Case law

Westmoreland Human Opportunities, Inc. v. Walsh

260 F.3d 233 · Court of Appeals for the Third Circuit · Apr 10, 2001

As we see it, the strength of an agency's supervisory interest can best be gauged by examining the substantive provisions of the grant scheme established by applicable federal statutes and regulations. Cf. … By accepting an invitation to sit on the LSS's Unsecured Creditors Committee, WHO clearly incurr ed a fiduciary obligation to its fellow Committee members.

Joanna Pacitti, a Minor, by Joseph Pacitti, and Stella Pacitti, Her Parents and Guardians v. MacY MacY East, Inc

193 F.3d 766 · Court of Appeals for the Third Circuit · Oct 5, 1999

See Polonski, 137 F.3d at 144 (stating that “the appellate proceedings clearly manifest an intent to appeal”); see also Canady v. … Macy’s should have manifested its intention in the contract by limiting or qualifying its offer accordingly.

T.R. v. Bd Ed Kingwood Twp

Court of Appeals for the Third Circuit · Mar 9, 2000

However, we must accept the District Court's findings of fact unless they are clearly erroneous. See Oberti v. Board of Educ. of Borough of Clementon Sch. Dist. , 995 F.2d 1204, 1220 (3d Cir. 1993). II. … I would have no quarrel with this holding if the record indicated that Rainbow Rascals failed to meet educational criteria established by the State. See 20 U.S.C.

Lozano v. City of Hazleton

620 F.3d 170 · Court of Appeals for the Third Circuit · Sep 9, 2010

It clearly does. Lozano and Espinal have established that if the IIRAO is enforced, it will cause them particularized injury redressable by 40 this court. … That is more than sufficient to establish standing.

Frances Scarborough V.

457 F. App'x 193 · Court of Appeals for the Third Circuit · Jan 10, 2012

In that opinion, we determined whether ―a mortgage on a multi-unit dwelling in which the debtor resides qualifies for the anti-modification protection afforded by 11 U.S.C. … Compare with 11 U.S.C. § 1322(a) (establishing what the Chapter 13 plan ―shall‖ contain).

Karen Tucker v. Secretary US Department of Hea

487 F. App'x 52 · Court of Appeals for the Third Circuit · May 16, 2012

The record establishes that Dr. Tucker did not pursue any of the claims at issue in her complaint to completion. … We have carefully reviewed the record, and we conclude that the District Court did not clearly err in relying 9 on Dr.

Guarino v. Larsen

11 F.3d 1151 · Court of Appeals for the Third Circuit · Dec 29, 1993

Turning to the issue of damages, the district court concluded that all defendants had absolute immunity, and hence no damages were recoverable; the court, however, did award reasonable attorneys' fees under 42 U.S.C. … I write separately to briefly express my conclusion that the November 10th and March 10th orders are simply parts of one action by the Pennsylvania Supreme Court, which to me is clearly adjudicative. 52 Moreover, I disagree

Edelson, Michael, in No. 78-2627 v. Soricelli, Richard R., M.D. And Clark, James E., M.D. And Crozer-Chestermedical Center. McCormick Harry G., McCormick Evelyn, Husband and Wife, in No.79-1012 v. Baker, Dan R., M.D. Guthrie Clinic, Ltd. The Robert Packer Hospital

610 F.2d 131 · Court of Appeals for the Third Circuit · Nov 16, 1979

The plaintiff, a Tennessee corporation not qualified to do business in Mississippi, brought suit in a Mississippi federal district court. … Unlike the majority, I do not view Guaranty Trust as mandating a finding that the arbitration panel establishes substantive rights.

Dewitt v. Penn-Del Directory Corp.

106 F.3d 514 · Court of Appeals for the Third Circuit · Feb 14, 1997

In Count II of her Complaint, Dewitt asserts that Penn-Del discharged her to prevent her from qualifying for the 1990 Employer Contributions, Plan Forfeitures and Trust Income allocable to her account. … A Plan participant reading this provision could believe that it clearly prohibited distribution of an account prior to the end of the calendar month in which the employee was terminated.

United States v. Ralph Dennis

826 F.3d 683 · Court of Appeals for the Third Circuit · Jun 24, 2016

Accordingly, dismissal under this circumstance is rare, occurring only where the government’s conduct is “shocking, outrageous, and clearly intolerable.” United States v. … Because there is not sufficient evidence of inducement, Dennis is not entitled to a jury instruction even if he could establish a lack of predisposition.

Banks v. Horn

271 F.3d 527 · Court of Appeals for the Third Circuit · Oct 31, 2001

We are being asked to determine whether that application of Mills was contrary to, or an unreasonable application of, clearly established federal law. … to clearly established federal law.

In Re Professional Insurance Management, Debtor. Professional Insurance Management v. The Ohio Casualty Group of Insurance Companies the Ohio Casualty Insurance Ohio Life Insurance Company Ohio Security Insurance Company and Ocasco Budget West American Insurance Company American Fire and Casualty Company

285 F.3d 268 · Court of Appeals for the Third Circuit · Apr 1, 2002

This initial termination letter was followed by an "official form letter" dated November 19, 1993 establishing the procedures for termination and renewals. … . 54 The District Court applied these general rules of statutory construction and agreed with the Bankruptcy Court's interpretation of the statute, noting that "[t]he plain and unambiguous language of subsection (e)... clearly

Primalfi Morales-Frometa v. Attorney General United States

Court of Appeals for the Third Circuit · May 5, 2020

. § 780-113(a)(30), qualified as an aggravated felony drug trafficking offense. See 8 U.S.C. § 1101(a)(43)(B). … Additionally, given the fact that Morales-Frometa had not established that his conviction has been vacated, the BIA rejected any reliance he placed on his pending state court post-conviction relief petition based on the

Lanning v. Southeastern Pennsylvania Transportation Authority

181 F.3d 478 · Court of Appeals for the Third Circuit · Jun 29, 1999

The findings of fact on job needs with respect to aerobic capacity are not clearly erroneous. … See Qualifying Standards (updated Oct. 15, 1998). http://www.indiana.edu/#A1#preschal/qualifying.html>.

Comfort Trane Air Conditioning Company v. The Trane Company, the Trane Company, Defendant-Third-Party Plaintiff-Cross-Appellant v. Comfort Trane Air Conditioning Company, Comfort Trane Service Company, Inc., Haswell Enterprises, Ltd. And Home Center Corporation, Third-Party Defendants-Cross-Appellees

592 F.2d 1373 · Court of Appeals for the Third Circuit · Apr 16, 1979

Cumberlands were not to play a role in the Home Comfort Center concept because these units were not consistent with the marketing program of selling top qualify products and service along with "professionalism", according … The evidence clearly shows that there was no Trane representative in attendance at the various meetings at which anticompetitive schemes were discussed.

Government Employees Insurance Company v. Benton, Ernest, in No. 88-1175. Benton, Ernest, in No. 88-1176 v. Government Employees Insurance Company

859 F.2d 1147 · Court of Appeals for the Third Circuit · Nov 7, 1988

If coverage became effective after October 1, then clearly the Financial Responsibility Law would govern. … This language clearly states that the application will serve as evidence of insurance coverage until the actual policy can fulfill this role.

Harris v. Reeves

946 F.2d 214 · Court of Appeals for the Third Circuit · Oct 31, 1991

In January 1984 the district court dismissed the action on res judicata, Eleventh Amendment, qualified immunity, and abstention grounds, in part because there was state court litigation concerning the constitutionality of … We are required to decide whether the District Attorney qualifies as an intervenor of right under Rule 24(a)(2), Fed.R.Civ.P., which provides: 71 (a) Intervention of Right.

Manning v. Temple University

157 F. App'x 509 · Court of Appeals for the Third Circuit · Dec 5, 2005

case of employment discrimination in hiring by showing “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his … In light of these cases, the procedure provided to Manning was clearly sufficient. Manning was given fair warning that she had been placed on probation and was in danger of dismissal.

Blackburn v. United Parcel Ser

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

This clearly fails to meet the standards we have outlined for reputation evidence under Rule 803(19). … This scintilla of evidence is clearly inadequate to create a genuine issue of material fact on UPS's proffered reason for firing Blackburn.

United States v. Khaled Miah

Court of Appeals for the Third Circuit · Sep 20, 2024

. § 1519. 4  Prior to trial, Miah moved to dismiss Counts Two, Three, Five and Seven of the indictment, claiming that the December 2020 tweets did not qualify as … When assessing the district court’s application of the Guidelines to a particular set of facts and if “th[ose] facts ‘fit’ within what the Guidelines prescribe,” we apply the deferential clearly erroneous standard of review