Case law

Pievsky v. Ridge

Court of Appeals for the Third Circuit · Oct 16, 1996

All commissioners shall continue to hold office after the expiration of the terms for which they are appointed or elected until their respective successors are appointed and qualify, but no period during which … This case is clearly distinguishable from the Supreme Court's holding in Humphrey's Executive. The facts underlying Wiener v. United States, 357 U.S. 349, 78 S. Ct. 1275 (1958) are also distinguishable.

Welsh & Forbes, Inc. v. Cendant Corp.

235 F.3d 176 · Court of Appeals for the Third Circuit · Dec 13, 2000

Santander's prompt response to the August 27th letter and its initiative in sending another letter in November establish that it was not derelict in discovering that its Proof of Claim had been postmarked late. Fed. R. … I see nothing that would even qualify for excusable neglect under any of the motions and therefore they ar e denied.

Mardell v. Harleysville Life Ins. Co.

Court of Appeals for the Third Circuit · Aug 1, 1994

The district court had held that the plaintiff's misrepresentation precluded the plaintiff from making out a prima facie case because he could not show that he was qualified for the position. … His resume fraud clearly had nothing to do with that; it surfaced only after [the plaintiff] was terminated and after this suit was com- menced.

Abdille v. Ashcroft

Court of Appeals for the Third Circuit · Mar 7, 2001

S 208.13(c)(1) (2000) ("For applications filed on or after April 1, 1997, an applicant shall not qualify for asylum if section . . . 208(b)(2) of the Act[8 U.S.C. … Section 208.15 clearly states that a prima facie case of firm resettlement is established once the evidence shows that the asylum applicant received "an offer of permanent resident status, citizenship, or some other type

Kleissler v. United States Forest Service

157 F.3d 964 · Court of Appeals for the Third Circuit · Sep 30, 1998

As noted above, the majority does not clearly draw the line between interests sufficient for intervention under Rule 24(a)(2) and those not sufficient. … The diner clearly will suffer an economic harm, formally (if not directly) caused by the present litigation.

Re: Orthopedic Bone Screw Litigation

Court of Appeals for the Third Circuit · Apr 16, 2001

As a result of the dismissal, Sambolin's claim fails to qualify for compensation pursuant to the multidistrict class action settlement agreement (the "Settlement Agr eement") between the Appellees -- AcroMed Corporation ( … First, the AcroMed settlement immunized doctors and hospitals from AcroMed bone screw pr oducts liability lawsuits (though 20 broker. Zients, 459 F.2d at 630.

In re: William Fesq

Court of Appeals for the Third Circuit · Aug 18, 1998

Branchburg argues (1) that its counsel's computer mishap qualifies as "mistake, inadvertence...or excusable neglect" under Rule 60(b) and (2) that because Rule 9024 makes Rule 60(b) generally applicable in bankruptcy, the … While Cisneros is also not directly applicable here, it concluded that Rules 60(b) and 9024 apply under a clearly analogous set of circumstances.

In Re: Lan Assoc

Court of Appeals for the Third Circuit · Oct 5, 1999

Because "both a percentage-based calculation and a reasonableness analysis" must be conducted in establishing an appropriate award, id. (Bankr. Ct. … The fact that this intent was not clearly articulated in the prior version of S 330 does not preclude this interpretation.

Goepel v. Nat'l Postal Mail Handlers Union

Court of Appeals for the Third Circuit · Sep 22, 1994

recharacterizing a state law claim as a federal claim removable to a district court, the district court concluded that the removal was proper because the Goepels' complaint was "'necessarily federal in character by virtue of the clearly … The jury returned a general verdict in the plaintiff's favor, however, the court of appeals reversed, partially because it concluded that federal law immunized the helicopter manufacturer from state tort liability based

Brokerage Concepts v. US Healthcare Inc (Part I)

Court of Appeals for the Third Circuit · Apr 2, 1998

Our task is made more difficult by the fact that the record does not contain sufficient evidence to enable us to clearly define the relevant geographic market. … The proponent of the evidence has the burden of establishing these elements of admissibility. See id.

United States Ex Rel. Darcy v. Handy, Warden

203 F.2d 407 · Court of Appeals for the Third Circuit · Apr 29, 1953

If federal relief is sought on the grounds that state law affords no remedy, or his resort thereto has been obstructed and he has been unable to present his case to a state court, the facts relied on should be clearly and … Likewise it has been held in cases where qualified counsel have been appointed for a defendant by the court that errors of judgment committed by such counsel in the conduct of the defense do not amount to a deprivation of

Corestates Bank v. Huls America Inc

Court of Appeals for the Third Circuit · May 11, 1999

CoreStates's claim clearly meets these three requirements. … Under Rule 12(c), a district court cannot grant judgment on the pleadings, and we may not affirm such a grant, "unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled

United States v. Nappi

Court of Appeals for the Third Circuit · Mar 21, 2001

(1) because it entitles counsel for the defendant and the government, at the sentencing hearing, to an "opportunity to comment on . . . matters r elating to the appropriate sentence."2 Nappi maintains that the state PSI qualifies … Nappi's state PSI clearly constitutes a"matter relating to the appropriate sentence." Id. Thus, under plain _________________________________________________________________ 4.

United States Court of Appeals, Third Circuit

990 F.2d 1413 · Court of Appeals for the Third Circuit · May 11, 1993

DISCUSSION 10 In enacting ERISA, Congress established a comprehensive remedial scheme for the protection of: 11 the interests of participants in employee benefit plans and their beneficiaries ... by establishing standards … In addition, Guidry recognized that "qualified domestic relations orders" now are authorized by an express statutory anti-alienation exception.

Sergio Verdu v. Princeton University Trustees

Court of Appeals for the Third Circuit · Sep 27, 2022

Princeton does not contest whether Verdu has clearly stood on his complaint; nor does it contest our appellate jurisdiction. 4 under 28 U.S.C. § 1291. … To allege plausibly a disparate-treatment claim under Title VII, a plaintiff must allege that (1) he is a member of a protected class, (2) he is qualified for the position he sought to retain or attain, (3) he suffered

Laborers' International Union v. Foster Wheeler Corp.

26 F.3d 375 · Court of Appeals for the Third Circuit · May 20, 1994

MOEPSI negotiated with the five qualified bidders and scrutinized their bid packages over the next five months. … Ct. 1426, 1429 (1969) (plurality) (referring to the "qualified role of stare decisis in the administrative process"); NLRB v. Seven-Up Co., 344 U.S. 344, 349, 73 S.

Hurley v. Atl Cty Pol Dept

Court of Appeals for the Third Circuit · Mar 18, 1999

The court found that "it is . . . inconceivable that in the mass of testimony so clearly establishing negligence in thirty other particulars this issue could have influenced the verdict against American." … Although Madamba clearly was a supervisor of the personnel under his command, the ACPD contends that he did not establish policy and was not at the top tier of the department so as to be part of upper management.

Bernardsville Board of Education v. J.H.

42 F.3d 149 · Court of Appeals for the Third Circuit · Nov 22, 1994

The Act clearly requires that a school district provide a free appropriate education for eligible students. Thus, the issue before us is not "whether J.H.' … The Bernardsville District was clearly on notice, albeit not through a formal due process request, that J.H.’s parents wanted the school district to pay for the cost of Landmark.

Barnes v. American Tobacco Co.

161 F.3d 127 · Court of Appeals for the Third Circuit · Nov 12, 1998

This is clearly an individual issue. . . . These issues clearly preclude certification." Barnes, 176 FRAUD at 502. B. … McNally seeks, and would be qualified for under the Burns Program, is a physical examination and cardiovascular risk assessment.

Thermalkem, Inc. v. U.S. EPA

Court of Appeals for the Third Circuit · Jun 14, 1994

§ 270.72(a)(2), or qualify for an increase with respect to certain wastes that become newly listed or identified after it submits a revised Part A permit application. … First, it clearly holds that interim status is not equivalent to permit status. Vineland Chem. Co., 810 F.2d at 406.