Case law

Manufacturers Association of Tri-County, Appleton Papers, Inc., Shenango Incorporated, International Metals Reclamation Company, Inc., Ellwood City Forge Corporation, and McDanel Refractory Company, in No. 86- 5066 v. James W. Knepper, Jr., Secretary of the Department of Labor and Industry, the Pennsylvania Department of Labor and Industry, and the Commonwealth of Pennsylvania. Pennsylvania Foundrymen's Association, Manufacturers Association of Erie, Manufacturers Association of York, Pennsylvania Drycleaners and Launderers Association, American Mushroom Institute, Donsco, Inc., Reading Gray Iron Castings, Inc., Washington Mold Company, Confer, Smith and Company, Inc., Unicast Company, and the Hospital Association of Pennsylvania, in No. 86-5066 v. James W. Knepper, Jr., Individually and in His Official Capacity as Secretary of Labor and Industry for the Commonwealth of Pennsylvania, Herbert Thieme, Individually and in His Official Capacity as Deputy Secretary and Administration of the Department of Labor and Industry Pennsylvania American Federation of Labor-Congress of Industrial Organizations, Council 13, American Federation of State County and Municipal Employees, Pennsylvania Chapter of the Sierra Club, Delaware Valley Council for Clean Air, Philadelphia Area Project on Occupational Safety and Health, United Mine Workers of America, Local 22 of the International Association of Fire Fighters, International Association of Molders and Allied Workers, Pennsylvania Public Interest Coalition and League of Conservation Voters, Intervenors, in No. 86-5032

801 F.2d 130 · Court of Appeals for the Third Circuit · Sep 12, 1986

Those general rules establish a presumption of severability. See 1 Pa.Cons.Stat.Ann. Sec. 1925 (Purdon Supp.1986). B. … The subsection is qualified, however, by the provision that "[n]otwithstanding the above, any MSDS which contains the information requested in paragraphs (1) and (2), and which otherwise contains the information required

Reedy v. Borough of Collingswood

204 F. App'x 110 · Court of Appeals for the Third Circuit · Nov 7, 2006

Plaintiffs acknowledge that their duplexes qualify as pre-existing uses. Plaintiffs filed an eight-count Complaint seeking monetary damages and injunctive relief. … Factual determinations made as a prerequisite to the issuance of an injunction are reviewed under the clearly erroneous standard, and are upheld unless a finding of fact “‘is completely devoid of a credible evidentiary

Xiu Cai Li v. Attorney General

254 F. App'x 924 · Court of Appeals for the Third Circuit · Nov 13, 2007

By order dated June 19, 2006, the BIA adopted and affirmed the IJ’s decision, found that the adverse credibility determination was not clearly erroneous, and dismissed the appeal. … To be eligible for withholding of removal, the applicant must establish a “clear probability” that his or her life or freedom would be threatened in the proposed country of removal. He Chun Chen v.

Linas Vaitkus v. Attorney General United State

655 F. App'x 118 · Court of Appeals for the Third Circuit · Jul 6, 2016

The BIA held that Vaitkus’s proposed groups “lack the requisite social distinction or particularity to qualify as a cognizable particular social group for purposes of establishing eligibility for refugee relief” because the … To qualify for withholding of removal, an applicant bears the more onerous burden of establishing a “clear probability” that his or her life or freedom would be threatened if returned to the country of removal on account

Bhawra v. Atty Gen USA

224 F. App'x 166 · Court of Appeals for the Third Circuit · Feb 27, 2007

Convention Against Torture To qualify for CAT protection, an alien “bears the burden of establishing ‘that it is more likely than not that he or she would be tortured if removed to the proposed country of removal … the CAT need not establish that . . . torture is inflicted ‘on account of’ any protected status.”

Patel v. Sun Company, Inc.

Court of Appeals for the Third Circuit · Aug 21, 1995

agreement also clearly stated that the underlying lease "might expire or non expiration of the initial term or any renewal option thereof." … At a m unique circumstances presented here establish fair grounds for litigation an the issuance of a preliminary injunction.

Nesbit v. Gears Unlimited Inc

Court of Appeals for the Third Circuit · Oct 21, 2003

If Winters is hiring, either Vaughn Sr. or his wife will invite qualified applicants for an interview. … Da Silva, 229 F.3d at 363 (suggesting this as a situation “[l]ess clearly placed on one side of the jurisdiction/merits line”).

National Medical Advisory Services, Inc., a Delaware Corporation Medical Cost Reduction Systems, Inc., a Delaware Corporation Medical Claims Review Services, Inc. v. Earl J. Kolb, M.D., and Rosemary Kolb Francis P. Murphy v. Ronald E. Gots Barbara A. Gots Thomas McCarthy John Madigan Consultec, Inc. Workers' Compensation Fund, State of West Virginia, Third Party National Medical Advisory Services, Inc., a Delaware Corporation Medical Cost Reduction Systems, Inc., a Delaware Corporation Medical Claims Review Services, Inc. v. Earl J. Kolb, M.D., and Rosemary Kolb Francis P. Murphy v. Ronald E. Gots Barbara A. Gots Thomas McCarthy John Madigan Consultec, Inc. Workers' Compensation Fund, State of West Virginia, Third Party

887 F.2d 1080 · Court of Appeals for the Third Circuit · Sep 29, 1989

Sec. 101 , 4 the proposal qualifies as a material object in which the work was embodied in a sufficiently permanent form to allow it to be perceived. See Walker v. … The district court's finding that the proposal prepared by use of the MCC/UR program was a copy is not clearly erroneous.

Cowgill, Stella, of the Estate of George Cowgill, Deceased and Individually v. Raymark Industries, Inc. H.K. Porter Company, Inc. Pacor, Inc. Eagle-Picher Industries, J.P. Stevens & Company, Garlock, Inc., Precision Seal Division, Southern Textile Company, Armstrong World Industries, Inc., Nicolet, Inc., Keene Corporation, Owens-Illinois Glass Company, Celotex Corporation, Gaf Corporation, Fibreboard Corporation, Owens-Corning Fiberglas Corporation, Forty-Eight Insulation, Inc. Pittsburgh Corning Corporation, C.E. Refractories v. Porter Hayden, Co., Lafavorite Rubber Mfg. Co. Appeal of Stella Cowgill

832 F.2d 798 · Court of Appeals for the Third Circuit · Nov 6, 1987

Cowgill had received information no later than April 30, 1980 "sufficient to establish that he knew or should have known that he had an asbestos-related injury." App. at 642. … The Court of Appeals again reversed, holding: 33 The law of the case controls unless the first decision is clearly erroneous and would result in manifest injustice, there has been an intervening change in the law, or the

United States v. Lopez

271 F.3d 472 · Court of Appeals for the Third Circuit · Oct 24, 2001

The evidence here clearly establishes 19 that it was. … Clearly, the jury could have rationally found that the government established that Crispin "had, possessed, bor[e], transported, or carried" the firearm beyond a reasonable doubt.

Pemberthy v. Beyer

19 F.3d 857 · Court of Appeals for the Third Circuit · Mar 16, 1994

After finding that Pemberthy and Moneada had made out a prima facie case, the district court held that the state had failed to establish a legitimate justification for its peremptory challenges. … In light of this analysis, we do not think that a classification based on the ability to speak a foreign language can qualify' for “strict” or “heightened” review.

Ortiz v. City of Philadelphia Office of the City Commissioners Voter Registration Division

28 F.3d 306 · Court of Appeals for the Third Circuit · Jun 15, 1994

None of these findings of fact were clearly erroneous. … Clearly, that stat contains a mistake.

Michael Daugherty v. Joel Adams

Court of Appeals for the Third Circuit · Aug 30, 2022

The District Court’s decision at summary judgment turned on whether LabMD could establish that it was harmed by Boback’s statements. … Pa. 1993) (“An expert’s affidavit … is eligible for summary judgment consideration if the affiant would be qualified to give the expert opinion at trial.”).

Roman Moldavchuk v. Attorney General United States

Court of Appeals for the Third Circuit · Dec 4, 2017

The BIA concluded that: (1) the motion was untimely; (2) Moldavchuk did not qualify for equitable tolling of the deadline based on his ineffective assistance of counsel claim because he did not show that he exercised due … However, the BIA’s decision to decline sua sponte reopen proceedings is “committed to its unfettered discretion” and is virtually immune from judicial review. Calle-Vujiles v.

Dunn v. HOVIC

1 F.3d 1371 · Court of Appeals for the Third Circuit · Jul 27, 1993

In his opinion, that article “established] that the general medical community was aware of the fact that asbestos caused cancer.” App. at 233. … The district court’s charge that the jury only award punitive damages if “plaintiff has clearly and convincingly established that the action of defendant which caused injury to the plaintiff was wanton and reckless,” App.

St. Francis Medical Center v. Shalala

32 F.3d 805 · Court of Appeals for the Third Circuit · Aug 5, 1994

If the "Salfi-Ringer line" controls, the decision of the district court dismissing SFMC's complaint was clearly correct. In Weinberger v. … This regulation permitted carriers to establish separate prevailing charges for specialists and nonspecialists performing the same services.

Singletary v. Pennsylvania Department of Corrections

266 F.3d 186 · Court of Appeals for the Third Circuit · Sep 21, 2001

1999, the District Court granted this motion in part by dismissing Singletary's S 1983 claims against these defendants on Eleventh Amendment grounds, but denied their motion to dismiss the pendent state claims on sovereign immunity … Moore, Moore's Federal Practice S 15.19[3][c], at 15-88 to 15-89 (3d ed. 2001) ("Legal counsel shared by the original and new defendants is not sufficient to establish an identity of interest."

P. Dougherty Co. v. United States. P. Dougherty Co. v. United States

207 F.2d 626 · Court of Appeals for the Third Circuit · Sep 30, 1953

the view that public policy requires that the United States should not be liable for any 'fault' or tort of the Coast Guard in the field of 'rescue' operations. 13 67 The application of the doctrine of Coast Guard vessel immunity … Certainly, the findings, made by the district court, underlying those conclusions are not so wrong as to be clearly erroneous.

22 Fair empl.prac.cas. 638, 22 Empl. Prac. Dec. P 30,803 John Sikora, Otto Kalmbach, Frederick Meyer, Vladimir Honeiser v. American Can Company, a Corporation Organized and Existing Under the Laws of the State of New Jersey and Authorized to Do Business in New Jersey

622 F.2d 1116 · Court of Appeals for the Third Circuit · Mar 31, 1980

The Supreme Court held in McMann that a plan established before passage of the Act in 1967 was not a subterfuge. … has established.

Shao Chen v. Attorney General of the United States

697 F. App'x 755 · Court of Appeals for the Third Circuit · Jun 22, 2017

He excises the allegedly supportive language from a broader passage of J- H-S- that in fact emphasizes the fluidity of the Board’s evidentiary assessment: an alien “may qualify as a refugee if the evidence presented establishes … J-H-S- clearly contemplated an individualized inquiry into many factors of an alien’s case, beyond simple geography.