Case law

United States v. Eric Scott

14 F.4th 190 · Court of Appeals for the Third Circuit · Sep 22, 2021

This is not such an exceptional case. 6 precedent must be combined with some other factor – such as a concession by the government26 or a clearly erroneous application of statutory law27 … – to establish plain error.

In Re Susanne Gutpelet, Debtor, Susanne Gutpelet

137 F.3d 748 · Court of Appeals for the Third Circuit · Mar 3, 1998

Therefore, the Debtor contends, the funds were immune from process under Pennsylvania law and are exempt under § 522(b) of the Bankruptcy Code. … was not clearly erroneous.

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION v. GREYHOUND LINES, INC., (2 Cases) Appellant

635 F.2d 188 · Court of Appeals for the Third Circuit · Oct 15, 1980

The issue on appeal, therefore, is whether these findings can be affirmed under the “clearly erroneous” test which we are bound to follow. Fed.R.Civ.P. 52(a). … was qualified for the job, was rejected, and that the position remained open.

Fikiri Lusingo v. Alberto Gonzales, Attorney General of the United States

420 F.3d 193 · Court of Appeals for the Third Circuit · Aug 19, 2005

Under the Immigration and Naturalization Act (“INA”), the Attorney General has discretion to grant asylum to an alien who qualifies as a “refugee.” See 8 U.S.C. § 1158 (b)(1). … An alien qualifies as a “refugee” by establishing either past perseeution or a well-founded fear of future persecution because of “race, religion, nationality, membership in a particular social group, or political opinion

Jennifer Komlo v. United States

657 F. App'x 85 · Court of Appeals for the Third Circuit · Aug 12, 2016

The Tax Court found she was not liable for any of the delinquent taxes from 1993, 1994, 1995, or 1997 because she qualified as an innocent spouse under 26 U.S.C. § 6015(c). A23-24. … In so doing, she contends that if the levy sought to be established was based on an invalid assessment, then the IRS’s disclosure in pursuit of establishing that levy was wrongful.

Cardona Toro v. Attorney General of the United States

371 F. App'x 279 · Court of Appeals for the Third Circuit · Mar 23, 2010

Elias-Zacarias, 502 U.S. 478 , 481 n. 1, 112 S.Ct. 812 , 117 L.Ed.2d 38 (1992) (emphasis in original). *282 To qualify for asylum, Cardona was required to establish that he is “unable or unwilling to return to [Colombia] … To qualify for withholding of removal, Car-dona was required to establish that his “life or freedom would be threatened” on the basis of the categories listed in the asylum statute.

United States v. Risha

Court of Appeals for the Third Circuit · Apr 24, 2006

At Risha’s second trial, the one at issue here, Caito testified that he had been given immunity for his testimony. … Caito was represented by the same attorney in the state court prosecution and the federal grant of immunity.

Anthony Allen v. Lawrence DeBello

861 F.3d 433 · Court of Appeals for the Third Circuit · Jun 27, 2017

Lepis, 416 A.2d 45, 55 (N.J. 1980) (“We therefore hold that a party must clearly demonstrate the existence of a genuine issue as to a material fact before a hearing is necessary . . . . … We note, however, that the District Court did not rule on the merits of Plaintiffs’ claims because it dismissed the complaint on procedural grounds. 12 generally ‘immune from a suit for

Thomas M. Ferrill, Jr. And Louise B. Ferrill v. Commissioner of Internal Revenue

684 F.2d 261 · Court of Appeals for the Third Circuit · Aug 6, 1982

Earlier in that year, they investigated the possibility of establishing a restaurant franchise, in the hope of obtaining income tax deductions for interest and depreciation. … The Commissioner has broad discretion in determining whether a taxpayer’s method of accounting clearly reflects his income. Commissioner v.

Sporck v. Peil

759 F.2d 312 · Court of Appeals for the Third Circuit · Apr 18, 1985

Respondent argues, however, that the trial court correctly ordered the identification of the documents used to prepare petitioner for his deposition, either under a theory of waiver of work product immunity, or through a … Review of discovery orders clearly falls within the appellate jurisdiction of the federal courts. See, e.g., Hickman v. Taylor, 329 U.S. 495 , 67 S.Ct. 385 , 91 L.Ed. 451 (1947). .

Megan Exel v. Nichole Govan

708 F. App'x 82 · Court of Appeals for the Third Circuit · Jan 9, 2018

For these reasons, the District Court correctly decided that, for purposes of qualified immunity, no clearly established law existed to put a reasonable official on notice that she or he could offend the Constitution by … But, for the reasons we just explained, we conclude that the District Court properly based its decision to grant qualified immunity to Govan on the absence of clearly established law.

United States v. Paul G. Sczubelek

402 F.3d 175 · Court of Appeals for the Third Circuit · Mar 21, 2005

Knights , however, does not establish the constitutional floor below which searches are unconstitutional. … The DNA Act clearly delineates the offenses for which a sample must be taken and from whom the sample must be taken. See 42 U.S.C. § 14135a(a)(l), (2).

Flory v. Pinnacle Health Hospital[s]

346 F. App'x 872 · Court of Appeals for the Third Circuit · Sep 30, 2009

. § 951 et seq. 2 The Court granted Pinnacle’s motion for summary judgment on all three causes of action, concluding that Flory: (1) failed to establish that she was “qualified” for her position as required for her discriminatory … of employment.” 42 U.S.C. § 12112 (a). *876 To establish a prima facie case of disparate treatment, a plaintiff must demonstrate that he or she: (1) has a disability; (2) is a qualified individual; and (3) has suffered an

No. 05-2788

447 F.3d 196 · Court of Appeals for the Third Circuit · May 10, 2006

Accordingly, it determined that the only acts "immunized from review by § 1252" are those constituting "'matters of pure discretion, rather than discretion guided by legal standards.'" Id. … United States, 345 F.3d 683 , 690 (9th Cir.2003)). 21 Addressing § 1155, the ANA International court then held that within this statute Congress clearly "authorize[d] some measure of discretion" by using the phrase "may,

Croft v. Westmoreland County Children & Youth Services

103 F.3d 1123 · Court of Appeals for the Third Circuit · Jan 6, 1997

They argued that defendant Danovsky was entitled to qualified immunity for her actions and that the county and WCCYS enjoyed municipal immunity from the charges. … SCAN Volunteer Services, Inc., 85 F.3d 1365, 1371 (8th Cir. 1996) (holding child care worker entitled to qualified immunity in § 1983 action where he or she removes child on reasonable suspicion of child abuse); cf. 42

Taylor v. Chafitz

461 F.2d 621 · Court of Appeals for the Third Circuit · May 24, 1972

The facts of this case clearly do not call for a medical examination under any reasonable interpretation of AR 140-120. … In short, the appellant not only did not establish a prima facie case for a medical examination, but the detailed information he supplied tended to establish a prima fa-cie case for the opposite proposition.

Thompson v. Commissioner of Internal Revenue. Couse v. Commissioner of Internal Revenue

205 F.2d 73 · Court of Appeals for the Third Circuit · Jun 8, 1953

Clearly, if Thompson’s mother had sold her stock to him before dissolution respondents could not claim there had been an assignment. … Taxation is an intensely practical matter, and, it deals with realities not semblances; with substance and not form, as we have pointed out in the past. 22 In the instant case the record clearly establishes that on October

United States v. Upshaw, Allen

895 F.2d 109 · Court of Appeals for the Third Circuit · Feb 22, 1990

According to Up-shaw, the evidence at his trial did not establish that his conduct caused a substantial delay in the mails, and thus the government failed to establish that he had violated the statute. … Here, as the delay clearly was measurable, the order of July 7, 1989, will be affirmed. 1 . There is some question as to our standard of review in this case.

Government of the Virgin Islands v. Beaumont Gereau, in Nos. 74-2019, 74-2020, 74-2021, 74-2022,74-2023

523 F.2d 140 · Court of Appeals for the Third Circuit · Sep 3, 1975

Some adopt the position that the “clearly erroneous” standard of F. R. … Although it may appear, superficially, that they might qualify as communications between jurors and third parties, closer examination establishes that the rumors do not resemble that class of cases either. *235 The third-party

In Re Paoli Railroad Yard PCB Litigation

35 F.3d 717 · Court of Appeals for the Third Circuit · Oct 17, 1994

Sherman was not qualified to testify as an expert. It explained that Dr. … Kopstein's testimony had only been offered for the purpose of establishing plaintiffs' "opportunities for exposure" to PCBs and thus could not establish a continuing health hazard.