Case law

United States Court of Appeals, Third Circuit

654 F.2d 868 · Court of Appeals for the Third Circuit · May 6, 1981

Clearly a New Jersey court would not hold that the complaint before us is barred by res judicata. … Describe the processes for the establishment, development, and review of educational policy. 5. Faculty 114 a.

Debiec v. Cabot Corp.

352 F.3d 117 · Court of Appeals for the Third Circuit · Dec 9, 2003

Therefore, while we agree that Cochran creates a fairly high bar for what qualifies as reasonable diligence, we do not think it dooms Debiec’s case. Debiec, for his part, relies heavily on Burnside v. … Shuman’s 1978 misdiagnosis and less importance than would I to the myriad later events pointing — strongly and clearly — to beryllium (and thus the defendants) as the cause of her condition.

Waterman v. Farmer

183 F.3d 208 · Court of Appeals for the Third Circuit · Jun 30, 1999

Plaintiffs acknowledge that Amatel is "consistent with th[e] well-established line of cases" applying Safley. Br. for Appellees at 23. … The Court concluded that the second Safley factor was "clearly satisfied" because "the regulations permit a broad range of publications to be sent, received, and read." Id. at 418.

Michael v. Shiley, Inc.

Court of Appeals for the Third Circuit · Feb 7, 1995

Section 360k only pre-empts requirements which the state "establish[es]" or "continue[s] in force." … If any person, other than Shiley, "established" the warranty, it was the FDA, not the state.

United States Court of Appeals, Third Circuit

174 F.3d 95 · Court of Appeals for the Third Circuit · May 11, 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.

United States v. McBroom

Court of Appeals for the Third Circuit · Aug 28, 1997

The court was hesitant, however, tofind that McBroom's "troubled childhood" qualified him for a departure from the guideline range. … According to the court, McBroom "clearly possessed his mental and intellectual faculties and was capable of exercising the power of reason."

Cooper v. Amana

Court of Appeals for the Third Circuit · Aug 22, 1995

On the contrary, the record shows that Cooper possessed assets that would clearly be useful outside the Amana context. … We hold that a reasonable jury could have found that the parties "reasonably anticipated" that Cooper would establish a New Jersey POB.

United States v. Rudolph

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

Rudolph's contention is that his two uncharged bribes do not qualify as relevant conduct for purposes of an enhancement under the sentencing guidelines. … Griswold's status as a convicted felon is implicated in establishing the base offense level for each offense. However, no separate conduct by Griswold resulted in double counting." Id. at 296-97.

United States Court of Appeals, Third Circuit

789 F.2d 996 · Court of Appeals for the Third Circuit · May 1, 1986

To qualify for interlocutory review, a class certification decision must implicate special factors that take it outside the general rule. Kramer v. Scientific Control Corp., 534 F.2d 1085, 1087 (3d Cir.1976); Katz v. … Clearly, however, this aspect of the litigation transcends the nation's classrooms and extends to municipal buildings, homes, and other structures. 58 Far more significant are the tens of thousands of personal injury suits

Michael Anthony Debiec, Administrator of the Estate of Jane Louise Guldin Debiec, Deceased v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., A/K/A Kbi Kawecki Berylco Industries, Inc. & the Beryllium Corporation Ngk Metals Corp., Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., A/K/A Kbi, Kawecki Chemical Co., & Berylco, Inc., Michael Anthony Debiec, Sharon J. Reeser, Administratrix of the Estate of Geneva C. Bare, Deceased v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., A/K/A Kbi Kawecki Berylco Industries, Inc., the Beryllium Corporation Ngk Metals Corporation, Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., A/K/A Kbi, Kawecki Chemical Co. Berylco, Inc., Sharon J. Reeser, Dennis J. Branco, Personal Representation of the Estate of John C. Branco, Deceased v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc., A/K/A Kbi Kawecki Berylco Industries, Inc., the Beryllium Corporation Ngk Metals Corp, Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., A/K/A Kbi, Kawecki Chemical Co., Berylco, Inc Brush Wellman Inc., Dennis J. Branco, Mary I. Russo Charles F. Russo, H/h v. Cabot Corporation, Individually and as Successor in Interest to Cabot Berylco, Inc., Kawecki Berylco Inc. A/K/A Kbi Kawecki Berylco Industries, Inc. & the Beryllium Corporation, C/o C.T. Corporation System Ngk Metals Corporation, Individually and as Successor to the Beryllium Corporation, Kawecki Berylco Inc., A/K/A Berylco, Inc., C/o C.T. Corporation System Mary I. Russo Charles F. Russo, H/h

352 F.3d 117 · Court of Appeals for the Third Circuit · Dec 8, 2003

Therefore, while we agree that Cochran creates a fairly high bar for what qualifies as reasonable diligence, we do not think it dooms Debiec's case. 86 Debiec, for his part, relies heavily on Burnside v. … Shuman's 1978 misdiagnosis and less importance than would I to the myriad later events pointing — strongly and clearly — to beryllium (and thus the defendants) as the cause of her condition.

Thomas Rink v. Northeastern Educational

Court of Appeals for the Third Circuit · Dec 15, 2017

of antagonism coupled with timing to establish a causal link.” … Assuming that Rink qualified for the statutory protection afforded by § 10- 1089(c), Rink nevertheless cannot prevail upon his claim for failure to provide procedural due process where, as here, NEIU provided Rink with

Louis Ovando v. Attorney General United States

Court of Appeals for the Third Circuit · Jun 21, 2022

Thomas, 540 U.S. 20, 26 (2003)); 2A Singer & Singer, supra, § 47:33 (“Referential and qualifying words and phrases, where no contrary intention appears, refer solely to the last antecedent.”). … Rosario-Ovando argues that the least culpable conduct is clearly not a crime involving moral turpitude and distinguishes this statute from those examined by our sister circuits.

Pacitti v. Macy's

Court of Appeals for the Third Circuit · Sep 2, 1999

Macy's should have manifested its intention in the contract by limiting or qualifying its offer accordingly. … See Polonski, 137 F.3d at 144 (stating that "the appellate proceedings clearly manifest an intent to appeal"); see also Canady v.

Pacitti v. Macy's

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

Macy's should have manifested its intention in the contract by limiting or qualifying its offer accordingly. … See Polonski, 137 F.3d at 144 (stating that "the appellate proceedings clearly manifest an intent to appeal"); see also Canady v.

Williams v. Secretary of Labor

Court of Appeals for the Third Circuit · Dec 30, 1997

L.Rev. 1195, 1216, 1289 (1982). 8 In this case, jurisdiction to review administrative agency orders has been established by the statute authorizing agency action. Under 42 U.S.C. … Clearly, he fared less favorably than other retirees. The record discloses other ways of structuring the settlement that would have avoided this problem while putting Williams in the same position as other retirees.

Ciarlante v. Brown & Williamson Tobacco Corp.

143 F.3d 139 · Court of Appeals for the Third Circuit · Apr 30, 1998

Driver's, Inc., 101 F.3d 1107, 1110 (6th Cir. 1996) ("This subpart is written in the disjunctive: any one of the alternatives may qualify as the definition of `single site.' "). … According to B&W, North Star establishes that the regular daily rate is the pay for each actual working day only for hourly employees.

Azzaro v. Allegheny

Court of Appeals for the Third Circuit · Apr 11, 1997

To establish a prima facie case of retaliatory firing in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), a plaintiff must establish that (1) she engaged in a protected activity; (2) she … Her purpose with respect to each of these questions was clearly "to gather ammunition for another round of controversy with her superiors." 461 U.S. at 148.

Du Pont v. Du Pont

256 F. 129 · Court of Appeals for the Third Circuit · Mar 6, 1919

‘•I am setting my position before you clearly, for the reason that 1 have lately ascertained from Mr. P. S. … However, the judgment of the majority is not lightly to be sot asido, and fraud or oppression must clearly appear.

Dayhoff Inc. v. H.J. Heinz Co.

86 F.3d 1287 · Court of Appeals for the Third Circuit · Jun 24, 1996

Clearly, this agency theory is not applicable to the facts before us. We also point out that Heinz Italia and H.J. … However, we limit recovery for that fraud, if it is established, to damages.

Simon Pirela v. Comm of PA Dept of Corr

710 F. App'x 66 · Court of Appeals for the Third Circuit · Sep 21, 2017

Pirela confirmed that he understood clearly everything that was said and did not have any additional questions. Pirela’s attorney then asked, “Knowing all of this, Mr. … After an evidentiary hearing, at which testimony from experts regarding Pirela’s mental capacity was presented, the court reviewing the second PCRA petition found that Pire-la “qualifies as a mentally retarded person where