Case law

Waterfront Comm NY v. Elizabeth-Newark

Court of Appeals for the Third Circuit · Dec 29, 1998

rejected a similar contention by Mercedes-Benz that "freight" is confined to goods handled by others, and ruled "the phrase `employed * * * by any person' contained in the [1969] amendments' redefinition of `longshoreman' clearly … The Interstate Commerce Act establishes a regulatory framework similar to that of the Shipping Act, but the Interstate Commerce Act applies only to inland shippers.

Mickens-Thomas v. Vaughn

355 F.3d 294 · Court of Appeals for the Third Circuit · Jan 14, 2004

We observed that “there [was] significant evidence that [the Board] acted upon policies that were established after [his] crime and conviction.” Id. at 387. … Evidence in the file clearly demonstrates your history of alcohol abuse; and, at your recent interview, you admitted abusing alcohol prior to conviction.

Guan Yu Lin v. Attorney General

183 F. App'x 150 · Court of Appeals for the Third Circuit · Jun 1, 2006

“If an alien or his counsel of record has been provided with written notice of a removal proceeding, and the alien does not attend, he ‘shall be ordered removed in absentia if the [Department of Homeland Security] establishes … It clearly matters, because, as explained above, there are only two grounds relevant here on which a motion to reopen to rescind an order of removal in absentia could potentially succeed: (1) lack of notice, and (2) “exceptional

United States v. Sokolow

Court of Appeals for the Third Circuit · Jul 26, 1996

This exception allows the admission of hearsay documents provided a foundation is laid by "the custodian or other qualified witness" that: (1) [t]he declarant in the records had personal knowledge to make accurate … Factual determinations underlying the application of the guidelines are reviewed under the clearly erroneous standard. Id.

TKR Cable Co. v. Cable City Corp.

267 F.3d 196 · Court of Appeals for the Third Circuit · Oct 1, 2001

This act established the Federal Communications Commission and granted it jurisdiction over the regulation of radio and wire transmissions. Id. … We believe that Congress clearly enacted S 553 with the primary purpose of addressing satellite-initiated cable transmissions.

United States Court of Appeals, Third Circuit

642 F.2d 687 · Court of Appeals for the Third Circuit · Apr 13, 1981

And Congress was clearly aware of children with needs similar to those of Paul, and was quite conscious of the foundational nature of their education. … July 16, 1979) (residential placement to ensure continuity necessary to obtain any improvement in self-sufficiency) 25 20 U.S.C. § 1412 (5)(B) provides that in order to qualify for assistance a state must establish "procedures

Town Sound & Custom Tops, Inc. v. Chrysler Motors Corp.

959 F.2d 468 · Court of Appeals for the Third Circuit · Mar 26, 1992

a new industry was clearly reasonable while in effect). … Others sought to rein in their colleagues by insisting on the qualifier requiring a substantial lessening of competition or the tendency to create a monopoly.

Mickens-Thomas v. Vaughn

355 F.3d 294 · Court of Appeals for the Third Circuit · Jan 14, 2004

We observed that "there [was] significant evidence that [the Board] acted upon policies that were established after [his] crime and conviction." Id. at 387. … Evidence in the file clearly demonstrates your history of alcohol abuse; and, at your recent interview, you admitted abusing alcohol prior to conviction.

Todd Davender v. Warden Fairton FCI

Court of Appeals for the Third Circuit · Dec 14, 2018

But even setting aside the issue of timeliness, that motion clearly failed for the reasons that follow. … A federal prisoner may challenge the legality of his sentence via a § 2241 petition only if he establishes that a § 2255 motion would be “inadequate or ineffective.” See 28 U.S.C. § 2255(e); Cradle v.

The Genmoora Corporation v. Moore Business Forms, Inc., Defendant-Third Party v. Joseph T. Verdesca, Sr., William C. Jackson, Jr. And Steve Pert, Third Party

939 F.2d 1149 · Court of Appeals for the Third Circuit · Oct 17, 1991

$600,000 and $800,000 can be derived from Pert's testimony and the exhibits, which is not at all certain, see note 5 supra, at least two of the numbers that Pert explicitly used lacked any foundation, as Pert's testimony clearly … took your deposition as an expert witness in this case on the 4th and 5th of May, 1988, so in those areas that involve expert knowledge as an auditor or expert knowledge of financial accounting you agree that you're not qualified

John T., a Minor by His Parents and Next Friends, Paul T. And Joan T. Paul T. Joan T., Individually, and on Their Own Behalf, All of v. The Delaware County Intermediate Unit, Defendant/third-Party v. Commonwealth of Pennsylvania, Department of Education Third-Party Delaware County Intermediate Unit, John T., a Minor by His Parents and Next Friends, Paul T. And Joan T. Paul T. Joan T., Individually, and on Their Own Behalf, All of v. The Delaware County Intermediate Unit, Defendant/third-Party v. Commonwealth of Pennsylvania, Department of Education Third-Party John T., Paul T. And Joan T.

318 F.3d 545 · Court of Appeals for the Third Circuit · Jan 30, 2003

We must determine whether John T. then qualifies as a "prevailing party" under the IDEA fee-shifting provision. We hold that he does not. I. … Section 1415(i)(3) in no way alters the term's established meaning.

United States v. Chartock

283 F. App'x 948 · Court of Appeals for the Third Circuit · Jun 30, 2008

Despite Dougherty’s explanation that Erie did not qualify for relief, the Chartocks continued to seek inclusion in the KOZ program, and on November 25, 2002, Louis Chartock asked Mariano to introduce legislation making … The jury was clearly justified in rejecting this alternative explanation of the evidence, and the evidence clearly supported the jury’s finding that Chartock knew of Mariano’s disclosure requirement and knowingly assisted

In Re: RML Inc

Court of Appeals for the Third Circuit · Aug 1, 1996

We also acknowledge that whether a contemplated investment provided a significant "chance" to receive value more often than not will be bound up in the bankruptcy court's factual determinations and, thus, largely immune from … Insolvency Mellon Bank next contends that the Committee failed to establish that Intershoe was "insolvent," see 11 U.S.C. § 548(a)(2)(B)(i), on the dates of the disputed transfers.

Sheridan v. DuPont & Co.

Court of Appeals for the Third Circuit · Jan 31, 1996

Sheridan felt that she was 5 qualified for this position and that she was not promoted because of her sex. … With respect to Count I (failure to promote), the jury found that Sheridan was not qualified for the job of manager of restaurants. App. 31.

UPS Worldwide Forwarding, Inc. v. United States Postal Service

66 F.3d 621 · Court of Appeals for the Third Circuit · Sep 15, 1995

Under the ICM service, qualifying international mailers negotiate individualized service agreements with the Postal Service to establish the kind of services to be provided and the rate of postage. … It is the responsibility of the complainant clearly to allege facts demonstrating that he is a proper party to invoke judicial resolution of the dispute and the exercise of the court's remedial

Gayle v. Warden Monmouth County Correctional Institution

838 F.3d 297 · Court of Appeals for the Third Circuit · Sep 22, 2016

Dec. at 800 (holding that an alien is entitled to a bond hearing if he can show at a Joseph hearing that the Government is “substantially unlikely to establish, at the merits hearing, the charge or charges that subject the … But unless and until the Supreme Court has clearly taken a contrary view or we revisit our own precedent en banc, we will continue to adhere to the rule of Wilkerson and Lusardi.

Coast Automotive Group, Ltd. v. VW Credit, Inc.

34 F. App'x 818 · Court of Appeals for the Third Circuit · Jan 30, 2002

The dismissal of Count One, Breach of Contract, most clearly depended on the judicial estoppel finding. … The court expressly relied on the default finding to hold that Coast could not make a prima face case of discrimination in both its federal and state claims because it could not prove that Coast was qualified to continue

Mondzelewski v. Pathmark

Court of Appeals for the Third Circuit · Dec 23, 1998

The ADA prohibits an employer from discriminating against a qualified individual with a disability because of the disability, 42 U.S.C. … S 12112(a), which may be invoked only by a "qualified individual with a disability."

Town Sound And Custom Tops, Inc. v. Chrysler Motors Corporation

959 F.2d 468 · Court of Appeals for the Third Circuit · Mar 26, 1992

a new industry was clearly reasonable while in effect). … Others sought to rein in their colleagues by insisting on the qualifier requiring a substantial lessening of competition or the tendency to create a monopoly.

United States v. Richard Bush

Court of Appeals for the Third Circuit · Jul 6, 2018

This was sufficient to establish Barrett’s personal knowledge. … It also found that the witnesses were not qualified as experts to give the legal conclusions that Mishra’s counsel was attempting to elicit.