Case law

United States v. Todd R. Davies

394 F.3d 182 · Court of Appeals for the Third Circuit · Jan 13, 2005

This view is clearly sound. In Massaro v. … Thereafter, it determined that the evidence as a whole established Davies’s guilt.

Richard H. Heasley, Sr. And Doris G. Heasley v. Belden & Blake Corporation

2 F.3d 1249 · Court of Appeals for the Third Circuit · Jul 30, 1993

For these reasons, we are unable to determine whether the district court’s conclusion that the transplant was not an experimental procedure was clearly erroneous. … Any other result, the court reasoned, would enable the insurer "[to] immunize itself from liability ... simply by creating a plan which provides that it will *1261 deny claims for medical procedures if the insurer’s internal

Caroleo v. Atty Gen USA

Court of Appeals for the Third Circuit · Feb 7, 2007

It is in this context – i.e., determining whether an alien’s underlying conviction qualifies as moral turpitude thereby establishing removability – that some cases have held that crimes like those for which Caroleo was convicted … The substance of the inquiry has been expressed in a variety of ways, but the term “ground” has not been clearly defined by the courts.

Beavers v. West Penn Power Co.

436 F.2d 869 · Court of Appeals for the Third Circuit · Jan 21, 1971

The parents denied Bell’s allegations and set up the intra-family tort immunity doctrine as a defense. … The agreement was clearly designed to prevent the unsightly and uneconomical duplication of utility poles.

United States v. John Jumper

74 F.4th 107 · Court of Appeals for the Third Circuit · Jul 14, 2023

We conclude that “Congress expressly established a preference for disgorgement to be a civil remedy.” See Dyer, 908 F.3d at 1002. … Garner, Reading Law: The Interpretation of Legal Texts 147 (2012) (Series-Qualifier Canon). So a “penalty within the meaning of § 2462” is a “civil penalty.” Cf. Gabelli v.

In re BH & P Inc.

949 F.2d 1300 · Court of Appeals for the Third Circuit · Dec 5, 1991

Thus, in reviewing the district court’s review of the bankruptcy court’s factual findings, we, like the district court, employ the “clearly erroneous” standard.... … The bankruptcy court found that Maggio failed to qualify as a “disinterested person” under each of these provisions.

Kania v. Potter

358 F. App'x 338 · Court of Appeals for the Third Circuit · Dec 22, 2009

To establish a prima facie case of disability discrimination under the Rehabilitation Act, 4 a plaintiff must show that he (1) has a “disability,” (2) is otherwise qualified to perform the essential functions of the job, … The District Court determined that Kania failed to establish the first element of his prima facie case because he did not qualify as an “individual with a disability” under any of these definitions. We agree. 5 A.

Singh v. Gonzales

432 F.3d 533 · Court of Appeals for the Third Circuit · Jan 3, 2006

It is well-established that attempt cannot be established without a mental state of specific intent. See Knapik v. … However, Congress clearly intended REAL ID § 106(a)(1)(A)(iii) to "apply to any case `in which the final administrative order of removal, deportation, or exclusion was issued before, on, or after the date of enactment.'"

Chen v. Atty Gen USA

Court of Appeals for the Third Circuit · Jun 20, 2007

Section 1101(a)(42)(B) establishes that forced abortion and sterilization constitute persecution. … Having established that a petitioner may qualify for asylum on the basis of a well-founded fear that his spouse may face forced abortion or sterilization, we now turn to the text of the BIA decision before us.

JC Penney Life Ins v. Pilosi

Court of Appeals for the Third Circuit · Dec 28, 2004

of a “qualified player.” … The flights that Caesars chartered were clearly not open to anyone with money who wanted to fly. The fact that Mrs.

United States v. Christopher Miller

Court of Appeals for the Third Circuit · Apr 3, 2026

In Helbling, we deferred to the Commission’s interpretative commentary in defining “participant” and “otherwise extensive” when establishing the test to determine what qualifies as “otherwise extensive.” … Applying the post- Nasir understanding of § 3B1.1(a) and deferring to the commentary and Helbling analysis to the District Court’s factual findings, which are not clearly erroneous, reveals that Miller qualified for the leadership

Tabu McClure v. Commissioner Jeffrey Haste

Court of Appeals for the Third Circuit · Jul 8, 2020

Finally, the Defendants argue that they are entitled to qualified immunity because, even if there was an Eighth Amendment violation, the right at play was not clearly established. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Eve Atkinson v. Lafayette College Arthur J. Rothkopf, Esquire, Individually and as President of Lafayette College

460 F.3d 447 · Court of Appeals for the Third Circuit · Aug 21, 2006

This Court will assume, without deciding, that Atkinson established a prima facie case of discrimination. … Thus, neither this, nor any of her other arguments, overcomes the clearly unambiguous wording of her appointment letter. 5 .

United States of America, at No. 95-2086 v. Anthony Cornish, A/K/A Jerjuan Mitchall, at No. 95-2101

103 F.3d 302 · Court of Appeals for the Third Circuit · Jan 31, 1997

(federal attempted bank robbery conviction “clearly” is a “violent felony” under § 924(e)), cert. denied, 493 U.S. 890 , 110 S.Ct. 233 , 107 L.Ed.2d 185 (1989); United States v. … The government submitted certified copies of Cornish's three prior robbery convictions to establish the following record of convictions: 1.

Gavalik v. Continental Can Co.

812 F.2d 834 · Court of Appeals for the Third Circuit · Feb 19, 1987

It had two aspects: (a) sheltering or keeping employed 70/75 qualified employees so that their employment was assured throughout their normal careers; and (b) preventing further employees from qualifying for 70/75 pensions … A finding to the contrary would be clearly erroneous.

Allied Signal Recovery Trust v. Allied Signal Inc.

298 F.3d 263 · Court of Appeals for the Third Circuit · Jul 31, 2002

Contrary to Allied Signal’s position, we conclude that under our precedent in Bloom , we are dealing with a court order that does not qualify as a “remand” because it sends the case elsewhere, not back. … As we explain below, however, the sending of a case to a stranger court is clearly an unauthorized exercise of judicial power.

Joseph Watson v. Gerald Rozum

834 F.3d 417 · Court of Appeals for the Third Circuit · Aug 23, 2016

We therefore concluded that, even if he could establish a ‘prima facie First Amendment retaliation case, the same decision defense applied. … Lest anyone draw too much encouragement from the word “essentially,” the Court later restated its test without that qualifier. See Hartsfield v.

Serna-Garcia v. Attorney General of the United States

346 F. App'x 778 · Court of Appeals for the Third Circuit · Sep 24, 2009

Serna-Garcia also argues that torture at the hands of FARC qualifies for protection under CAT because FARC operates as an "alternative government.” … The IJ took over cross-examination from the Government's counsel to establish that Serna-Garcia had not mentioned her brother at her airport or credible fear interviews. (A. 174-79.)

Daryoush Taha v. County of Bucks

862 F.3d 292 · Court of Appeals for the Third Circuit · Jul 6, 2017

They contend that CHRIA does not permit the imposition of punitive damages on government agencies because CHRIA does not contain a targeted waiver of sovereign immunity. … It therefore held that CHRIA includes a legislatively targeted waiver of sovereign immunity. See J.A. at 23a-24a.

United States v. Rose

365 F. App'x 384 · Court of Appeals for the Third Circuit · Feb 18, 2010

The March 13 letter is obviously not an indictment and does not otherwise qualify as a formal charge. … Conclusion Because Rose has failed to establish that the government infringed upon his federal speedy trial guarantees, the judgment of conviction will be affirmed.