Case law

Garrett Kajmowicz v. Matthew Whitaker

42 F.4th 138 · Court of Appeals for the Third Circuit · Jul 21, 2022

The other definition concerns “function[s] or dut[ies] . . . established by regulation[.]” Id. § 3348(a)(2)(B). … Because this requirement is clearly met in the case before us, I agree we should affirm.

United States v. 1964 Ford Thunderbird, Motor and Serial Number 4y85z156657. Appeal of Webster Bivens

445 F.2d 1064 · Court of Appeals for the Third Circuit · Jun 25, 1971

But one who recently and repeatedly has given substantial ground for believing that he is engaging in the forbidden transportation in the area of his usual operations has no such immunity, if the officer who intercepts him … We cannot say that the findings of fact in this case were “clearly erroneous.” See Fed.R.Civ.P. 52(a); Fed. R. Crim.P. 23(c). 6 . See Beck v. Ohio, 379 U.S. 89, 91 , 85 S.Ct. 223 , 13 L.Ed.2d 142 (1964); Henry *1069 v.

Goldstein v. Forbes

260 F.3d 183 · Court of Appeals for the Third Circuit · Aug 8, 2001

The District Court therefore ordered “an auction to determine the lowest qualified bidder to represent the class as counsel.” Id. at 151. … 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

Edward D. Torres v. Metropolitan Life Insurance Company

189 F.3d 331 · Court of Appeals for the Third Circuit · Jun 24, 1999

MetLife does not dispute that Torres qualifies as a prevailing party. … See El Club Del Barrio, 735 F.2d at 100 (rejecting a “silence equals waiver” rule because it “pays inadequate attention to the presumption established in Hensley and Piggie Park in favor of prevailing civil rights plaintiffs

McLendon v. Continental Can Co.

908 F.2d 1171 · Court of Appeals for the Third Circuit · Jul 26, 1990

These findings are not clearly erroneous. The record shows that at a June 1976 meeting, Continental management determined that “St. Louis must be capped no later than 12/78 ... … It is readily apparent when you review the above numbers that all current employees are rule 65/20 qualified and/or 70-75 qualified or each worth $100,000 in unfunded benefit liabilities.

Rolan v. Vaughn

Court of Appeals for the Third Circuit · Apr 18, 2006

The court declared that Aponte’s statement “establishes merely that Aponte was aware that Rolan had engaged in an altercation and was not immune to the potential danger posed by life on the street. … If AEDPA does apply, however, the writ cannot be granted unless the adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established

Gao v. Attorney General

140 F. App'x 396 · Court of Appeals for the Third Circuit · Jul 29, 2005

To establish a claim for asylum or withholding of removal, an applicant must establish that he/she is a “refugee.” 8 C.F.R. § 208.13 . … To qualify for withholding of removal, an alien must establish a clear probability that his/her life or freedom would be threatened on account of one of the five statutory grounds if removed. INA § 241(b)(3). INS v.

Sun Buick, Inc. v. Saab Cars Usa, Inc.

26 F.3d 1259 · Court of Appeals for the Third Circuit · Jun 20, 1994

Saab alleged that it wished to be able to establish replacement Saab representation as soon as possible so that Saab customers in the area would have access to service. 7 On March 2, 1993, Sun Buick filed a complaint with … We have already stated that the power and authority to be exercised by administrative commissions must be conferred clearly and unmistakably by the legislature; a doubtful power does not exist.

E.R. Squibb & Sons, Inc. v. Casper W. Weinberger, Secretary of Health, Education and Welfare, and Charles C. Edwards, Commissioner of Food and Drugs

483 F.2d 1382 · Court of Appeals for the Third Circuit · Aug 24, 1973

for its intended use is lacking.” 5 Section 355(d) of the statute defined “substantial evidence” as: “. . . evidence consisting of adequate and well-controlled investigations, including clinical investigations, by experts qualified … regulations outlining the summary judgment procedure, 21 CFR § 130.14 (b), by its language is not limited to dispositions based on efficacy. 13 Indeed, the regulation dealing with withdrawal of NDAs, 21 C.F.R. § 130.27 , states clearly

Debro Siddig Abdul-Akbar v. Watson, Robert J. Darcy Watson Walter Redman Kay Jacobs U.S. District Court Delaware Department of Corrections

901 F.2d 329 · Court of Appeals for the Third Circuit · Apr 20, 1990

“It is now established beyond doubt that prisoners have a constitutional right of access to the courts.” Bounds v. Smith, 430 U.S. 817, 821 , 97 S.Ct. 1491, 1494 , 52 L.Ed.2d 72 (1977). … essential elements to a § 1983 action are present: (1) whether the conduct complained of was committed by a person acting under color of state law; and (2) whether this conduct deprived a person of rights, privileges, or immunities

C.M. v. Board of Education of Union County Regional High School District

128 F. App'x 876 · Court of Appeals for the Third Circuit · Apr 19, 2005

A plaintiff bears the burden of establishing the harm caused by the claimed procedural shortcomings, and Plaintiffs here clearly have not met that burden. … I would not rule out the possibility that when the facts are fully developed one or more of the individual defendants will be entitled to qualified immunity.

Philip Woodyard v. County of Essex

514 F. App'x 177 · Court of Appeals for the Third Circuit · Mar 5, 2013

To establish a claim under § 1983, a plaintiff “must establish that []he was deprived of a federal constitutional or statutory right by a state actor.” Kach v. Hose, 589 F.3d 626, 646 (3d Cir. 2009). A. … However, because these actions are clearly law enforcement functions, the ECPO is entitled to Eleventh Amendment immunity. Accordingly, the District Court properly granted summary judgment to the ECPO.

Kevin C v. Foundations Behavioral Health

Court of Appeals for the Third Circuit · May 4, 2023

An order qualifies for review under that doctrine if three requirements are met: “the order must (1) conclusively determine the disputed issue, (2) resolve an important issue separate from the merits of the action, and … Welfare, 575 A.2d 545, 549 (Pa. 1990) (“Clearly, the words ‘any of its consequences’ indicate the legislative recognition that discharging a severely mentally disabled person, especially an involuntary admittee who has

Lovell Manufacturing v. Export-Import Bank Of The United States

777 F.2d 894 · Court of Appeals for the Third Circuit · Dec 17, 1985

This judicial reluctance is based upon considerations of sovereign immunity, separation of powers and public policy, such as the fear of binding the government by the improper acts of its agents due to fraud and collusion … However, the agreement then clearly delineates the division of responsibility with regard to the insurance policies issued.

Li Hua Yuan v. Attorney General of US

642 F.3d 420 · Court of Appeals for the Third Circuit · Apr 22, 2011

The Sufficiency of Yuan’s Evidence “To qualify for asylum or withholding of removal, an applicant must establish that he has a well-founded fear that he will be persecuted if removed to his home country on account … Alternative findings are incongruent with clear error review, in which we would expect the BIA to limit its discussion to whether the IJ clearly erred in its factual findings.

No. 81-1928

678 F.2d 453 · Court of Appeals for the Third Circuit · Jun 1, 1982

We do not view the findings as clearly erroneous.VI. 42 The judgment of the district court will be affirmed. … absolute immunity under 42 U.S.C. § 1983 ; Moragne v.

United States v. Handy

224 F.2d 504 · Court of Appeals for the Third Circuit · Jul 11, 1955

A combination of unchallenged facts has made it very difficult for the relator to establish such extreme and pervasive hostility. … Philadelphia Transportation Co., supra. 49 The duty of this court to give consideration to the 'totality of facts in a given case' where the due process clause is invoked, was clearly spelled out by the Supreme Court of the

Tokarcik v. Forest Hills School District

665 F.2d 443 · Court of Appeals for the Third Circuit · Sep 8, 1981

These regulations construe related services to include “school health services,” 34 C.F.R. 300.13(a), which are further defined as “services provided by a qualified school nurse or other qualified person.” 34 C.F.R. 300.13 … This directive is most clearly expressed in 20 U.S.C. § 1412 (5)(B) which requires states to establish procedures to assure that, to the maximum extent appropriate, handicapped children, including children in public or private

Winston v. Children And Youth Services Of Delaware County

948 F.2d 1380 · Court of Appeals for the Third Circuit · Dec 3, 1991

Furthermore, the "courts must show deference to the judgment exercised by a qualified professional." … B. 102 First, the Supreme Court has clearly established that "[f]amily relations are a traditional area of state concern."

Stepnowski v. Commissioner IRS

Court of Appeals for the Third Circuit · Jul 27, 2006

It was established in 1913 and uses the calendar year as its plan year. … “We review the Tax Court’s legal determinations de novo, but we do not disturb its factual findings unless they are clearly erroneous.” Lattera v.