Case law

Chemical Leaman Tank Lines, Inc. v. Aetna Casualty & Surety Co.

89 F.3d 976 · Court of Appeals for the Third Circuit · Jun 20, 1996

To qualify as an “occurrence” the environmental damage must not have been “expected nor intended from the standpoint of the insured.” Morton, 629 A.2d at 836 . … Nevertheless, the record here could clearly support a finding that Chemical Leaman was “stonewalling” regulatory authorities.

Stelwagon v. Tarmac

Court of Appeals for the Third Circuit · Aug 24, 1995

Perry's examination of Tarmac's invoices on sales of MAPs 0 The district court qualified Dr. … Although the customer statements at issue in this case clearly were admissible as evidence of why the customers were not purchasing Tarmac MAPs from Stelwagon, i.e., because they thought they could get a better deal elsewhere

Adams v. Trustees of the New Jersey Brewery Employees' Pension Trust Fund

29 F.3d 863 · Court of Appeals for the Third Circuit · Jul 15, 1994

But other factors clearly warned the PBGC it risked dismissal: Anheuser-Busch's brief argued for 41(b) dismissal and went through the 6-factor Poulis analysis, and Pabst included a draft of a dismissal order in its … If it did, a vast range of parties could claim immunity from dismissal to prevent suffering to third parties.

Szuchon v. Lehman

273 F.3d 299 · Court of Appeals for the Third Circuit · Nov 20, 2001

Cross, 726 A.2d 333 (Pa. 1999), and argues that state remedies are not clearly foreclosed. … Thus, Cross notwithstanding, Szuchon's state remedies are clearly foreclosed.

United States v. Strickland

237 F. App'x 773 · Court of Appeals for the Third Circuit · Jul 17, 2007

Id. at 118. 7 that a warrant requirement would interfere with the probation system by delaying investigations into suspected violations and effectively establishing a magistrate … incarcerated and not under active supervision, a search that is conducted eight months after the parolee was apprehended 14 and conducted without any urgency, nonetheless qualifies

IN RE: The Guild and Gallery Plus, Inc. v. Maggio

Court of Appeals for the Third Circuit · Jan 4, 1996

Instead, the bankruptcy court is established as a unit of the district court to which the district court may refer any or all cases and proceedings. … The applicable test to determine whether an action brought in bankruptcy court qualifies as a noncore, related proceeding was set forth in the landmark decision of Pacor, Inc. v.

United States v. Jerrod Abney

496 F. App'x 248 · Court of Appeals for the Third Circuit · Sep 12, 2012

We note that, as of March 2009, Verna had approximately five years of experience working as a loss prevention detective at a number of retail establishments. … I fear that the majority’s affirmance, while qualified, will lead to the improvident denial of suppression motions in instances when reasonable suspicion, as required by the Fourth Amendment, is absent.

Harris v. City of Philadelphia

47 F.3d 1311 · Court of Appeals for the Third Circuit · Feb 15, 1995

That finding was not clearly erroneous. … Those findings are not clearly erroneous.

NYLife Distributors, Inc. v. Adherence Group, Inc.

72 F.3d 371 · Court of Appeals for the Third Circuit · Dec 21, 1995

the Court concluded that "[b]y the Declaratory Judgment Act, Congress sought to place a remedial arrow in the district court's quiver"; it created "an opportunity, rather than a duty, to grant a new form of relief to qualifying … The federal court clearly had priority over this case. Moses H.

American Telephone & Telegraph Co. v. Winback & Conserve Program, Inc.

42 F.3d 1421 · Court of Appeals for the Third Circuit · Dec 9, 1994

The resellers then sell the services to individual businesses that do not generate sufficient volume to qualify individually for the high-volume discounts. … While both parties argue about whether the district court's finding was clearly erroneous, it appears that the district court actually made no such finding.

NYLife Dist., Inc. v. Adherence Grp., Inc.

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

the Court concluded that "[b]y the Declaratory Judgment Act, Congress sought to place a remedial arrow in the district court's quiver"; it created "an opportunity, rather than a duty, to grant a new form of relief to qualifying … The federal court clearly had priority over this case. Moses H.

John Mitchell v. Burt & Vetterlein, P.C. Mark Gordon v. Mark Gordon, Third-Party-Defendant. John H. Mitchell v. Robert Burt Burt & Vetterlein, P.C. Andrea L. Bushnell

81 F.3d 169 · Court of Appeals for the Third Circuit · Mar 29, 1996

Even though further legal services were contemplated, this disparity is so large that it clearly raises a jury question as to equivalent value. … B & G asserts that the price received at a properly noticed sheriff's sale in execution of judgment is conclusively presumed to be commercially reasonable and to establish equivalent value.

United States v. Koreh

Court of Appeals for the Third Circuit · Jul 6, 1995

This led it to conclude that "[t]he only qualifying restriction as to willing membership does not go to the type or personal degree of membership but, rather, to the type of movement in which a person is a member." … We agree with the district court that even if such a defense were available, Koreh has failed to establish the elements required to maintain the defense.

United States v. Laquan Kellam

Court of Appeals for the Third Circuit · Sep 28, 2018

Video evidence and testimony at trial established that Kellam sold crack and drove the black Nissan when delivering crack to the informant. … Again, the finding that she gave consent is not clearly erroneous. C. Trial Testimony Kellam challenges Lau’s testimony at trial as improperly providing expert evidence.

Plamen Ivkov Ayvazov v. Attorney General United States

662 F. App'x 162 · Court of Appeals for the Third Circuit · Oct 27, 2016

To that end, while the IJ explicitly found “overwhelming evidence” of Bulgarian persecution of Roma that would qualify “many Roma . . . for asylum,” she concluded that Ayvazov had failed to corroborate his ethnicity, affording … Att’y Gen., 602 F.3d 260, 272 (3d Cir. 2010) (noting that BIA must review IJ findings of fact under a clearly erroneous standard).

Otto v. Pennsylvania State Education Ass'n-NEA

330 F.3d 125 · Court of Appeals for the Third Circuit · May 8, 2003

No Supreme Court case explicitly establishes a contemporaneous-objection requirement. While International Association of Machinists v. … He acknowledged that litigation conducted by one bargaining unit could establish precedents useful to another bargaining unit.

Artway v. Attorney General of New Jersey

81 F.3d 1235 · Court of Appeals for the Third Circuit · Apr 12, 1996

The crux of Artway’s argument is that the “sentenced on the basis of criteria similar to” language violates due process by not specifying the predicate crimes more clearly. … We also hold unripe the claim of the Chief of Police of Wood-bridge Township that state immunity bars his “potential liability” for a hypothetical § 1983 action seeking damages.

United States v. Christie

Court of Appeals for the Third Circuit · Sep 15, 2010

Defense counsel later argued in closing that Lochmiller qualified as a CI. … However, even if one assumes the toys had some relevance, the danger of unfair prejudice clearly and substantially outweighed it.

United States v. Balter

91 F.3d 427 · Court of Appeals for the Third Circuit · Jul 29, 1996

The court ruled that the prejudicial effect of this statement on co-defendant Garcia outweighed the probative value for Balter to establish fear. … The statement in question here is clearly relevant to show Balter's knowledge of the original plan and his involvement in the plan to cover up the murder.

United States v. Russell

Court of Appeals for the Third Circuit · Jan 16, 1998

Clearly, the common goal of this conspiracy was to make money selling cocaine. … The evidence was probative to establish an association between Smith and Russell, to establish how the drug operation functioned (i.e., drugs supplied from New York), and to establish a common purpose.