Case law

Hunterson v. Disabato

308 F.3d 236 · Court of Appeals for the Third Circuit · Oct 10, 2002

established federal law erroneously or incorrectly. … When considering a writ of habeas corpus, it is only for the District Court to consider whether clearly established Supreme Court precedent was applied unreasonably.

Juarez-Gonzalez v. Attorney General United States

388 F. App'x 92 · Court of Appeals for the Third Circuit · Aug 2, 2010

Our review of legal determinations is de novo, “subject to established principles of deference.” Wang v. Ashcroft, 368 F.3d 347, 349 (3d Cir.2004) (citing Chevron v. Nat. Res. Def. … States ... with respect to immigrant aliens who are inadmissible under [ 8 U.S.C. § 1182 (a)(2) ] in cases involving violent or dangerous crimes, except in extraordinary circumstances, such as ... cases in which an alien clearly

United States v. Gerald Olgin, Marilyn Olgin, Jerome Shapiro, James F. O'brocta. Appeal of James F. O'BrOcta

745 F.2d 263 · Court of Appeals for the Third Circuit · Oct 2, 1984

For the most part, the test set forth by the majority clearly and accurately restates the law as previously formulated by this Court. … The court went on to re-state such conclusion in the context of re-establishing the jury’s role as factfinder.

J. B. v. James Fassnacht

801 F.3d 336 · Court of Appeals for the Third Circuit · Sep 15, 2015

The Sixth Circuit granted qualified immunity, holding that the right of juvenile detainees to be free from strip searches was not clearly established at the time. … According to the Sixth Circuit, “[i]f this case involved adult detainees, Florence clearly holds that there would be no constitutional violation.

Sandoz Pharmaceuticals Corporation v. Richardson-Vicks, Inc.

902 F.2d 222 · Court of Appeals for the Third Circuit · Apr 24, 1990

First, the FDA appoints an advisory review panel of independent qualified experts. … was clearly erroneous.

Joanne Bair v. American Motors Corporation

473 F.2d 740 · Court of Appeals for the Third Circuit · Jan 22, 1973

. *742 The district court • ruled that Pruyn was qualified to express such opinions; appellant claims unenthusiastically. … Clearly it recognizes such a general exception with respect to mortality tables. E. g., Rosche v. McCoy, 397 Pa. 615 , 156 A.2d 307 (1959). Bair contends that in Commonwealth v.

William L. Bracey, Jr. v. John Grenoble

494 F.2d 566 · Court of Appeals for the Third Circuit · Mar 18, 1974

Clearly in a Civil Rights Act case brought under 42 U.S.C. § 1983 , venue did not properly lie in the Eastern District of Pennsylvania. … In an attempt to establish Grenoble’s presence during the beating plaintiff testified that when he came out of B-Block he saw the defendant directly behind twenty guards.

Eichorn v. AT&T Corp.

484 F.3d 644 · Court of Appeals for the Third Circuit · May 2, 2007

Crowley was not qualified to offer a damages opinion here. As the plaintiffs concede, Mr. … [s]o, while reinstatement is clearly equitable as a form of injunctive relief, back pay seems to be just as clearly legal.”) (footnotes omitted).

United States v. Raymond Napolitan

762 F.3d 297 · Court of Appeals for the Third Circuit · Aug 6, 2014

And the party seeking the exception, here the defendant, bears the burden of showing that he qualifies for its invocation. We have not previously described the shifting burdens under § 2D1.1(b)(1) in this manner. … According to the Government, the falsity of Napolitan’s testimony was established through the testimony of the Government’s witnesses, including Rodemoyer, and was necessarily implicit in the jury’s verdict finding Napolitan

Houston Oil & Minerals Corp., Cross-Appellee and Cross v. American International Tool Company, Third Party Cross-Appellant and Cross-Appellee, Gibralter Insurance Company v. Amf Tuboscope, Inc., Cross-Appellee, Pine Top Insurance Company v. Armco, Inc., Marine Drilling Company, Third Party

827 F.2d 1049 · Court of Appeals for the Third Circuit · Sep 24, 1987

We take as a given that in this circuit, at least in the area of personal injury, admiralty jurisdiction and the applicability of maritime law to these Robison-defined special-purpose watercraft is unassailably established … Damages involve factual determinations which we review under the clearly erroneous standard. Belton v. Fibreboard Corp., 724 F.2d 500 (5th Cir.1984).

United States v. Ilma Soriano Nunez

928 F.3d 240 · Court of Appeals for the Third Circuit · Jul 2, 2019

. § 3231. 4 immunity as a legitimate ground to appeal denial of a motion to dismiss an indictment); Abney v. … Congress established laws governing the release or detention of criminal defendants, and the Executive has the authority to invoke those laws to ensure a defendant’s presence at criminal proceedings and the community’s safety

SI Handling Systems, Inc. v. Heisley

753 F.2d 1244 · Court of Appeals for the Third Circuit · Feb 4, 1985

Dentner proposed that Midwest establish a temporary office in Easton with the following “charter”: 1.) … This finding is not clearly erroneous. Knowledge of long lead times in component supply.

United States v. Rivera

Court of Appeals for the Third Circuit · Feb 9, 2004

We * then follow the well-established The Honorable Louis F. … Nor did we qualify case where the defendant, like Rivera, our statement that the applicable review claimed breach of the plea agreement by was “plenary” in any way.

Adolf Lony v. E.I. Du Pont De Nemours & Company

886 F.2d 628 · Court of Appeals for the Third Circuit · Oct 20, 1989

Moreover, Lony does not maintain that any remedy available in West Germany would be “clearly unsatisfactory.” … Du Pont had the burden of establishing that “trial in the chosen forum would ‘establish ... oppressiveness and vexation to a defendant. ... out of all proportion to plaintiffs convenience.’ ” Piper, 454 U.S. at 241 , 102

Richard Geib v. New York State Teamsters Conference Pension And Retirement Fund

758 F.2d 973 · Court of Appeals for the Third Circuit · Apr 9, 1985

The statute clearly permits the use of a normal retirement age less than 65, see, e.g., Janowski v. … Once this fact is established, it follows that the 1980 amendment did not violate ERISA's requirements.

United States v. Orocio

645 F.3d 630 · Court of Appeals for the Third Circuit · Jun 29, 2011

Padilla followed from the clearly established principles of the guarantee of effective assistance of counsel. … Taylor, 529 U.S. 362, 412 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (O’Con-nor, J., for the Court) ("With one caveat, whatever would qualify as an old rule under our Teague jurisprudence will constitute 'clearly established

United States v. Kensington Shipyard & Drydock Corp. (Two Cases)

187 F.2d 709 · Court of Appeals for the Third Circuit · Mar 2, 1951

Although, under some circumstances, for some procedural purposes, the transferee is treated as a taxpayer, the liability of the transferee is clearly secondary, not primary. Phillips-Jones Corp. v. … Then, the purchaser at the sheriff’s sale (usually the judgment creditor) could maintain ejectment to establish his title. Conemaugh Iron Works Co. v.

72 Fair empl.prac.cas. (Bna) 101, 69 Empl. Prac. Dec. P 44,422 Preston Hampton Carl Bowles v. Borough of Tinton Falls Police Department Ann Y. McNamara Mayor, Individually and Acting Under Color of State Law Richard Brandstetter, Councilman, Individually and Acting Under Color of State Law Robert Gagliano, Councilman, Individually and Acting Under Color of State Law Richard Maher, Councilman, Individually and Acting Under Color of State Law Lynn Robinson, Councilwoman, Individually and Acting Under Color of State Law Gabe Tornillo, Councilman, Individually and Acting Under Color of State Law, and in His Capacity as a Member of the Promotional Review Board Anthony Muscillo, Individually and Acting Under Color of State Law in His Capacity as Borough Administrator, Public Safety Director and Member of the Promotional Review Board and Oral Interview Board Ladean White, Individually and Acting Under Color of State Law, and in His Capacity as Captain of Police and Member of the Promotional Review Board Pasquale Menna, Individually and Acting Under Color of State Law in His Capacity as Borough Prosecutor and Member of the Promotional Review Board Lou Napolitano, Individually and Acting Under Color of State Law in His Capacity as Member of the Oral Review Board Joseph Torchia, Individually and Acting Under Color of State Law as a Member of the Oral Review Board John Does, (1-100) Jane Does, (1-100) David Gonzalez

98 F.3d 107 · Court of Appeals for the Third Circuit · Oct 18, 1996

and was qualified for an employment position, but that he or she was either not hired for that position or was fired from it "under circumstances that give rise to an inference of unlawful discrimination." … In doing so, it clearly usurped the role of the jury. It does not appear that the race of any other evaluator was a source of concern for anyone involved in deciding who was to be promoted.

Conoshenti v. Pub Ser Elec & Gas

Court of Appeals for the Third Circuit · Apr 13, 2004

[It] establishes provisions and the employees’ FMLA an irrebuttable presumption that the rights. … must also be “clearly identified and firmly Weichert, 677 A.2d 162, 168 (N.J. 1996). grounded . . . .

Maxfield v. Sinclair International

766 F.2d 788 · Court of Appeals for the Third Circuit · Jul 3, 1985

We turn first to Sinclair’s claim that Maxfield failed to establish a pri-ma facie case. II. … Since the district court found that in the present case “reinstatement would clearly be an undesirable remedy,” App. at 20, the front pay award was permissible. See EEOC v.