Case law

McCullough v. Redevelopment Authority

522 F.2d 858 · Court of Appeals for the Third Circuit · Jul 9, 1975

These surveys shall also be the basis for the establishment of PRS. … Such evidence clearly substantiates the district court’s finding that: “If any Plaintiff could demonstrate that his property qualifies for acquisition in accordance with criteria developed by the Redevelopment Authority,

Harry BELLAS, v. CBS, INC.; Westinghouse Pension Plan, Appellants

221 F.3d 517 · Court of Appeals for the Third Circuit · Aug 14, 2000

Section 411(d)(6) provides that a qualified pension plan shall not be treated as satisfying section 411, and therefore is not qualified under IRC § 401(a), if the accrued benefit of a participant is decreased or eliminated … While the data presented by amicus certainly establishes that the total value of the subsidy is less for the person who qualifies for the benefit at an . age that is closer to normal retirement age, the data does not support

Bernitsky v. United States

620 F.2d 948 · Court of Appeals for the Third Circuit · Mar 19, 1980

We can do so because it is well established that we are free to affirm the judgment of the district court on any basis which finds support in the record. Harold Friedman, Inc. v. … Since the inspector concededly had the statutory authority to issue the Withdrawal Order and accepting, as we must for this purpose, the causation alleged, the issue thus clearly emerges: Does the issuance of that Order,

United Steelworkers of America v. Crane Company and Its Subsidiary, Acheson Manufacturing Company

605 F.2d 714 · Court of Appeals for the Third Circuit · Sep 19, 1979

That instrument only confirms the eligibility established by section 18(B)(4)(a) of the Collective Bargaining Agreement. … It clearly and unmistakably must be established before it can be relied upon as a bar to recovery. Radio Television Technical School v. NLRB, 488 F.2d 457 , 461 (3d Cir. 1973) (emphasis supplied and citation omitted).

Parastoo Fatin v. Immigration & Naturalization Service

12 F.3d 1233 · Court of Appeals for the Third Circuit · Dec 20, 1993

The particular kind of group characteristic that will qualify under this construction remains to be determined on a case-by-case basis. … in order to qualify for withholding of deportation or asylum based on membership in such a group.

Phyllis J. Stahl and Morris Stahl, Her Husband, and Mollie Lynn Stahl, a Minor, by Phyllis J. Stahl, Her Guardian Ad Litem v. Ohio River Company v. G. M. Crain River Towing, Inc. Morris Stahl

424 F.2d 52 · Court of Appeals for the Third Circuit · Apr 1, 1970

To do so would enable a third-party defendant to effectuate what an original defendant clearly may not. … This language, unlike the language permitting third-party defendants to plead "claims" against a plaintiff, clearly recognizes contingent liability.

Arthur Bonessa v. United States Steel Corp., and Director, Office of Workers' Compensation Programs, U.S. Department of Labor, Party in Interest

884 F.2d 726 · Court of Appeals for the Third Circuit · Nov 29, 1989

He then argues that the medical evidence presented under § 718.204(c)(4) clearly demonstrated that he was totally disabled due to pneumoconi-osis. … Clearly distinguishable from Bonessa’s claim is Baumgartner v.

Charles Texter v. Todd Merlina

333 F. App'x 680 · Court of Appeals for the Third Circuit · May 26, 2009

Texter does not further explain his claim, other than arguing that qualified immunity is more appropriately addressed at the summary judgment stage rather than on a motion to dismiss. … To the extent Texter contends that the District Court erred in granting the motions to dismiss of prosecutors Jill McCracken and John Nelson based on absolute and qualified immunity, we disagree.

Gagliardi v. Flint

564 F.2d 112 · Court of Appeals for the Third Circuit · Dec 6, 1977

Pape sense of absolute immunity from suit. … They establish that federal common law does encompass the remedy of recovery of money damages.

White v. Beal

555 F.2d 1146 · Court of Appeals for the Third Circuit · May 5, 1977

The plaintiff class is composed of individuals generally qualifying for benefits under Pennsylvania’s medical assistance program established under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 , et seq. … A person who cannot see clearly beyond a short distance from his face because of a refractive error may not be given eyeglasses under the Pennsylvania plan, but a person with only slightly impaired vision, caused by pathology

Thomas Gage v. Frank Provenzano

571 F. App'x 111 · Court of Appeals for the Third Circuit · Jul 3, 2014

We also affirmed the District Court’s ruling that Provenzano was entitled to qualified immunity because he acted pursuant to a state-court judgment. See id. at 51. … Gage has not argued on appeal that the District Court erred in that regard, however, and any such error would be harmless because his claims against Provenzano are clearly barred for the reasons explained by the District

Sebki v. Attorney General of the United States

378 F. App'x 184 · Court of Appeals for the Third Circuit · Apr 23, 2010

“The threshold for establishing eligibility for withholding of removal is higher than that for establishing entitlement to asylum and requires the alien to demonstrate a ‘clear probability’ that, upon removal to the country … However, "[r]ecasting challenges to factual or discretionary determinations as due process or other constitutional claims is clearly insufficient to give this Court jurisdiction^]” Jarbough, 483 F.3d at 190 .

United States v. Chris Hickman

991 F.2d 1110 · Court of Appeals for the Third Circuit · Apr 16, 1993

The sentencing judge here clearly understood this reliance that the clients had placed upon defendant's exercising good faith. … They gave him the total responsibility to construct their home; he assured them he was qualified and responsible.

Morales v. Bowen

833 F.2d 481 · Court of Appeals for the Third Circuit · Nov 18, 1987

In sum, Elba clearly presented to the ALJ and district court substantial evidence of Santiago's paternity. 23 Appellant also introduced uncontradicted evidence that Santiago supported Linnette. … Under the statute, simple evidence of paternity is sufficient to qualify Linnette for survivor's benefits.

Errol O'Neil Nugent v. John Ashcroft, Attorney General of the United States, Errol O'Neil Nugent v. Patricia Mullin, Assoc. Special Agent in Charge of the Philadelphia Office of United States Immigration and Customs and Enforcement (Usice) of the Department of Homeland Security Theodore Nordmark, Assistant District Director for Deportation and Detention of Usice in Philadelphia the Department of Homeland Security

367 F.3d 162 · Court of Appeals for the Third Circuit · May 7, 2004

Therefore, in order to qualify as an aggravated felony, it must be shown that Nugent's conviction for theft by deception qualifies under the statutory definitions for both theft offenses and fraud/deceit offenses. … for the offense to qualify as an aggravated felony.

John Lesko v. Secretary Pennsylvania Departm

34 F.4th 211 · Court of Appeals for the Third Circuit · May 17, 2022

He fails to establish prejudice. See Palmer, 592 F.3d at 394 (courts may resolve a Strickland claim by concluding that prejudice has not been established). … Levit, and counsel was not ineffective for relying on a qualified expert who missed a diagnosis. See id. at 382.

West v. Bowen

879 F.2d 1122 · Court of Appeals for the Third Circuit · Jun 30, 1989

A’s members with a meaningful opportunity to establish their entitlement.” … Clearly, the statutory process invoked by § 2012(r) survives such a review. C.

Ramada Development Company v. Martin W. Rauch, Defendants-Third Party J. Stewart Stein, Third Party

644 F.2d 1097 · Court of Appeals for the Third Circuit · May 14, 1981

This sentence was intended to prevent one from being able to “immunize from admissibility documents otherwise discoverable merely by offering them in a compromise negotiation.” … He alleges that the district court’s finding is supported by no evidence and accordingly must be reversed as clearly erroneous.

United States v. Michael McClenton

53 F.3d 584 · Court of Appeals for the Third Circuit · Apr 14, 1995

The sole issue in dispute is whether McClenton’s three prior convictions for burglary qualify as “crimes of *587 violence” within the meaning of Section 4B1.1. … "However, in our view, the third prong quite clearly permits the court to examine the defendant’s actual conduct to ascertain whether the conduct posed a sufficient potential risk of physical injury to another to elevate

Robert S. v. Stetson School

256 F.3d 159 · Court of Appeals for the Third Circuit · Jul 3, 2001

Id. 18 In light of Rend ell-Baker, it is apparent that many of the factors upon which Robert relies here are insufficient to establish state action. … S 6351(a)(2)(iii), but also to "[a]ny individual resident within or without [the] Commonwealth" who is found to be qualified or to a qualified "private organization." 42 PA. CONS. STAT. ANN.