Case law

Versa v. Bifold Company

Court of Appeals for the Third Circuit · Feb 15, 1995

The district court was technically correct in stating that "[t]he fact that the source of the product is clearly designated on the product does not establish that plaintiff has failed to demonstrate a likelihood … conclude that the district court's contrary finding was clearly erroneous. 7.

United States v. Palma-Ruedas

121 F.3d 841 · Court of Appeals for the Third Circuit · Jul 30, 1997

Thus, we conclude that the district court properly determined that the fourteen-kilo cocaine deal qualified as “other crimes” evidence under Rule 404(b). … been established by the fourteen-kilo deal.

Dun & Bradstreet Software Services, Inc. Geac Computer Systems, Inc. v. Grace Consulting, Inc. Grace Maintenance Int. Anthony Ilutzi Geac Enterprise Solutions, Inc. F/k/a Geac Computer Systems, Inc., Dun & Bradstreet Software Services, Inc. Geac Computer Systems v. Grace Consulting, Inc. Grace Maintenance Anthony Ilutzi

307 F.3d 197 · Court of Appeals for the Third Circuit · Sep 24, 2002

restart purposes, to replace a worn copy, to understand the contents of such machine-readable materials..... 14 At trial, Geac's counsel conceded that "under the M & D license, we allowed customers and consultants that qualified … Jaslow Dental Lab., 797 F.2d 1222 , 1234 (3d Cir.1986). 34 To establish a claim of copyright infringement, a plaintiff must establish: (1) ownership of a valid copyright; and (2) unauthorized copying of original elements

Rudolph Karlo v. Pittsburgh Glass Works LLC

849 F.3d 61 · Court of Appeals for the Third Circuit · Jan 10, 2017

The forty-and-older line established in § 631(a) does not convert age into a binary trait. … Campion is qualified. We need not, then, address that issue. 14 Dr.

Roxalana Hills Ltd. v. Masonite Corp.

813 F.2d 1228 · Court of Appeals for the Third Circuit · Mar 3, 1987

813 F.2d 1228 Unpublished Disposition NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service … Pulaski Furniture Co., 297 S.E.2d 854 (W.Va.1982), and concluded that Star Furniture "fairly clearly indicates that a sudden calamitous event is required to support an action in strict liability in tort." 627 F.Supp. at 1196

Ederjunio Coelho Gomes v. Attorney General United States

Court of Appeals for the Third Circuit · Jul 1, 2020

But Petitioner does not explain why the drug exchange did not constitute a “transaction,” and he ignores the fact that exchanging GHB for cocaine clearly constitutes criminal activity. … To qualify for deferral of removal under CAT, a petitioner must prove “it is more likely than not that he [or she] will be subject to torture by, at the instigation of, or with the acquiescence of a public official.”

Ederjunio Coelho Gomes v. Attorney General United States

Court of Appeals for the Third Circuit · Jul 1, 2020

But Petitioner does not explain why the drug exchange did not constitute a “transaction,” and he ignores the fact that exchanging GHB for cocaine clearly constitutes criminal activity. … To qualify for deferral of removal under CAT, a petitioner must prove “it is more likely than not that he [or she] will be subject to torture by, at the instigation of, or with the acquiescence of a public official.”

Surace v. Caterpillar Inc

Court of Appeals for the Third Circuit · Apr 22, 1997

Specifically, Surace alleged that the back-up alarms were prone to "habituation," a phenomenon by which a person becomes immune to a particular stimulus through constant repetition and exposure, and that without a “lockout … While we have recognized that there is no set litmus test to qualify as an expert, see Hammond v.

Gloria McKinney v. Hackensack Meridian Health Inc

Court of Appeals for the Third Circuit · Oct 18, 2018

To establish a prima facie case, McKinney was required to show that (1) she belongs to a protected class; (2) she was qualified for the position she occupied; and (3) she was subject to an adverse employment action (4) … McKinney clearly believed that the closing shift was less desirable.

Cramer v. General Telephone & Electronics Corp.

582 F.2d 259 · Court of Appeals for the Third Circuit · Jul 18, 1978

Surely, such a transaction, if proved, would establish a prima facie injury to the corporation. … By incorporating this committee’s report, Cramer’s complaint clearly satisfies the specificity requirement of the first sentence of Rule 9(b).

United States v. Kenrick

241 F. App'x 10 · Court of Appeals for the Third Circuit · Aug 21, 2007

Notably, while “[t]he record must demonstrate the trial court gave meaningful consideration to the § 3553(a) factors,” it “need not discuss every argument made by a litigant if an argument is clearly without merit.” … Kenrick pled guilty to a violation of 18 U.S.C. § 2423(b), a qualifying offense under section 14135a(d)(1). 19 database for identification purposes, similar to its interest

Abramson v. William Paterson

Court of Appeals for the Third Circuit · Aug 3, 2001

Importantly, we qualified that statement with the following footnote: [The plaintiff need not] cast doubt on each proffered reason in a vacuum. … We hold that Abramson's termination clearly fulfills the second prong of the prima facie case for a retaliation claim.

Steven Schwartz v. Warden Fort Dix FCI

Court of Appeals for the Third Circuit · Jan 13, 2021

. § 2241, seeking to qualify for § 2255(e) safety valve relief. … 4 4 Furthermore, Schwartz’s argument in this regard concerns only his convictions for funds drawn from his own accounts, as Counts Eight through Ten in Case No. 03-cr-0035 were based on three forged checks, which are clearly

United States v. Cooper

Court of Appeals for the Third Circuit · Jan 5, 2005

Whether good works qualify as exceptional is evaluated with reference to the offender’s wealth and status in life. See id. at 80. … On the contrary, we explained that the decision to grant a downward departure was not clearly out of line with other then-existing reported cases. Id. (citing United States v.

In Re Global Industrial Technologies, Inc.

645 F.3d 201 · Court of Appeals for the Third Circuit · May 4, 2011

. § 524(g), a bankruptcy court may enjoin asbestos-related litigation against a debtor or qualifying third party and channel the claims into a settlement trust if the court determines (1) “the debtor is likely to be subject … Given the multitude of 4 In footnotes 20 and 23, the majority does not clearly articulate a position on whether the anti-assignment provisions of this Reorganization Plan constitute a contractual injury, given

Santa Fe Medical Services, Inc. v. Segal (In Re Segal)

57 F.3d 342 · Court of Appeals for the Third Circuit · Jun 16, 1995

Clearly under that version of the statute, the debt to Santa Fe would be dischargeable, regardless of its classification as an educational loan. … In the present case, there clearly was no educational loan "program"; rather there was the single loan made to Dr. Crowe.

Armann v. Warden FCI McKean

Court of Appeals for the Third Circuit · Nov 28, 2008

McCotter, 782 F.2d 143, 145 (10th Cir. 1986), for the principle that a military court’s summary denial can qualify as full and fair consideration. Armann, 2007 WL 1576407, at *7 n.2. … As the Government indicates, Watson did not establish full briefing by both sides as a prerequisite to satisfying Burns.

Robert Mator v. Wesco Distribution Inc

102 F.4th 172 · Court of Appeals for the Third Circuit · May 16, 2024

The Mators allege the fiduciary’s standard of care for negotiating and monitoring recordkeeping fees is “well established . . . based on [Department of Labor] guidelines, case law, and best practices as shared by retirement … But despite this error, the Court stated the correct “plausibility” standard numerous times and clearly applied it. App. 23; see also App. 17, 19, 20, 38, 39, 42, 48, 55.

Wei v. Atty Gen USA

Court of Appeals for the Third Circuit · Mar 3, 2006

Whether an applicant has demonstrated a well-founded fear of future persecution and qualifies for asylum, withholding of removal, or relief under CAT, is generally a factual determination, which this court will review under … establishing entitlement to asylum.

In Re: Diet Drugs v.

Court of Appeals for the Third Circuit · Jun 25, 2019

Under the applicable Matrix, this diagnosis qualified Browning for “Level II” benefits equaling $604,808. … An abuse of discretion “must rest on ‘a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.’” Id.