Case law

Conchatta Inc. v. Miller

458 F.3d 258 · Court of Appeals for the Third Circuit · Aug 15, 2006

As noted above, a high seating capacity, among other requirements, is necessary to qualify in these categories, and only 79 of the more than 15,000 liquor-licensed establishments in Pennsylvania qualify. … Those that do not qualify include low seating capacity performance spaces that serve alcohol.

Aladetohun O. Bamidele v. Immigration & Naturalization Service

99 F.3d 557 · Court of Appeals for the Third Circuit · Nov 1, 1996

Following his graduation in 1986, Bamidele held a variety of jobs until establishing himself with his current employer in 1990. … He further opined that § 246 clearly indicated a congressional intent "to place a time restriction on the INS’s ability to rescind permanent resident status.”

Helen Mining Co v. James Elliott, Sr.

859 F.3d 226 · Court of Appeals for the Third Circuit · Jun 14, 2017

Typically, the burden of proof rests on the miner to establish each element necessary for entitlement to benefits. … If Congress has directly and clearly spoken to the precise question at issue, our Chevron analysis is complete at Step One, and Congress’s unambiguously expressed intent controls. Chevron, 467 U.S. at 842–43.

Omar Frias-Camilo v. Attorney General United State

826 F.3d 699 · Court of Appeals for the Third Circuit · Jun 23, 2016

As a result, aliens who have clearly been guilty of criminal behavior and whom Congress intended to be considered “convicted” have escaped the immigration consequences 6 … Nor could he, as his argument runs headlong into the plain establish his plea or the adjudication of his charges.

Thomas C. Ramseur v. Howard C. Beyer, Superintendent, New Jersey State Prison, Robert Del Tufo, New Jersey Attorney General

983 F.2d 1215 · Court of Appeals for the Third Circuit · Dec 31, 1992

The record does not clearly establish the race of Mr. Ikena, Mr. Smith, or Ms. Hardwick. … In the present case, the first criterion is clearly met.

Ida Mary Lewis v. University of Pittsburgh and University of Pittsburgh Book Center

725 F.2d 910 · Court of Appeals for the Third Circuit · Feb 9, 1984

To create a pri-ma facie case, the plaintiff must establish: (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his … The evidence of nepotism was clearly relevant to the present case for two distinct reasons.

Erika Eberhardinger v. City of York

Court of Appeals for the Third Circuit · Aug 5, 2019

On appeal, Officer Smith argues that his actions did not violate “clearly established” Fourth Amendment law and that, therefore, he is entitled to qualified immunity. Mullenix v. Luna, 136 S. Ct. 305, 308 (2015). … Discussion1 Qualified immunity shields police officers from claims for money damages brought pursuant to § 1983 “so long as their conduct ‘does not violate clearly established statutory or constitutional rights

Charles Thomas Lewis v. Philip L. Johnson, Superintendent, Sci-Pittsburgh Mike Fisher, Attorney General of Pennsylvania

359 F.3d 646 · Court of Appeals for the Third Circuit · Mar 10, 2004

Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989), and its progeny except to the extent that “whatever would qualify as an old rule under our Teague line of cases will constitute ‘clearly established Federal law … See Williams, 529 U.S. at 391 , 120 S.Ct. 1495 (“It is past question that the rule set forth in Strickland qualifies as ‘clearly established Federal law[.] ’ ”).

Sultan Chemists, Inc. v. United States Environmental Protection Agency

281 F.3d 73 · Court of Appeals for the Third Circuit · Feb 6, 2002

The PO and the EAB pointed to other statements in the Agreement that clearly undermine Sultan’s argument. … We agree with their position that unless all of the requirements of the guaranty provision have been met, the distributor does not qualify for an exemption of liability.

United States v. Howard Perry, Glen Hagen, James Geran, Kevin Dorr. United States of America v. Howard Perry and Gary Moore

788 F.2d 100 · Court of Appeals for the Third Circuit · Apr 30, 1986

Freedom from constraint is clearly an element of that substantive liberty interest. … The Bail Reform Act makes no provision for the granting by the Justice Department of statutory use-fruits immunity.

McCray v. Fidelity National Title Insurance

682 F.3d 229 · Court of Appeals for the Third Circuit · Jun 14, 2012

Because Appellants did not clearly state the type of injunctive relief they sought in their initial complaint and requested only that the “unlawful conduct be enjoined,” J.A. at 65, the District Court properly dismissed the … Thus, Appellants must establish standing based on the possibility of future unfair rates. 21

Radius v. Attorney General

273 F. App'x 205 · Court of Appeals for the Third Circuit · Apr 15, 2008

To qualify as a refugee she must establish that she is “unable or unwilling” to return to Indonesia “because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a … To qualify for withholding of removal, Radius must establish not only that she is a refugee, but also that there is a “clear probability” that her “life or freedom would be threatened upon her removal.” Xia Yue Chen v.

Skiba v. Laher

Court of Appeals for the Third Circuit · Aug 2, 2007

Laher are annuities qualified under IRC § 403(b).” Appellee’s Br. 4. … The annuity here clearly fits within the concept of “trust” in § 541(c)(2).

Shalom Pentecostal Church v. Acting Secretary United States Department of Homeland Security

783 F.3d 156 · Court of Appeals for the Third Circuit · Apr 7, 2015

Constitutional Standing Article III of the Constitution requires that a plaintiff establish standing in order for his case to be justiciable. Lujan v. Defenders of Wildlife, 504 U.S. 555, 559-60 (1992). … If Congress has directly and clearly spoken to the 16 question at issue, our Chevron analysis is complete at step one, and Congress’s unambiguous intent controls. Id. at 842- 43.

National Land & Investment Co. v. Specter

428 F.2d 91 · Court of Appeals for the Third Circuit · Jun 25, 1970

And again we find that appellants have failed to establish the existence of such harm. … . § 1983 ] to maintain a suit in equity in the federal courts to protect the suitor against a deprivation of rights or immunities secured by the Constitution, has been preserved, and that whenever the right of immunity is

John R. McCarron v. Federal Deposit Insurance Corporation, as Receiver of Meritor Savings Bank and in Its Own Capacity

111 F.3d 1089 · Court of Appeals for the Third Circuit · May 1, 1997

its qualified pension plan. … But the FDIC’s “white knight” exception to the ban on golden parachute payments is also subject to clearly defined limitations.

National Labor Relations Board v. New Vista Nursing & Rehabilitation

870 F.3d 113 · Court of Appeals for the Third Circuit · Aug 29, 2017

Following the steps established by the Supreme Court in Chevron , we must first ask, has Congress “directly and clearly spoken to the precise question at issue[?]” Helen Mining Co., 859 F.3d at 234 . … of discretion qualifies.”

Salvatore Coraggioso v. John Ashcroft, Attorney General of the United States

355 F.3d 730 · Court of Appeals for the Third Circuit · Jan 29, 2004

However, the BIA’s (and hence the IJ’s) interpretation of the INA is subject to established principles of deference. INS v. Aguirre-Aguirre, 526 U.S. 415, 424-25 , 119 S.Ct. 1439 , 143 L.Ed.2d 590 (1999). … The equities of the situation clearly give us pause. Having lived in the United States since the age of four, Coraggioso is more truly an American than an Italian. He is neither a criminal nor a burden on society.

Elias Karkalas v. Linda Marks

Court of Appeals for the Third Circuit · Feb 11, 2021

Qualified immunity shields government officials from liability for civil damages so long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … constitutional right is clearly established.

Palmer K. Schreiber v. Christopher G. Kellogg

50 F.3d 264 · Court of Appeals for the Third Circuit · Mar 17, 1995

As one treatise explained: [T]he trend of the last twenty-five years has been to limit and qualify spendthrift trusts, either by statute or by judicial decisions which create exceptions of the types described at a later point … Internal Revenue Serv., 622 F.2d 387 , 390 (8th Cir.1980) (noting the “well established legal principle that the income from a spendthrift trust is not immune from federal tax liens, notwithstanding any state laws or recognized