Case law

McAdam v. Dean Witter Reynolds, Inc.

896 F.2d 750 · Court of Appeals for the Third Circuit · Feb 13, 1990

As the district court commented, the charge and the interrogatories to the jury “quite clearly separated consideration” of the two types of losses. … In any event, I find it difficult in the circumstances here to accept any interpretation of jury findings that would grant Dean Witter immunity for part of its misappropriation of the funds entrusted to it.

Christobal Rosario v. American Export-Isbrandtsen Lines, Inc. v. United States

531 F.2d 1227 · Court of Appeals for the Third Circuit · Mar 8, 1976

It is well settled that the United States, as sovereign, is immune from suit *1231 except as it consents to be sued and that the terms of its consent to be sued in any court define the court’s jurisdiction to entertain the … Appellee would be able to do indirectly that which he could clearly not do directly.

United States v. Laboy-Torres

553 F.3d 715 · Court of Appeals for the Third Circuit · Jan 29, 2009

In Small , the Supreme Court considered whether a Japanese conviction qualified as a predicate conviction under § 922(g)(1). … This government enjoys the same immunity from suit possessed by the States, Ramirez v. Puerto Rico Fire Service, 715 F.2d 694, 697 (1st Cir.1983).

Heritage Farms, Inc. v. Solebury Township

671 F.2d 743 · Court of Appeals for the Third Circuit · Feb 10, 1982

In this situation, a federal court may abstain to avoid disrupting the efforts of a state “to establish a coherent policy with respect to a matter of substantial public concern.” … The district court did not rely upon Younger abstention, and it clearly has no applicablity to this case.

Kevin McCann v. Unum Provident

907 F.3d 130 · Court of Appeals for the Third Circuit · Oct 5, 2018

All four of the safe harbor’s criteria must be established for an otherwise qualified plan, fund, or program to be exempt from ERISA’s coverage, see Menkes v. Prudential Ins. Co. of Am., 762 F.3d 285, 293 (3d. … Supp. 2d at 370, is clearly erroneous. 33  For these reasons, Dr.

Tinizaray-Narvaez v. Attorney General of the United States

353 F. App'x 758 · Court of Appeals for the Third Circuit · Nov 24, 2009

Dec. 56 (BIA 2001), the Board found that, to establish “exceptional and extremely unusual hardship,” an alien must show that the qualifying relative would suffer hardship substantially beyond that which would normally result … Tuchin’s evaluation clearly outweighed any considerations relating to the IJ’s calendar. See Baires, 856 F.2d at 92 .

Columbia Pictures Industries, Inc. v. Redd Horne, Inc.

749 F.2d 154 · Court of Appeals for the Third Circuit · Nov 23, 1984

A defendant, however, is not immune from liability for copyright infringement simply because the technologies are of recent origin or are being applied to innovative uses. … Clearly, if a place is-public, the size and composition of the audience are irrelevant.

Galloway v. United States

Court of Appeals for the Third Circuit · Jun 21, 2007

The Government argues that § 2055(e) clearly applies to the bequests at issue here. It argues that a split-interest trust is clearly defined by the language of § 2055(e). … His bequest falls clearly within the parameters of § 2055(e)’s disallowance and, therefore, the IRS properly disallowed any charitable deduction.

In Re: Cendant Corp., (Formerly Known as Cuc International, Inc.) Cendant Capital I Lester A. Goldstein, on Behalf of Himself and All Others Similarly Situated Welch & Forbes Inc., an Institutional Investment Manager, Individually and on Behalf of All Others Similarly Situated v. Walter A. Forbes Cosmo Corigliano Anne M. Pember Merrill Lynch & Co. Chase Securities Inc. Henry R. Silverman v. Ernst & Young Cendant Membership Services, Inc. Casper Sabatino Steven P. Speaks Kevin T. Kearney Mary Sattler Howard Sirota

260 F.3d 183 · Court of Appeals for the Third Circuit · Aug 17, 2001

While filing clearly establishes such status, a document may still be construed as a judicial record, absent filing, if a court interprets or enforces the terms of that document, or requires that it be submitted to the court … Clearly, the court had authority to proceed under this Rule and under its inherent disciplinary jurisdiction. 59 The Supreme Court has long established that "[c]courts of justice are universally acknowledged to be vested,

Jessica Ramsay v. National Board of Medical Exam

968 F.3d 251 · Court of Appeals for the Third Circuit · Jul 31, 2020

The Court found that all the experts were qualified, but that the testimony and reports of the experts who met with Ramsay were more persuasive. Id. at *17. … Bd., 462 F.3d 249, 271 (3d Cir. 2006) (“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” (quoting Scully v.

Jean-Pierre v. Bureau of Prisons

497 F. App'x 164 · Court of Appeals for the Third Circuit · Sep 18, 2012

They argued that Jean-Pierre could prove no violation of his constitutional rights, and that they are entitled to qualified immunity. … Malesko, 534 U.S. 61, 72 (2001) (“If a federal prisoner in a BOP facility alleges a constitutional deprivation, he may bring a Bivens claim against the offending individual officer, subject to the defense of qualified immunity

Frebert Bonhometre v. Alberto Gonzales, Attorney General of the United States Immigration and Naturalization Service

414 F.3d 442 · Court of Appeals for the Third Circuit · Jul 15, 2005

Clearly, the BIA has the ability to conduct de novo review of an immigration proceeding 'and the subsequent decision of the IJ, see, e.g., Abdulai v. … Bonhometre would have qualified for relief under the CAT, nor does he point to any evidence demonstrating as much before us now.

Troy Ltd. v. Renna

727 F.2d 287 · Court of Appeals for the Third Circuit · Jan 30, 1984

The Tenancy Act is clearly not a taking of property under the Loretto standard of permanency. … The Court clearly assumed that the creation of the statutory tenancy for private parties was not a taking for public use. 15 Statutory tenancy laws protecting holdover tenants are not takings, but merely regulations of the

Sioe Tjen Wong v. Attorney General of United States

539 F.3d 225 · Court of Appeals for the Third Circuit · Aug 20, 2008

The BIA is bound by the IJ’s factual determinations “including findings as to the credibility of testimony” and reviews these findings only to determine whether they are clearly erroneous. 8 C.F.R. § 1003.1 (d)(3). … To qualify for withholding of removal, a petitioner must “establish a clear probability,” meaning “that it is more likely than not, that he/she would suffer persecution.”

Simmons v. Beard

590 F.3d 223 · Court of Appeals for the Third Circuit · Sep 11, 2009

At trial, the prosecution established a timeline of Simmons’s activities on the day of the murder. … Assuming arguendo that we review this claim under § 2254(d), see Part III.B, supra, we must defer to that conclusion unless it was “contrary to, or involved an unreasonable application of, clearly established Federal law,

United States v. Lisa Ann Minutoli

374 F.3d 236 · Court of Appeals for the Third Circuit · Jul 8, 2004

The well-established precedent of this Court mandates the answer to this question, and the answer is a ringing “no.” I. … Judge Scirica interpreted the statement to mean that the District Court thought that McQuilken’s condition — a left arm injury, and a congenital defect in his left eye — did not qualify him for the requested departure.

Director, Office of Workers' Compensation Programs, United States Department of Labor v. Sun Ship, Inc. (Gertrude Ehrentraut, Claimant)

150 F.3d 288 · Court of Appeals for the Third Circuit · Jul 29, 1998

It is difficult to imagine how Congress could have more clearly established the Board’s deadline for acting. Congress decreed that the Board must act “before September 12th.” In United States v. … The Special Fund was established in 1927 with the enactment of the LHWCA.

Petruska v. Gannon University

462 F.3d 294 · Court of Appeals for the Third Circuit · Sep 6, 2006

In that respect, as the Tenth Circuit noted in Bryce, assertion of the ministerial exception–or, in that case, the “church autonomy doctrine”–is akin to a government official’s defense of qualified immunity, which is often … The Establishment Clause Above and beyond its Free Exercise argument, Gannon contends that resolution of Petruska’s claims would violate the Establishment Clause.

Morales ex rel. Morales v. Bowen

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

In sum, Elba clearly presented to the AU and district court substantial evidence of Santiago’s paternity. Appellant also introduced uncontradicted evidence that Santiago supported Linnette. … Appellant also claims that Linnette qualifies as the child of Herminio under a second provision of the Act.

Miguel Collazo v. Gerald Rozum

646 F. App'x 274 · Court of Appeals for the Third Circuit · Apr 13, 2016

protected by qualified immunity because he believed that there is no existing precedent that a transfer ordered as retaliation would violate an inmate’s rights. … Thus, we affirm the Magistrate Judge’s dismissal of the retaliation claim on the ground that Collazo has not alleged an adverse action and not on the ground of qualified immunity.