Case law

Doherty v. Rutgers School Of Law-Newark

651 F.2d 893 · Court of Appeals for the Third Circuit · Jun 16, 1981

The factors in the second stage and their weight are established by the Faculty-Student Admissions Committee. … He clearly was qualified for admission and the trial court so found. Bakke v. Regents of the University of California, slip op. at 5, No. 31287 (Calif.Super.Ct.

Jane Doe v. Mercy Catholic Medical Center

850 F.3d 545 · Court of Appeals for the Third Circuit · Mar 7, 2017

particular order, these features are that (A) a program is incrementally structured through a particular course of study or training, whether full- or part-time; (B) a program allows participants to earn a degree or diploma, qualify … Johnson’s inapplicability was especially plain, the Court found, because private employment doesn’t raise “problems of sovereign immunity.” Id.

Brotherhood of Railroad Trainmen on Monongahela Connecting Railroad v. Railroad Retirement Board

410 F.2d 353 · Court of Appeals for the Third Circuit · May 6, 1969

The Railroad Retirement Act of 1937 established annuities for qualified retiring railroaders. 45 U.S.C. § 228 . … Title I of the Bill as passed (P.L. 89-699) provided for the establishment of the supplemental annuities program.

Knauss v. Gorman

583 F.2d 82 · Court of Appeals for the Third Circuit · Aug 11, 1978

We are confronted in this case with two questions regarding employee-union joint pension funds established under the Taft-Hartley Act. … If the provision by which these contributions were escheated to the Local Fund clearly violated § 302, for instance by denying benefits to opponents of the Local president, it could not be argued that the National Fund would

In re: Beverly Ohntrup v.

628 F. App'x 809 · Court of Appeals for the Third Circuit · Oct 9, 2015

able to present some evidence arguably indicating that the property does not fall under the 2 Ohntrup objects to the District Court’s admission of the DSP-83s, arguing that they are hearsay and do not qualify … Factory is ready to meet all domestic and international demand in military or civilian projects” (A147)), this does not necessarily mean that the district court thereby abused its discretion by finding that the other party established

Berg Chilling Systems, Inc. v. Hull Corp.

369 F.3d 745 · Court of Appeals for the Third Circuit · May 25, 2004

clearly erroneous. … Clearly this conclusion was liability is established on this [i.e. incorrect as the plain language of the contractual] basis, it is not necessary to Asset Purchase Agreement precludes a

Donovan v. Metropolitan District Council of Carpenters

797 F.2d 140 · Court of Appeals for the Third Circuit · Aug 1, 1986

The Council establishes election procedures for each election based on recommendations of the presidents of the local unions. … This is not to say that anything said at a Council meeting and reported in the minutes is thereby immune from scrutiny under 401(g); on the contrary, union officers may not use official time or minutes distributed with union

Syed v. Hercules Inc.

214 F.3d 155 · Court of Appeals for the Third Circuit · May 30, 2000

Because Syed would no longer qualify for benefits after the 24-month period lapsed, Provident notified Syed that his benefits would be terminated as of March 31, 1994. … The letter went on to identify several jobs for which Syed would be qualified given his present physical condition. See App. at A7.

Robinson v. Napolitano

554 F.3d 358 · Court of Appeals for the Third Circuit · Feb 2, 2009

She notes, for example, that 8 C.F.R. § 204.1 (a)(1) provides that the citizen spouse must "file" Form I-130 for a qualifying relative and 8 C.F.R. § 103.2 (b)(12) provides that evidence in response to a request must establish … Regarding the majority's structural interpretation of 8 U.S.C. 115 1(b)(2)(A)(i), I *370 do not agree that the second sentence clearly modifies the first sentence.

Aldens, Inc. v. Packel

524 F.2d 38 · Court of Appeals for the Third Circuit · Aug 27, 1975

Aldens is neither required to collect nor to remit Pennsylvania use taxes nor to qualify nor to register to do business in Pennsylvania. It accepts or rejects all orders for merchandise in Chicago. … Those state statutes closing the courts to foreign corporations which fail to qualify locally are paradigms of our category 2(c).

Skunda v. Pennsylvania State Police

47 F. App'x 69 · Court of Appeals for the Third Circuit · Aug 13, 2002

some clearly established statutory or constitutional right. … Accordingly, we conclude that Crouch is entitled to summary judgment on the ground of qualified immunity. (Opinion 6).

Affinito v. Hendricks

Court of Appeals for the Third Circuit · May 4, 2004

Rather, the state A decision is “contrary to” clearly court’s application of Supreme Court established federal law “if the state court precedent must have been “objectively arrives at a conclusion … In fact, Ferretti’s uncontroverted was a reasonable tactical decision because testimony establishes him as an expert his and Portnow’s evaluations, while not qualified in the field of psychiatry who has

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

Public Funds for Public Schools v. Byrne

590 F.2d 514 · Court of Appeals for the Third Circuit · Jan 12, 1979

On two of these grounds, New Jersey’s exemption is clearly closer to the law in Nyquist, than it is to the law in Walz . … The tax benefits were “designed to provide a form of relief to those who fail to qualify for tuition reimbursement.” 413 U.S. at 765, 93 S.Ct. at 2961.

Toure v. Atty Gen USA

Court of Appeals for the Third Circuit · Apr 5, 2006

The legal precepts underlying Toure’s claim are well established. The Attorney General has the discretionary power to grant asylum to an alien who qualifies as a refugee within the meaning of 8 U.S.C. § 1101(a)(42)(A). … Even more significant, the persecutors’ statements clearly indicate that the persecutions were politically and ethnically motivated.

Cha Liang v. Attorney General United States

15 F.4th 623 · Court of Appeals for the Third Circuit · Oct 12, 2021

The question of what events occurred or may occur “is factual in nature and is subject to clearly erroneous review by the BIA” and substantial evidence review by this Court; while the question of “whether those events meet … Wilkinson, 990 F.3d 350, 359 (4th Cir. 2021) (“We repeatedly have held that death threats qualify as persecution. . . .

Swin Resource Systems, Inc. v. Lycoming County, Pennsylvania

883 F.2d 245 · Court of Appeals for the Third Circuit · Aug 25, 1989

New Hampshire, 455 U.S. 331 , 338 n. 6, 102 S.Ct. 1096 , 1100 n. 6, 71 L.Ed.2d 188 (1982) (characterizing Reeves as establishing that "a state may confine to its residents the sale of products it produces " and refusing to … Justice Blackmun, the author of Reeves, dissented on the ground that the majority position would effectively permit any degree of market participation to render a state activity immune from Commerce Clause intrusion. 460

Pleasant Summit Land Corp. v. Commissioner

863 F.2d 263 · Court of Appeals for the Third Circuit · Nov 25, 1988

The record, however, does not clearly establish that PSA paid the $500,-000. Of course, this assumption of obligations did not transform the nonrecourse debts to recourse obligations. … Once the fair market value was established the court turned to the issue of the excessive nonrecourse debt.

North American Specialty Insurance Company v. Shirley Myers

111 F.3d 1273 · Court of Appeals for the Third Circuit · Apr 16, 1997

The District Court later denied a motion for reconsideration filed by the Myers estate and Colwell; in that motion, appellants presented an affidavit which assertedly established that Arthur Huffman had satisfied the conditions … Because the binder contains no special section explicitly designating CFIs as proper operators, and because the "Special Pilot Provisions" clearly do not apply to CFIs, coverage can occur when a CFI was piloting the plane

Parker v. NutriSystem, Inc.

620 F.3d 274 · Court of Appeals for the Third Circuit · Sep 7, 2010

Here, the parties agree that under § 7(i), NutriSystem qualifies as a retail establishment and that its sales associates’ regular rate of pay is more than one and one-half times the 9 federal … NutriSystem clearly has not demonstrated that the flat-rate fees are proportionally related to the cost to the customer.