Case law

Southern Christian Leadership Conference Of Alabama v. Sessions

56 F.3d 1281 · Court of Appeals for the Third Circuit · Jun 14, 1995

The 1865 Constitution required that "judges of the circuit and probate courts, and of such other inferior courts as may be by law established, shall be elected by the qualified electors of the respective counties, cities, … No. 417, 97th Cong., 2d Sess. 28-29 (1982), reprinted in, 1982 U.S.C.C.A.N. 177, 206-08). 4 92 Although the above framework is firmly established, the Supreme Court has not clearly delineated its application, particularly

United States v. Calvin Dye

Court of Appeals for the Third Circuit · Oct 22, 2010

.‖ After it was established that Jess might be willing to ―play‖ or ―kiss,‖ the discussion transitioned to when, where, and how the two could meet in person. … United States, 516 U.S. 137, 145 (1995), it is readily apparent that Dye’s conduct qualifies as at least one, if not all three.

Atlantic Coast Demolition & Recycling, Inc. v. Board of Chosen Freeholders

48 F.3d 701 · Court of Appeals for the Third Circuit · Feb 16, 1995

That fact did not, however, immunize from dormant Commerce Clause review its attempt to regulate the behavior of others in the market. … As a result, those regulations are not immune from review under the Commerce Clause. V.

Myrna Moore v. City Of Philadelphia

461 F.3d 331 · Court of Appeals for the Third Circuit · Aug 30, 2006

In evaluating whether actions are materially adverse, we must remain mindful that "it is important to separate significant from trivial harms" because "[a]n employee's decision to report discriminatory behavior cannot immunize … Filing a civil rights lawsuit is clearly protected conduct under Title VII, and in the circumstances of this case, retaliating against William for Michael's lawsuit might well be actionable. 11 William, however, points to

United States v. King

Court of Appeals for the Third Circuit · Apr 19, 2005

King clearly used dummy corporations and fictitious entities to evade paying taxes. … He also maintains that the District Court’s bias toward imprisonment tainted its analysis of the 4 The closest that U.S.S.G. § 2T1.1 comes to such a distinction is its use of the word “unusually” to qualify the

United States v. Cottman

Court of Appeals for the Third Circuit · Apr 21, 1998

Because his sentence placed him in Zone C, Cottman no longer qualified for a sentence of probation in lieu of imprisonment. See U.S.S.G. SS 5B1.1 & 5C1.1 (1995). … The preponderance of the evidence here clearly establishes that Cottman filled a "fencing" role, and thereby created a market for those who would steal cable boxes by force or stealth.

Ortiz v. Dodge

Court of Appeals for the Third Circuit · Oct 3, 1997

S 1613a(c) states: "The United Court of Appeals for the Third Circuit shall have jurisdiction of appeals from allfinal decisions of the district court on appeal from the courts established by local law." … Clearly, the appellate division did not "finally resolve" the question whether the execution sale should be set aside.

Berrier v. Simplicity Mfg Inc

Court of Appeals for the Third Circuit · Apr 21, 2009

The “electrical capacitor was intended to be accessed and used only by qualified electricians, and not general members of the public. … “must [only] establish that the product was unsafe for its intended user.”

Bendix Aviation Corp. v. Glass

195 F.2d 267 · Court of Appeals for the Third Circuit · Feb 19, 1952

The plaintiff opposed this motion, asserting among other things that the defendant's acts were qualified by a continuing assertion of both an interest in the invention and a right to compensation. … And with optimism concerning the results of their highly competent labors they add "This is afforded by amended Rule 54(b) which re-establishes an ancient policy with clarity and precision".

United States v. Reginald D. McGlory Melvin Hauser, Norman Gomez, A/K/A Chubbs, Roland Slade, Norma Jean Pruitt, Vira Kulkivit, A/K/A Wee, Yongyos Thauthong, Willie J. Purdom and Charles Cotton. Vira Kulkovit, United States of America v. Reginald D. McGlory Melvin Hauser, Norman Gomez, A/K/A Chubbs, Roland Slade, Norma Jean Pruitt, Vira Kulkivit, A/K/A Wee, Yongyos Thauthong, Willie J. Purdom and Charles Cotton. Melvin Hauser, United States of America v. Reginald D. McGlory Melvin Hauser, Norman Gomez, A/K/A Chubbs, Roland Slade, Norma Jean Pruitt, Vira Kulkivit, A/K/A Wee, Yongyos Thauthong, Willie J. Purdom and Charles Cotton. Reginald D. McGlory United States of America v. Reginald D. McGlory Melvin Hauser, Norman Gomez, A/K/A Chubbs, Roland Slade, Norma Jean Pruitt, Vira Kulkivit, A/K/A Wee, Yongyos Thauthong, Willie J. Purdom and Charles Cotton. Charles Cotton

968 F.2d 309 · Court of Appeals for the Third Circuit · Jun 19, 1992

We review the district court's finding of probable cause under the clearly erroneous standard. … establish the amount of narcotics involved in the conspiracy by a preponderance of the evidence.

United States v. Butler

405 F. App'x 652 · Court of Appeals for the Third Circuit · Dec 28, 2010

This case is clearly distinguishable from Coles. For one, Officer Cruz and his fellow officers were far less certain that criminal activity was occurring in the dwelling. … It is well-established that police do not necessarily have to identify themselves as police when they investigate criminal activity.

AS Goldmen & Co Inc v. NJ Bureau Securities

Court of Appeals for the Third Circuit · Jan 7, 1999

Goldmen has challenged a state provision that is an established strand in the legal fabric of securities regulation. … We are far too quick to allow New Jersey to proceed as though it had established a fraud it is not even alleging.

Harvey & Harvey, Inc. v. County of Chester

68 F.3d 788 · Court of Appeals for the Third Circuit · Oct 20, 1995

While Carbone clearly has broad application, it did not establish a per se rule subjecting all flow control ordinances to strict scrutiny. … Rather, it was attributable to the failure of any out-of-state disposal facility to bid on the contract, and the evidence clearly established that the procedures followed by the Authority in selecting a disposal site were

Appalachian States v. Secretary Energy

Court of Appeals for the Third Circuit · Aug 20, 1996

Nevertheless, this contract was in effect on January 1, 1993, the date by which a state had to be able to dispose of "all" LLRW to meet the fourth milestone and qualify for a rebate. … We therefore turn to the legislative history and purpose of the statute to determine whether they clearly reveal a contrary intent.

Gilbert Parks v. "Mr. Ford" D/B/A Ford's Speed Shop William Muldowney, Jr., on Behalf of Himself and All Others Similarly Situated v. International Cycles, Inc

556 F.2d 132 · Court of Appeals for the Third Circuit · Apr 4, 1977

Clearly there is facilitation of the sale and sanctioning of the result. 92 I do not rely on the necessary involvement of state officers in the lien foreclosure to establish state action in this case, however, for although … That deprivation is final even if in subsequent litigation the debtor establishes that the creditor's claims lacked merit.

Manuel Araujo v. Kraft Foods Global

387 F. App'x 212 · Court of Appeals for the Third Circuit · Jul 23, 2010

Procedural History Araujo filed this action on February 15, 2008, against the Kraft Committee in the District Court claiming that the SPD was misleading because it did not state clearly that an employee had to … In addition to claiming that his immigrant status can establish an extraordinary circumstance, Araujo asserts that Kraft engaged in inequitable conduct that establishes an extraordinary circumstance.

Suketu H. Nanavati, M.D., in 86-5778 v. Burdette Tomlin Memorial Hospital, and Executive Committee of the Medical Staff of Burdette Tomlin Memorial Hospital and Robert J. Sorensen, in 86-5819. Robert J. Sorensen, M.D. v. Suketu H. Nanavati, M.D

857 F.2d 96 · Court of Appeals for the Third Circuit · Sep 26, 1988

Then, only three weeks after his arrival, Nanavati launched a verbal attack upon Sorensen at a staff meeting, demanding to know why an "inferior[ly] qualified" physician should control the EKG readings. … It does not serve the purpose of circumventing the established procedures for amending complaints or joining new parties. See Cole v. Schenley Industries, 563 F.2d 35 (2d Cir.1977).

United States v. Rosero

42 F.3d 166 · Court of Appeals for the Third Circuit · Nov 29, 1994

As we have attempted to show, a vessel can so qualify if it is stateless under international law. … Without a clearly articulated objection, a trial judge is not apprised sufficiently of the contested issue and the need to cure a potential error to avoid a new trial.

United States v. Neadle

72 F.3d 1104 · Court of Appeals for the Third Circuit · Dec 19, 1995

Section 1B1.3(a) establishes several important interpretive rules. … An insurance company, once qualified, is not required to keep the full $700,000 as part of its capital structure.

In Re General Motors Corp. Pick-Up Truck Fuel Tank Products Liability Litigation

55 F.3d 768 · Court of Appeals for the Third Circuit · Apr 17, 1995

In sum, settlement classes clearly offer substantial benefits. … The first criterion is no problem, for these counsel clearly possess the experience and skills to qualify them to pursue these sorts of actions.