Case law
Opinions from 1658 to today.
9,730 results
1.31s
Takky Zubeda v. John Ashcroft, Attorney General of the United States
333 F.3d 463 · Court of Appeals for the Third Circuit · Jun 23, 2003
Therefore, the Attorney General must withhold deportation if the alien qualifies for relief under INA § 243(h). … However, the Immigration Judge held that Zubeda did qualify for relief under the Convention Against Torture.
Abrogated on other grounds by Auguste v. Ridge, 395 F.3d 123 (2005)Cited 630 timesPublishedSecretary Labor v. Comm Trust Co
Court of Appeals for the Third Circuit · Jan 19, 2007
Abuse of discretion occurs when “the district court’s decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” NLRB v. … We conclude that this is sufficient to qualify REAL VEBA beneficiaries as consumers and, thus, to qualify REAL VEBA a consumer if it is the beneficiaries’ legal representative. 2.
Cited 0 timesPublishedWinston ex rel. Winston v. Children & Youth Services of Delaware County
948 F.2d 1380 · Court of Appeals for the Third Circuit · Nov 7, 1991
Furthermore, the “courts must show deference to the judgment exercised by a qualified professional.” Id. at 322, 102 S.Ct. at 2461. … The procedure followed by the district court is clearly faulty.
Cited 6 timesPublished253 F.2d 165 · Court of Appeals for the Third Circuit · Feb 25, 1958
was the effective date of the Immigration Act of 1924 and had Anselmo entered prior to that date he would have attained a non-deportable status under the provisions of Section 19 of the Immigration Act of 1917, 4 which established … Clearly dispositive are the well-settled principles, earlier cited, that “a question of fact or of law distinctly put in issue and directly determined * * * cannot afterwards be disputed between the same parties”, and where
Cited 18 timesPublishedUnited States v. John Bencivengo
749 F.3d 205 · Court of Appeals for the Third Circuit · Apr 23, 2014
Moreover, when considered for sufficiency of the evidence, the record clearly supports the jury’s conviction on the instructions that were given to it. B. … A judge’s ordinary efforts at courtroom administration—even a stern and short-tempered judge’s ordinary efforts at courtroom administration—remain immune.
Cited 12 timesPublishedCourt of Appeals for the Third Circuit · Jul 11, 1995
Even where a plaintiff can establish a constitutional violation, under the doctrine of qualified immunity government officials will not be liable if "their conduct does not violate clearly … In contrast, if "the law is not established clearly when an official acts, he is entitled to qualified immunity because he 'could not reasonably be expected to anticipate subsequent legal developments.'"
Cited 0 timesUnknown590 F.2d 509 · Court of Appeals for the Third Circuit · Jan 9, 1979
We note that the expert was cross-examined at length and that the plaintiff produced rebuttal evidence from her own highly qualified expert. … David Befeler, a well-qualified surgeon, who testified at some length on voir dire out of the jury’s presence.
Cited 10 timesPublishedTri-Bio Laboratories, Inc. v. United States of America and Food and Drug Administration
836 F.2d 135 · Court of Appeals for the Third Circuit · Feb 1, 1988
“[E]ither the unawareness of the drug product by experts generally or a genuine dispute among qualified experts regarding a drug product’s safety and effectiveness preclude its qualifying for exclusion as ‘generally recognized … Id. at 802 . *142 To establish general recognition, the applicant must produce “evidence consisting of adequate and well-controlled investigations, including field investigation, by experts qualified by scientific training
Cited 27 timesPublishedUnited States v. Salamone, Salvatore
800 F.2d 1216 · Court of Appeals for the Third Circuit · Sep 9, 1986
Juror bias need not be established with “unmistakable clarity.” Witt, 105 S.Ct. at 852 . … The question presented by Gray is was petitioner’s right to fair and impartial jury violated in this capital murder trial by trial court’s excusing for cause of potential juror who was clearly qualified to be seated under
Cited 72 timesPublished360 F.2d 275 · Court of Appeals for the Third Circuit · Apr 1, 1966
Lipshutz is clearly included in that unambiguous language. … Its finding was: “Therefore, if any judgment is recovered against the City, ivhich will establish the fact that the Church was negligent and a wrongdoer, albeit one protected by an immunity from liability for its negligence
Cited 18 timesPublishedCourt of Appeals for the Third Circuit · Feb 20, 2007
We held that there are two routes by which an offense may qualify as an aggravated felony. Id. … Moreover, the criminal complaint clearly establishes that Garcia did in fact sell drugs to an undercover officer.
Cited 0 timesPublished130 F.2d 396 · Court of Appeals for the Third Circuit · Aug 3, 1942
Franz Bernheimer has applied for his first papers but he has not resided in the United States a sufficient length of time to qualify him to receive them. … Morey, 10 Johns. 69 , Chancellor Kent in the first application of these principles by an American court, established the rule that lawful residence in the United States in and of itself operates as a license to sue in the
Cited 10 timesPublishedCourt of Appeals for the Third Circuit · Oct 8, 2003
To establish a prima facie case under the ADEA and the PHRA, Detz asserts that, at the time of his termination, he was qualified for the position he held at Greiner and was capable of continuing to perform it. … On the other hand, in order to establish a prima facie case under the ADEA, a plaintiff must show, among other things, that he was “qualified” for the position he held prior to his termination. See Keller v.
Cited 0 timesPublishedBeazer East, Inc. v. Mead Corporation
525 F.3d 255 · Court of Appeals for the Third Circuit · May 13, 2008
[an administrative order under § 106] would qualify as a ‘civil action.’ ” 543 U.S. at 168 n. 5, 125 S.Ct. 577 . … Mead’s liability under § 113(f)(1) was established by the time of the District Court’s orders in 2002 — well before this Court’s June 23, 2005, opinion in Beazer II.
Cited 47 timesPublishedUnited States v. Carlton Williams
898 F.3d 323 · Court of Appeals for the Third Circuit · Aug 1, 2018
Williams falls short of meeting his burden of proof to establish that his consent was withdrawn. … Dyer , 784 F.2d 812 , 816 (7th Cir. 1986) ("Clearly a person may limit or withdraw his consent to a search, and the police must honor such limitations."); Painter v.
Cited 47 timesPublished629 F.2d 892 · Court of Appeals for the Third Circuit · Sep 2, 1980
A. 12 The district court first determined that appellant had established a prima facie case of age discrimination: 13 He has shown that (1) he belonged to the protected class, (2) that he applied and was qualified for the … Nevertheless, the "general concern" of the Board, as found by the court, was that "Barry was more articulate and could present himself and his position more clearly than could Smithers." Smithers at 15.
Cited 1 timesPublishedRestrepo v. Attorney General of US
617 F.3d 787 · Court of Appeals for the Third Circuit · Aug 16, 2010
Restrepo argues that this conviction does not qualify as an aggravated felony under the Immigration and Nationality Act (“INA”). … and cannot be clearly defined by a simple cross-reference.
Cited 71 timesPublishedUnited States v. Andrew F. Galo
239 F.3d 572 · Court of Appeals for the Third Circuit · Feb 6, 2001
Watkins argued that the prosecution’s reliance upon documentary evidence to establish that his prior state convictions qualified as enhancements under § 924(e) failed to meet the government’s burden of proof at sentencing … The statute clearly relates to a breach of the duty of care rather than sexual abuse or exploitation.
Cited 39 timesPublished402 F.2d 878 · Court of Appeals for the Third Circuit · Oct 2, 1968
After examining the evidence we are unanimous in finding it inadequate to establish any negligence by the individual defendants. 9 The judgment of the district court will be affirmed. 10 KALODNER, Circuit Judge, concurs in … Elbert, 348 U.S. 48, 54 , 75 S.Ct. 151 , 99 L.Ed. 59 (1954), Frankfurter, J., concurring 11 BIGGS, Circuit Judge (dissenting in part and concurring in part). 12 As a Senior Circuit Judge, 28 U.S.C. § 371 (b), I was not qualified
Cited 28 timesPublishedJeremy Davis v. Christie Beers
421 F. App'x 179 · Court of Appeals for the Third Circuit · Apr 5, 2011
Edge on qualified immunity grounds.” Appellant’s br. at 4. … By any objective analysis there is no way that a court could deny Edge qualified immunity in this case. Whatever the extent of Davis injury he brought it on himself.
Cited 1 timesUnpublished
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