Case law

Rogers v. American Can Co.

305 F.2d 297 · Court of Appeals for the Third Circuit · Jun 15, 1962

There remains the Court’s objection to the suit on the procedural ground that the remedy of a stockholder seeking to enforce rights of his corporation was clearly an equitable action and not one enforceable at law. … each case and the rule must be applied practically and flexibly to the end that while corporations and their officials are to receive reasonable measures of protection against strike suits, they are not to be substantially immunized

Homar v. Gilbert

89 F.3d 1009 · Court of Appeals for the Third Circuit · Jul 18, 1996

(qualified immunity) (stressing flexibility of standard regarding necessity of pre-deprivation hearing where prison guard was suspended *1025 without pay upon his arrest), cert. denied, 506 U.S. 832 , 113 S.Ct. 98 , 121 L.Ed … The appropriateness of summary judgment as to Homar’s substantive due process claim requires consideration of what Homar must show to establish a substantive due process violation.

Fed. Sec. L. Rep. P 91,514 Max A. Ruefenacht v. Christopher J. O'halloran, Joachim K. Birkle and Continental Import & Export, Inc., and W. George Gould. Christopher J. O'halloran, Third-Party v. W. George Gould, Esq., Third-Party W. George Gould, Third-Party v. David Bernstein, Autobern Trading Co., Inc., Ernest Stoecklin, Lenzenhof Gmbh, Third-Party Appeal of Max A. Ruefenacht

737 F.2d 320 · Court of Appeals for the Third Circuit · Jun 11, 1984

Novel, uncommon, or irregular devices, whatever they appear to be, are also reached if it be proved as [a] matter of fact that they were widely offered or dealt in under terms or courses of dealing which established their … The Court's analysis was clearly not intended to, and did not, apply the Howey test to stock.

Doe v. PA Bd Probation

Court of Appeals for the Third Circuit · Jan 23, 2008

This section’s potential rights-creating language does not qualify as the “unambiguous confer[ral]” of rights required under Gonzaga. … The parties to this Compact have set forth their intentions quite clearly: It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action

Bhatnagar v. Surrendra Overseas Ltd.

52 F.3d 1220 · Court of Appeals for the Third Circuit · Apr 17, 1995

Yet the Court qualified this statement: In rare circumstances, however, where the remedy offered by the other forum is clearly unsatisfactory, the other forum may not be an adequate … We do not believe this ruling was clearly erroneous.

Jasmine Young v. Philadelphia Police Department

651 F. App'x 90 · Court of Appeals for the Third Circuit · Jun 3, 2016

If the Supreme Court intended to end the use of burden shifting in retaliation claims, “it would have spoken plainly and clearly to that effect.” Id. (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 563 (2007)). … Second, the demerits Young received after making her complaint and her ultimate termination both qualify as materially adverse employment actions because they are the type of actions that “well might have dissuaded a reasonable

United States v. Alonzo Harris

Court of Appeals for the Third Circuit · Jan 10, 1995

Phaser Mace is thus clearly reported in its promotional literature to be incapable of causing death. … The court of appeals held that this finding was not clearly erroneous.

United States v. Walker

392 F. App'x 919 · Court of Appeals for the Third Circuit · Aug 30, 2010

As that is exactly what the District Court qualified Lewis to discuss, we readily affirm the admission of his expert testimony. … procedural error, such as failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the [18 U.S.C.] § 3553(a) factors, selecting a sentence based on clearly

United States v. Holman

Court of Appeals for the Third Circuit · Feb 23, 1999

So, in 1986, Congress passed the Anti-Drug Abuse Act, which established enhanced sentences for offenses involving "cocaine base." … He testified that, based on their testimony and his experience, 6 the particular item referred to as being cocaine base would qualify as "crack" on the street.

Edwin Peraza v. Attorney General United States

Court of Appeals for the Third Circuit · Jul 12, 2019

Gonzales, 480 F.3d 160, 167-68 (2d Cir. 2007) (“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous . . . . … Despite Peraza’s qualifiers of “youth” and “lacking familial protection,” his proposed group still lacks particularity and social distinction. See, e.g., Mayorga-Vidal v.

Schulz v. United States Boxing Ass'n

105 F.3d 127 · Court of Appeals for the Third Circuit · Jan 24, 1997

In considering the first prong, we observe that Schulz's status in the boxing community, as well as his public reputation, were clearly affected by the IBF's decision not to disqualify Botha. … determination that the operation of bioanalytical laboratories by qualified non-doctors, as well as by physicians, is in the public interest."); see also Desai v.

ACM Partnership v. Commissioner IRS (Part II)

157 F.3d 231 · Court of Appeals for the Third Circuit · Oct 13, 1998

The notes, which in order to qualify for treatment in a contingent installment sale could not be traded on an established market, see I.R.C. … Here, the sales of the Citicorp Notes for cash and LIBOR Notes were clearly "legitimate" sales in the nontax sense.

Acierno v. New Castle Co.

Court of Appeals for the Third Circuit · Nov 10, 1994

Acierno did not establish a non- conforming commercial use within the three- year period provided for in Section 23-6(c), he is no longer entitled to establish any commercial use except … The district court's finding that intervening commercial development might reduce the feasibility of Acierno's development is clearly erroneous.12 12 .

United States v. Cory Foster

Court of Appeals for the Third Circuit · May 23, 2018

An opinion only qualifies as helpful under Rule 701(b) “if it aids or clarifies an issue that the jury would not otherwise be as competent to understand.” United States v. … “Such an error requires a defendant to establish that the trial judge and prosecutor were derelict in even permitting the jury to deliberate.”

Maxima Acuna-Atalaya v. Newmont Mining Corp

Court of Appeals for the Third Circuit · Dec 11, 2020

The District Court conditioned its dismissal on Newmont: (1) submitting to the jurisdiction of the appropriate court in Peru and that court accepting jurisdiction; (2) consenting that any judgment in Peru would qualify … “[T]he district court abuses its discretion if it does not hold the defendants to their proper burden on the [FNC] motion or has clearly erred in weighing the factors to be considered.” Lacey v.

Monaghan v. Admiral Ins. Co.

21 F.3d 1114 · Court of Appeals for the Third Circuit · Apr 5, 1994

To establish a claim for fraudulent misrepresentation, Monaghan must also establish that the person who made the statement knew that the statement was false and intended to make a misrepresentation of fact. … Even when Youngclaus answered that Admiral might be "off the hook," he clearly qualified this statement by saying that he did not know for sure and that he did not think he could answer the question.

Michael Meyers, Individually and as Representative of a Class v. Pennypack Woods Home Ownership Association and Marion A. Steinbronn

559 F.2d 894 · Court of Appeals for the Third Circuit · Jul 6, 1977

First preference in disposing of two and three-bedroom units is given to current member-residents of Pennypack whose increased family size qualifies them for larger houses. … Ullman, 318 U.S. 44 , 63 S.Ct. 493 , 87 L.Ed. 603 (1943). 5 In appealing from this aspect of the district court's decision, Meyers asserts that the court's finding that he was a "tester" is clearly erroneous but we need not

United States v. Eddie Walker

529 F. App'x 256 · Court of Appeals for the Third Circuit · Jun 26, 2013

The Government introduced photographs of the Highland Gardens playground which clearly show the existence of qualifying recreational equipment. … With respect to procedural reasonableness, the District Court engaged in the three-step sentencing analysis we established in Gunter, 462 F.3d at 247.

Dici v. Pennsylvania

91 F.3d 542 · Court of Appeals for the Third Circuit · Jul 31, 1996

Also, Dici was clearly a party to the workmen's compensation proceeding. … Both Brison and Monaco certainly qualify as "person[s]" and "employee[s]" under 955(e).

George Emigh v. Jeffrey Miller

442 F. App'x 660 · Court of Appeals for the Third Circuit · Aug 2, 2011

The District Court‟s case management order established December 1, 2009 as the discovery deadline. … Clearly, Emigh‟s grievances did not address a matter of public concern.