Case law

Engage Healthcare Comm LLC v. Intellisphere LLC

Court of Appeals for the Third Circuit · Nov 20, 2019

“In order to qualify for Lanham Act protection, a mark must either be suggestive, arbitrary, or fanciful, or must be descriptive with a demonstration of secondary meaning. . . . … If we hold a term arbitrary or suggestive, we treat it as distinctive, and it automatically qualifies for trademark protection at least in those geographic and product areas in which the senior user applies

Caruso v. Commissioner of Social Security

99 F. App'x 376 · Court of Appeals for the Third Circuit · May 19, 2004

Once more, we disagree. 6 To be sure, Caruso clearly has some pain as she has spasms. … Apfel: [t]he grids establish, for exertional impairments only, that jobs exist in the national economy that people with those impairments can perform.

James J. Nicholson v. Cpc International Inc., a Corporation, and James R. Eiszner

877 F.2d 221 · Court of Appeals for the Third Circuit · Jul 10, 1989

Second, the rationales underlying Barrentine are either undercut by Shearson or clearly distinguishable from this case. … The arbitration agreement does not immunize CPC from EEOC’s exercise of its enforcement obligations.

Ruefenacht v. O'halloran

737 F.2d 320 · Court of Appeals for the Third Circuit · Jun 11, 1984

Novel, uncommon, or irregular devices, whatever they appear to be, are also reached if it be proved as [a] matter of fact that they were widely offered or dealt in under terms or courses of dealing which established their … The Court’s analysis was clearly not intended to, and did not, apply the Howey test to stock.

United States v. Brown

Court of Appeals for the Third Circuit · Jun 21, 2001

First, the court held that the two declarants' observation of a man wielding a firear m qualified as a startling occasion. … Significantly, Brown all but concedes this point in his brief: "On it's [sic] face, a man waving a gun and threatening to shoot people would appear to qualify."

Orvosh v. Program of Group Insurance for Salaried Employees of Volkswagen of America, Inc.

222 F.3d 123 · Court of Appeals for the Third Circuit · Jul 28, 2000

He asserts that, under the plain language of the Plan, once long term disability benefits are established, _________________________________________________________________ 8. … Krause did qualify his conclusions by stating that Orvosh's chest discomfort and dyspnea were more likely related to pulmonary disease and his thoracotomy rather than his coronary heart disease, and Krause recommended that

United States v. Redding

740 F.2d 1282 · Court of Appeals for the Third Circuit · Sep 11, 1984

Secs. 891-896 , establishes as federal crimes several types of extortionate credit transactions. … This part of the charge clearly separates proof of the conspiracy from proof of each defendant's participation in the conspiracy, as in United States v.

Guiping Zheng v. Attorney General United States

Court of Appeals for the Third Circuit · Jan 7, 2019

Evidence at trial established Zheng had sexually abused a ten- year-old minor referred to as Jane Doe since Doe was six years old. Id. … When the BIA intends to disturb findings of fact on the grounds that they are clearly erroneous, it must “apply the clearly erroneous standard in such a way that reviewing courts understand that standard to be in play.”

Gale v. Vaughn

83 F. App'x 472 · Court of Appeals for the Third Circuit · Dec 18, 2003

The District Court also noted that in reviewing Gale’s second PCRA petition the Pennsylvania Superior Court further determined that “Gale failed to allege let alone establish any lawful excuse for its untimely filing under … Id. at 166, 168; see id. at 168 (“Once the Pennsylvania court has so decided [that a petition is untimely and does not qualify for any of the exceptions], it would be an undue interference for a federal district court to

Director OWCP v. Sun Ship Inc

Court of Appeals for the Third Circuit · Jul 29, 1998

It is difficult to imagine how Congress could have more clearly established the Board's deadline for acting. Congress decreed that the Board must act "before September 12th." In United States v. … The Special Fund was established in 1927 with the enactment of the LHWCA. It was created by 33 U.S.C.

Vela-Arevalo v. Attorney General of the United States

399 F. App'x 700 · Court of Appeals for the Third Circuit · Nov 2, 2010

The IJ found that Vela-Arevalo had not established that any persecution had occurred, either as a result of his having witnessed the murders of his friends or on account of the gang recruitment efforts. … Holder, 559 F.3d 157, 163 (3d Cir. 2009) (finding issue exhausted where alien had clearly identified issue in his notice of appeal to BIA).

Lesko v. Owens

881 F.2d 44 · Court of Appeals for the Third Circuit · Sep 1, 1989

Clearly, at the heart of petitioner's complaint is a challenge to a state court evidentiary ruling. … The confessions of both Lesko and Travaglia, which were read to the jury in question and answer form in a dialogue between the prosecutors and police officers on the witness stand, clearly establish the motive to kill Officer

United States v. Herrington

187 F. App'x 140 · Court of Appeals for the Third Circuit · Jul 14, 2006

For instance, a term of imprisonment imposed for an assimilated crime may not exceed the maximum term established by state law. United States v. … Thus, the structure of the applicable portion of the Code clearly distinguishes between a sentence of probation and a sentence of imprisonment.

Evans v. Buchanan

555 F.2d 373 · Court of Appeals for the Third Circuit · May 18, 1977

the New Board shall be a member of either the present Alfred I. duPont, Mount Pleasant or Claymont School Boards; and that the members of the New Board so appointed shall serve until their successors are selected and duly qualified … He clearly would not be compelled to rehear evidence already in the record. Cf. Group Assoc. Plans, Inc. v.

United States v. Lloyd Odin Lawson

337 F.2d 800 · Court of Appeals for the Third Circuit · Oct 20, 1964

Neither was it a necessary ingredient in the establishment of the Government’s case against the appellant. The Trial Judge correctly denied the appellant’s motion. … The Selective Service Act clearly prescribes that the employment shall be that which the local board deems appropriate, when it stated: “ ~ * * Any person claiming exemption from combatant training and service because of

Linda Merritt v.

702 F. App'x 90 · Court of Appeals for the Third Circuit · Aug 4, 2017

As for Merritt’s fraud claim, the Bankruptcy Court clearly stated on the record that it had not been misled by PNC’s redactions of the note and mortgage, and the District Court observed that it did not believe that the … The “holder” of a note— the individual or entity “in possession of the note where the note is payable to the person or is payable to the bearer”—is qualified to enforce the note. Id.; Hoffman v.

Roe v. Casey

623 F.2d 829 · Court of Appeals for the Third Circuit · May 21, 1980

In addition, they argue that established canons of statutory construction counsel against finding that a substantive statute has been repealed by an appropriations act. … Pennhurst, 612 F.2d 84 (3d Cir. 1979) (en banc). 8 In order to qualify for funding under Title XIX, a state must provide at least five basic services to individuals who meet various income requirements. 42 U.S.C. § 1396a(

Mendes v. Comm Social Security

105 F. App'x 347 · Court of Appeals for the Third Circuit · Jul 14, 2004

She dismissed the chiropractor's evidence because it did not qualify as medical evidence. … This is most unfortunate as, the record clearly demonstrates that at the present time Ms. Mendes's condition meets the requirements for disability."

Blackburn v. Irvine

205 F. 217 · Court of Appeals for the Third Circuit · Apr 23, 1913

On the present writ of error, we assume this to be true; but it does not alter the fact that since 1896 he, and no one else, has appeared on the books of the *219 railroad company as an individual stockholder without qualifying … within its right in providing that a foreign defendant in such a dispute might be served by publication in accordance with established practice.

Chidi Ezeobi v. Warden Fairton FCI

Court of Appeals for the Third Circuit · Jul 22, 2019

until May 2011, Ezeobi had qualified for early deportation to Nigeria. He was set to be voluntarily deported later that August. … custody subject to the provisional arrest warrant of the United States”); SA 70 (internal email confirming the same). 5  [a] prisoner in custody under sentence of a court established