the evidence InterVest

City of Richmond, Virginia v. Madison Management Group, Inc. Gha Lock Joint, Inc., (Two Cases). Clevepak Corporation Marbro Company, Inc., & Third Party v. Whitman, Requardt and Associates, Third Party (Two Cases). City of Richmond, Virginia v. Madison Management Group, Inc. Gha Lock Joint, Inc. Marbro Company, Inc., Clevepak Corporation, & Third Party v. Whitman, Requardt and Associates, Third Party City of Richmond, Virginia v. Marbro Company, Inc., & Third Party and Madison Management Group, Inc. Gha Lock Joint, Inc., Clevepak Corporation, & Third Party v. Whitman, Requardt and Associates, Third Party

918 F.2d 438 · Court of Appeals for the Third Circuit · Nov 6, 1990

See Duris, 684 F.2d at 356 ("Any other ruling would allow corporations to immunize themselves by formalistically changing their titles."). … If, as the Pipe Defendants contend, Rule 49(a) governs, there is no established authority requiring the Pipe Defendants to object prior to discharge of the jury.

United States v. David Shulick

Court of Appeals for the Third Circuit · Nov 15, 2021

Under this version of the statute, Shulick would have a better argument that the condition qualifies all words before it, as a unitary whole. … Declining to calculate the offsets as Hamilton proposed was not clearly erroneous. Shulick simply did not carry his burden to show that additional money was spent for the benefit of Southwest.

Root Refining Co. v. Universal Oil Products Co.

169 F.2d 514 · Court of Appeals for the Third Circuit · Jul 6, 1948

When the provisions of paragraph (b) of Rule 24 are applied, the intervention of Whitman is clearly permissible and should be granted. … Universal’s staff of lawyers in the Root cases was of a very high order, and each lawyer was well qualified for the part he was employed to play. Thomas G.

McTernan v. York

Court of Appeals for the Third Circuit · Apr 27, 2009

We found that the specific evidence adduced by Barth did not establish a “compelling” safety hazard as a matter of law. … City of Philadelphia, we expanded on these 12 We do not address qualified immunity or McTernan’s right to specific relief, as these issues were not decided by the District Court.