Case law

United States v. Charles Esham

Court of Appeals for the Third Circuit · Sep 29, 2023

Esham —was “clearly not applicable here.” JA 1530–31. And the trial judge also rejected Dr. … Esham] did qualify [for a downward departure], [he] would certainly not grant the downward departure and the exercise of [his] discretion based on this particular policy statement.” Id. at 1531.

United States v. McNeal

175 F. App'x 546 · Court of Appeals for the Third Circuit · Apr 11, 2006

Had the district judge rejected all five points related to McNeal’s juvenile adjudication, McNeal would have qualified for criminal history category I with a guideline range of 12 to 18 months, rather than category III … The court need not discuss every argument made by a litigant if an argument is clearly without merit.

Brooks v. Village of Ridgefield Park

185 F.3d 130 · Court of Appeals for the Third Circuit · Jul 21, 1999

Subsumed in this question is whether the district court correctly concluded that the Village failed to establish a good faith defense. A. We turn to the first question and commence with a brief background of the FLSA. … We affirmed in part on the basis that the district court’s determination was not clearly erroneous within the meaning of Section 213(a)(1) of the FLSA because the employees did not qualify under the first prong of the Secretary

United States v. Gregg

226 F.3d 253 · Court of Appeals for the Third Circuit · Sep 7, 2000

The regulated enterprises were clearly within Morrison's definition of economic activity. … In some cases, when clinics closed, women were required to travel, perhaps interstate, to obtain the services of another establishment.

Adams v. Freedom Forge Corp.

204 F.3d 475 · Court of Appeals for the Third Circuit · Mar 7, 2000

This testimony established immediate and irreparable harm. . . . … We reach the issue, however, because the burden is clearly on the moving party to prove all elements required for a preliminary injunction, see Acierno v.

Colussi v. Woodruff Family Services, LLP

173 F. App'x 118 · Court of Appeals for the Third Circuit · Mar 9, 2006

The burden initially rests on the plaintiff to show that she was terminated from a position for which she was qualified while other, male employees were retained. … The sole question is whether the evidence could support a finding that these reasons are pretextual. 7  To establish pretext, Ferczak and Colussi must “demonstrate

United States Ex Rel. Cantekin v. University of Pittsburgh

192 F.3d 402 · Court of Appeals for the Third Circuit · Sep 29, 1999

The application may still be rejected based on the second vote, which establishes a “priority score.” … A review of the instructions themselves suggests that they clearly indicate that industry funding should be disclosed.

Scully v. US Wats, Inc.

238 F.3d 497 · Court of Appeals for the Third Circuit · Feb 1, 2001

During the trial, the parties presented expert testimony to establish the value of the restricted shar es that US WATS refused to deliver. … Because Scully established that US WATS violated the WPCL, the District Court should have awarded him attorney's fees. See 43 Pa. Stat. Ann.

R&B, Inc. v. Needa Parts Manufacturing, Inc.

50 F. App'x 519 · Court of Appeals for the Third Circuit · Aug 20, 2002

Although these factors were initially established in the context of non-competing goods, we held in A & H Sportswear, Inc. v. … As the District Court stated, because grade or style designations are descriptive marks, R&B was required to show secondary meaning to qualify for trademark protection. See J.M. Huber Corp. v.

United States v. Various Articles

Court of Appeals for the Third Circuit · Oct 23, 2000

Therefore, we are obliged to review independently the record to determine whether the District Court curtailed protected speech in its determination that the magazines were obscene.1 As we have stated, Bose Corp. established … These magazines qualify for First Amendment protection because of their political value.

DeHart v. Horn

Court of Appeals for the Third Circuit · Sep 8, 2000

doctrines than it provides for less established or individual- based religions"). 3. … I agree that the defendants here established the necessary legitimate penological interest, and established that the prison's special diet regulation is rationally related to that interest (the first Turner factor).

Barna v. City of Perth Amboy

42 F.3d 809 · Court of Appeals for the Third Circuit · Dec 14, 1994

The relevant facts as established by the plaintiffs' presentation of their case at trial are as follows.5 On the 3 . … In short, we believe the unauthorized use of a police-issue nightstick is simply not enough to color this clearly personal family dispute with the imprimatur of state authority.11 To hold otherwise would create

Abdullah v. American Airlines, Inc.

181 F.3d 363 · Court of Appeals for the Third Circuit · Jun 23, 1999

We therefore conclude, without serious question, that preemption is implied by the comprehensive legal scheme which imposes on the [Administrator] the duty of qualifying pilots for air service. … Clearly, Congress did not intend to prohibit state damage remedies by this language.

Miller v. Federal Bureau of Prisons

147 F. App'x 302 · Court of Appeals for the Third Circuit · Sep 16, 2005

We exercise plenary review over the District Court’s legal conclusions and apply a clearly erroneous standard to its findings of fact. See Ruggiano v. … The Bureau may designate any available penal or correctional facility that meets minimum standards of health and habitability established by the Bureau . . . that the Bureau determines to be appropriate

DeHart v. Horn

Court of Appeals for the Third Circuit · Jan 5, 2000

doctrines than it provides for less established or individual- based religions"). 3. … I agree that the defendants here established the necessary legitimate penological interest, and established that the prison's special diet regulation is rationally related to that interest (the first Turner factor).

National Collegiate v.

Court of Appeals for the Third Circuit · Aug 19, 2020

After that entity’s bankruptcy in 2008, however, the Trusts established a regime for servicing delinquent student loans. … It provides for two methods for calculating the market value, specifically: (i) the highest bid received from at least three qualified bidders when conducting the sale in a manner that will yield the “highest and best net

Lango v. Director OWCP

Court of Appeals for the Third Circuit · Jan 14, 1997

Lango failed to establish that her husband's pneumoconiosis was a contributing cause of his death. … As the ALJ stated, "An assertion which does not explain how the doctor reached the opinion expressed or contain his reasoning does not qualify as a reasoned medical opinion." App. at 13.

Kline v. First Western Government Securities, Inc.

24 F.3d 480 · Court of Appeals for the Third Circuit · May 2, 1994

Thus, the plaintiffs cannot state a claim of misrepresentation because the facts upon which their claim is premised were disclosed clearly. … In particular, the plaintiffs claim that Arvey mislead them because its opinion letters said that they would have ordinary losses when canceling losing forward contracts.0 0 Actually, it never has been established that

DL Resources Inc v. FirstEnergy

Court of Appeals for the Third Circuit · Oct 16, 2007

We look to the plain and ordinary meaning of the language used in the policy unless another meaning is clearly apparent from the contents of the policy. … See App. 34, ¶ 17 (immunizing both parties from liability for failure to perform due to acts of God or other events beyond the parties’ control).

Boyle v. County of Allegheny

139 F.3d 386 · Court of Appeals for the Third Circuit · Mar 23, 1998

The Branti Court was clearly dissatisfied with the categorical approach enunciated in Elrod, which distinguished between "policymaking" and "nonpolicymaking" positions, and sought to clarify that test. 445 U.S. at 518. … To this end, Elrod, Branti and their progeny have established certain principles of law which constitute the general parameters by which the analysis must be guided.