Case law

Lukens Steel Company v. Klutznick

629 F.2d 881 · Court of Appeals for the Third Circuit · Aug 19, 1980

EDA, pursuant to its authority and with funds provided by PWEDA, thereupon established a "special program to guarantee loans and leases financed by private lending institutions to firms in the basic steel industry." … assistance it seeks from EDA is not available from other sources, whether private lenders or other federal agencies. 42 U.S.C. § 3142 (b)(4). 3 EDA reiterated this requirement in the Steel Industry Lending Guidelines. 5 To qualify

Dardovitch v. Haltzman

190 F.3d 125 · Court of Appeals for the Third Circuit · Sep 7, 1999

It then granted partial summary judgment in favor of Dardovitch, concluding that he was clearly a beneficiary, and ordered an accounting. See Dist. Ct. Order, App. at 812-19. … "Although the court will consider that the executor acted upon the advice of counsel in determining whether he acted in good faith, this does not provide the executor with complete immunity to a surcharge."

United States v. Deron Howell

Court of Appeals for the Third Circuit · Jul 27, 2021

Howell contends this instruction was erroneous because neither of those crimes qualify as crimes of violence. … Reviewing under plain error, we concluded that the defendants’ substantial rights were not violated by the instruction on the invalid theory “because the evidence at trial clearly established [defendants’] actual, as opposed

Shaner v. Synthes (United States)

Court of Appeals for the Third Circuit · Mar 2, 2000

Only if conduct which is extreme or clearly outrageous is established will a claim be proven." Id. at 753-54. … We will assume that conduct which is intended to cause a worsening of a disabled person's physical symptoms may qualify as "extreme or clearly outrageous."

Petition of Leo Robert Forcella for a Writ of Habeas Corpus, Leo Robert Forcella

371 F.2d 37 · Court of Appeals for the Third Circuit · Jan 17, 1967

The judge from the bench once more detailed the sine qua non in order to qualify for service on the jury saying: “Q. … The second instance affirmatively establishes that talesman No. 151, once he understood his duty as juror, completely accepted his responsibility to act in accordance therewith.

Simmons v. Beyer

Court of Appeals for the Third Circuit · Jan 4, 1995

"[I]t is a well-established principle of federalism that a state decision resting on an adequate foundation of state substantive law is immune from review in the federal courts," Wainwright v. … Here, the Appellate Division's judgment on Simmons' state Gilmore claim was clearly "independent" of his federal Batson claim.

United States v. Deron Howell

Court of Appeals for the Third Circuit · Jul 27, 2021

Howell contends this instruction was erroneous because neither of those crimes qualify as crimes of violence. … Reviewing under plain error, we concluded that the defendants’ substantial rights were not violated by the instruction on the invalid theory “because the evidence at trial clearly established [defendants’] actual, as opposed

North River Insurance v. Cigna Reinsurance Co.

52 F.3d 1194 · Court of Appeals for the Third Circuit · Apr 13, 1995

Under the terms of the original policy, the arbitrator found the exclusion for costs was qualified by the consent provision. … We do not believe this testimony establishes bad faith.

Duquesne Light Holdings Inc v. Commissioner of Internal Reven

861 F.3d 396 · Court of Appeals for the Third Circuit · Jun 29, 2017

And the text of § 1.337(d)-2T does not clearly allow in the future losses already taken on consolidated returns. … Paragraph (c)(2) qualifies this rule by stating that the “[l]oss is not disallowed under paragraph (a)(1) of this section . . . to the extent the taxpayer establishes that the loss or basis is not attributable to the recognition

United States v. Lianidis

599 F.3d 273 · Court of Appeals for the Third Circuit · Mar 19, 2010

The example clearly directs courts to consider the profit made on the illegally obtained contract. … First, the District Court did not clearly err in determining which costs incurred by DMS were directly attributable to its ill-gotten contracts.

Bethenergy Mines v. Off. Wrkrs' Comp. Prog.

Court of Appeals for the Third Circuit · Nov 15, 1994

invoking the interim presumption based on the evidence of several positive x-ray readings, the ALJ applied a now- discredited theory which allowed invocation of the interim presumption to be based upon a single piece of qualifying … did not have a totally disabling pulmonary or respiratory impairment was clearly contrary to law.

Rodney Tyger v. Precision Drilling Corp

Court of Appeals for the Third Circuit · Oct 26, 2020

Such cases are clearly distinguishable from this case. … Unlike in the toxic tort context, the FLSA integral and indispensable inquiry does not require that Plaintiffs establish a causal link between occupational hazards and medical harm.

Stephen P. Lasser v. Reliance Standard Life Insurance Company

344 F.3d 381 · Court of Appeals for the Third Circuit · Sep 18, 2003

Lasser did not qualify for disability benefits, we first determine what is his "regular occupation," as the Policy leaves this term undefined. Reliance argues that "regular occupation" is broad, indeed generic. … Lasser was told not to perform; and (d) neither stress nor future disabilities could establish Dr.

Nos. 79-1893, 79-1894

631 F.2d 1094 · Court of Appeals for the Third Circuit · Aug 1, 1980

The prior regulation, however, clearly supported Westinghouse's position. … Title VII guarantees that qualified female employees will have access to all jobs, and the Equal Pay Act assures that men and women performing the same work will be paid equally.

United States v. John Gunther

Court of Appeals for the Third Circuit · Oct 16, 2023

Clearly, the statute is concerned with the total weight of the substance, not just the weight of the pure drug it contains. Chapman v. United States, 500 U.S. 453, 460 (1991). … Ann. §. 2C:12- 1(b)(1) did not qualify as a predicate under the Sentencing Guidelines. Suppl. App. 225– 27. We have since clarified that it does qualify. See United States v. Brasby, 61 F.4th 127, 142 (3d Cir. 2023).

United States v. Streeval

70 F. App'x 646 · Court of Appeals for the Third Circuit · Jul 21, 2003

As a consequence, Streeval’s claim that the evidence does not qualify under the business records exception to the hearsay rule is irrelevant. … Accordingly, we conclude Streeval has not demonstrated the District Court’s findings were clearly erroneous. C.

Kestutis Eidukonis v. Southeastern Pennsylvania Transportation Authority

873 F.2d 688 · Court of Appeals for the Third Circuit · May 31, 1989

Obviously, any request to serve during a national emergency would be in the same position. 25 We also agree with Lee and Gulf States that the training duty does not have to be "required" to qualify an employee for the benefits … This factual finding is not clearly erroneous. Indeed, it is supported by statements made by SEPTA's representatives at trial.

Francis v. Reno

Court of Appeals for the Third Circuit · Oct 16, 2001

He argues that the offense is a misdemeanor under Pennsylvania law and therefore cannot qualify as a felony for purposes of the INA. … The court found that the government must establish recklessness or criminal negligence. Id.

United States v. Continental Group, Inc., in No. 78-2328. United States v. Chase Bag Company, in No. 78-2330. United States v. Cooper, James K., in No. 78-2331. United States v. Rue, Harrison B., in No. 78-2332

603 F.2d 444 · Court of Appeals for the Third Circuit · Aug 28, 1979

Clearly, it is not sufficient for the government to prove that the defendants agreed to do something; agreement itself is not illegal. … This instruction rendered the indictment and the government's theory of the case irrelevant 5 These include (A) appellants' joint contention that the district court erred in refusing to direct the government to immunize William

IN RE: Unisys Svgs. Plan Litigation v. Unisys Corp.

74 F.3d 420 · Court of Appeals for the Third Circuit · Jan 4, 1996

I don’t know how to answer that clearly, but what was done was we relied on Murray’s staff, also. It was conducted at his office. … Her circumstance was clearly broader than her inquiry”. Id. at 1302-03.