Case law

14 Fair empl.prac.cas. 897, 13 Empl. Prac. Dec. P 11,584 Dr. Ina Braden on Behalf of Herself and All Others Similarly Situated v. The University of Pittsburgh and Wesley W. Posvar

552 F.2d 948 · Court of Appeals for the Third Circuit · Mar 11, 1977

36 41 Also, it should be observed that the difficulties of drawing a line between state and private action are by now well-recognized. 37 This is so because the realms of the government and the private sector are not as clearly … (emphasis added) Both parties have stipulated that, for purposes of 11th Amendment state immunity, the University of Pittsburgh is not to be deemed a state agency. See 392 F.Supp. at 123 .

Planned Parenthood of Central New Jersey v. Farmer

220 F.3d 127 · Court of Appeals for the Third Circuit · Jul 26, 2000

He established a training program and teaches residents the full range of obstetric and gynecological care, including abortions. … Each physician was qualified to testify as an expert in obstetrics and gynecology, including abortion procedures, and did so during the hearing before the District Court. II.

James Friday v. Attorney General United States

Court of Appeals for the Third Circuit · Sep 28, 2018

In the absence of a stipulation, in 5 order to establish the restitution amount the Government would have to establish, by a preponderance of the evidence, “the actual … In other words, establishing the restitution amount requires the Government to undertake the intricate task of establishing the actual losses that flowed from the specific offenses for which the defendant was convicted.

Lowry v. Baltimore & Ohio Railroad

707 F.2d 721 · Court of Appeals for the Third Circuit · May 10, 1983

They argued that the value of their conversion option, and hence of their convertible debentures, would be reduced unless they were allowed to convert in time to qualify for the Mid-Allegheny dividend. … Because the B & O debentures were of considerably less value after the declaration of the MAC dividend, Judge Garth has concluded that the declaration of the dividend "is an action which clearly 'relates to' " that class

United States v. Glorious Shavers

693 F.3d 363 · Court of Appeals for the Third Circuit · Aug 27, 2012

All three subsections qualify the prohibited conduct by requiring that the defendant target testimony or evidence in an “official proceeding.” … state- court trial does not qualify as an ‘official proceeding.’”

Nanavati v. Burdette Tomlin Memorial Hospital

857 F.2d 96 · Court of Appeals for the Third Circuit · Aug 24, 1988

However silly the statement may be as a refutation of Meister’s judgment, the statement is clearly opinion. … We note that defendants have not raised, and we do not here address, the question whether the Hospital’s peer review actions were immune under the doctrine of Parker v.

27 Fair empl.prac.cas. 185, 27 Empl. Prac. Dec. P 32,201 Anna Sullivan v. Commonwealth of Pennsylvania Department of Labor and Industry, Bureau of Vocational Rehabilitation James Bonner, Assistant Director, Field Operations Anthony Renzi, Regional Administrator and John Nolan, District Administrator

663 F.2d 443 · Court of Appeals for the Third Circuit · Oct 26, 1981

Thus, we hold that to qualify for an award of attorneys' fees under section 706(k) for work done by counsel in connection with proceedings before the EEOC and in Title VII litigation in federal court, a plaintiff must satisfy … Clearly, if the parties choose to litigate, attorney's fees are available, under § 706(k), to the prevailing party.

Suber v. Chrysler Corporation

104 F.3d 578 · Court of Appeals for the Third Circuit · Jan 15, 1997

We have also held that "the record must clearly establish that after jurisdiction was challenged the plaintiff had an opportunity to present facts by affidavit or by deposition, or in an evidentiary hearing … Suber also relies on the NJCFA to establish subject matter jurisdiction.

Benjamin Post v. St Paul Travelers Ins Co

691 F.3d 500 · Court of Appeals for the Third Circuit · Jul 31, 2012

Williams stated the following: [W]hat clearly drove the settlement was the damage done during the testimony of Anne Marie Zimmerman regarding the document production issues raised during her testimony. … Zimmerman would likely invoke her Fifth Amendment right or testify under immunity, we absolutely disagree regarding your ability to rehabilitate.

In Re: Michael B. Price Christine R. Price, Debtors Michael B. Price Christine R. Price v. Delaware State Police Federal Credit Union U.S. Trustee, Trustee

370 F.3d 362 · Court of Appeals for the Third Circuit · Jun 3, 2004

Rice, 404 U.S. 244, 246 , 92 S.Ct. 402 , 30 L.Ed.2d 413 (1971). 7 Both parties make the argument that this case qualifies under the exception to the mootness doctrine for those cases that are capable of repetition and yet … The majority argues that these "letters from counsel, containing vague assertions as to the satisfaction of the Prices' loans, [do not] meet the heavy burden of establishing mootness."

Alexander v. RIGA

208 F.3d 419 · Court of Appeals for the Third Circuit · Mar 22, 2000

Generally, a party who does not clearly and specifically object to a charge he believes to be erroneous waives the issue on appeal. Id. … Though the Rigas maintain that the Alexanders had to show that they were fully qualified to rent the apartment ultimately, the Alexanders only needed to show that they were qualified to be applicants, to view the apartment

United States v. Keith Harris

Court of Appeals for the Third Circuit · Sep 13, 2019

If it is based on such knowledge, then the witness needs to be qualified as an expert. … That error, however, is clearly harmless.

In Re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

93 F. App'x 338 · Court of Appeals for the Third Circuit · Feb 23, 2004

The PTO in question extended certain deadlines established under the settlement. … In this case, the Settlement Agreement clearly provides equal compensation for similarly injured class members.

Igork Villegas v. Atty Gen USA

393 F. App'x 36 · Court of Appeals for the Third Circuit · Aug 27, 2010

On December 31, 2008, the BIA held that the petitioners did not qualify for withholding of removal, and vacated the IJ’s order granting relief. … The BIA found that the IJ’s credibility and factual determinations were not clearly erroneous, and went to hold that even if they were, the attempted kidnapping allegations would not rise to the level of past persecution

United States v. Reginald Lomax, Jr.

Court of Appeals for the Third Circuit · Aug 10, 2018

We ask only whether the court’s findings were clearly erroneous. See United States v. Perez, 280 F.3d 318, 336 (3d Cir. 2002). … Accordingly, § 780-113(a)(30) cannot qualify as an ACCA predicate.

Health Maintenance Organization of New Jersey, Inc. v. Whitman

72 F.3d 1123 · Court of Appeals for the Third Circuit · Dec 26, 1995

Section 8909(f)(1) clearly states that "[n]o tax, fee, or other monetary payment may be imposed . . ." … This result is clearly inconsistent with one of the statute's principal goals, and must be rejected.

United States v. King

Court of Appeals for the Third Circuit · Apr 14, 2005

That fact finder must be a jury unless a defendant waives his/her right to a jury trial. 4 established the substantive offense of felony tax evasion under 26 U.S.C. § 7201. … King clearly used dummy corporations and fictitious entities to evade paying taxes.

Corey Morris v. Administrator NJ State Prison

Court of Appeals for the Third Circuit · Apr 26, 2019

Counsel there represented that Morris qualified for an “extended term,” and that Morris’s “[m]aximum sentence if convicted,” “[i]ncluding extended term,” was 25 years’ imprisonment. Morris v. … In response to the question “Does the defendant qualify for an extended term?” counsel circled “yes.” D. Ct. Dkt. 18-1, at 51.

Seidman v. Office of Thrift Supervision, Department of the Treasury

37 F.3d 911 · Court of Appeals for the Third Circuit · Sep 13, 1994

While Seidman contends otherwise, the Director was clearly justified in concluding that Seidman benefitted from the release of his $4.5 million guarantee. … I am unwilling to fault the Director for reaching the same conclusion Crestmont’s management did when it established its rules. III. I would deny the petitions of Seidman and Bailey for review. .

Suzan McGary v. Williamsport Regional Medical

Court of Appeals for the Third Circuit · Jun 6, 2019

McGary relies on the preamble and Article V of the Bylaws to establish what she contends are her third-party beneficiary rights. … She argues that the phrase “other practitioners” is clearly intended to refer to applicants for surgical privileges.