FELLS

v.

MABEN ET AL.

Citator

Cited By

• COX v. Keystone Carbon Co., 861 F.2d 390 (3d Cir. 1988)
  …first opportunity to resolve it. It is established law in this circuit that the substance of the pleadings must be examined to determine if the issues raised are triable to a jury. Laskaris v. Thornburgh, 733 F. 2d 260, 264 (3d Cir.), cert. denied, 469 U.S. 886, 105 S.Ct. 260, 83 L.Ed.2d 196 (1984). As this court previously recognized “[t]he difference between actions brought under subsections (a)(1)(B) and (a)(3) of ERISA is often difficult to discern in situations such as this one where the complaint is…
• Jones v. Century OIL U.S.A., Inc., 957 F.2d 84 (3d Cir. 1992)
  …uld reasonably find for the opponent, the court viewing the evidence in the light most favorable to the opponent and giving him the advantage of every fair and reasonable inference. Laskaris v. Thornburgh, 733 F. 2d 260, 264 (3d Cir.), cert. denied, 469 U.S. 886, 105 S.Ct. 260, 83 L.Ed.2d 196 (1984). If there is conflicting evidence that could reasonably lead to inconsistent inferences, a verdict may not be directed. Id. Viewing all the evidence introduced in the light most favorable to Jones, we cannot c…