Case law

Long Hao Li v. Attorney General of the United States

633 F.3d 136 · Court of Appeals for the Third Circuit · Feb 1, 2011

An assessment of a sentence or hard work or labor for such a violation clearly offends the analysis of the Court.” A.R. 85. … “As a general matter, ... we have held that fear of prosecution for violations of ‘fairly administered laws’ does not itself qualify one as a ‘refugee’ or make one eligible for withholding of [removal].” Chang v.

Norman's on the Waterfront, Inc. v. Wheatley

444 F.2d 1011 · Court of Appeals for the Third Circuit · Jun 17, 1971

, the McGuire Act on its face appears to immunize the Virgin Islands law from the strictures of the Sherman Act, and as a result of the passage of the McGuire Act, the Sherman Act no longer inhibits the plenary powers granted … conduct of supplying false estimates to the Commission in order to secure a larger production allowable at the expense of competitors could not be said to have merged with the final decision of the Commission and to become immunized

Hackett v. Price

381 F.3d 281 · Court of Appeals for the Third Circuit · Aug 26, 2004

, and the Pennsylvania Supreme Court's failure to do so was contrary to clearly established federal law. … III. 199 For these reasons, I conclude that Hackett has established a Mills error, and that the state court's rejection of this claim resulted in an unreasonable application of clearly established federal law.

Philadelphia Record Co. v. Manufacturing Photo-Engravers Ass'n of Philadelphia

155 F.2d 799 · Court of Appeals for the Third Circuit · May 17, 1946

The evidence clearly supports the finding of the Trial Judge that there was a combination between the union and the association to prevent the plaintiff from producing photo-engraving products at night. … The District Court held, “I do not think this change of attitude of the association renders the union immune from the law of the Allen Bradley case.” That holding was obviously correct.

Halderman v. Pennhurst State School & Hospital

673 F.2d 647 · Court of Appeals for the Third Circuit · Feb 26, 1982

There is no suggestion in the Schmidt opinion that this order would be qualified by the necessity for appropriations. … Thus a dismissal of the complaint would clearly have been inappropriate. As to abstention under Railroad Comm’n of Texas v.

Mary B. Gunnells William A. Gunnells Tele Tech Corporation Cynthia Mullinax W & W Truck and Tractor Company, Incorporated Jerry Freeman Aaa Transmissions, Incorporated Pamela B. Robertson Avionics/seaonics International, Incorporated James E. Cassleman Larry Strickland Brenda Workman Helen Clark Bobby F. Buchanan Joanne Buchanan Brian Hansen James E. Wise John N. Stanley Daniel L. Driggers Brenda Vowels David J. Vowels Livingston Auto Parts, Incorporated Philip Livingston Lukes Cycle Services, Incorporated Jeff Lucarelli Hh Moorman & Sons Harold Moorman Oakland Club Mark B. Buxton Stylon of Charleston Mary Parker Terry Hensley Earl Singletary Ora Singletary, Individually and as Representatives of All Persons and Entities Similarly Situated v. Healthplan Services, Incorporated, Individually and as Successor in Interest to Third Party Claims Management, Incorporated Third Party Claims Management, Incorporated, and Fidelity Group Inc. International Workers Guild, Incorporated National Association of Business Owners and Professionals Iwg Health and Welfare Fund Fidelity Claims Management, Incorporated Executive Consultants Insurance Agency Raymond R. Olivi John Branham Steven Broughton John Collins Rex Culbertson Robert Davies Richard Dextaze Kenneth Every Andrews Frankie Fort Robert German Gary Geitler Melissa Geitler Martin T. Geitler Michael D. Geitler George Gradek Hubert G. Greene Phillip S. Hodgsen Earl Isabell Stephen Lacy Frederick Malone David E. Martin Michael Massey Henry Merchant Tina Messinger Michael R. Requa Bruce Rowan Pamela Regopoulus Bruce Ryals Barbara A. Scott Henry K. Skinner, Jr. Elmer Stone Kenneth R. Tallmadge Lee Taylor 2 Michael Thomas Scott Todd Arnold H. Valentine Richard M. Vann Lewis H. Wade David M. White Herbert L. Williams Ben L. Wells Jack E. Wilson, Individually and in His Representative Capacity Anchor Insurance Agency Branham and Geitler Associates Diversified Insurance Legend Equities Corporation Financial Benefits, Incorporated the Taylor Agency Incorporated Truett and Associates Colonial Life & Accident Insurance Company, a Unum Company Dwayne A. Samuels Eugene O. Duncan David Spooner Charles L. Bradley Terrence E. Rhue Noel Shaw Paul D. Askew Phillip Stashin Ken Averies, 3 Mary B. Gunnells William A. Gunnells Cynthia Mullinax Jerry Freeman Pamela B. Robertson James E. Cassleman Larry Strickland Brenda Workman Helen Clark Bobby F. Buchanan Joanne Buchanan Brian Hansen James E. Wise John H. Stanley Daniel L. Driggers Brenda Vowels David J. Vowels Philip Livingston Jeff Lucarelli Harold Moorman Mark B. Buxton Mary Parker Terry Hensley Earl Singletary Ora Singletary, Individually and as Representatives of All Persons and Entities Similarly Situated W & W Truck and Tractor Company, Incorporated Lukes Cycle Services, Incorporated Aaa Transmissions, Incorporated Livingston Auto Parts, Incorporated Hh Moorman & Sons Tele Tech Company, Incorporated Avionics Seaonics International, Incorporated Oakland Club Stylon of Charleston, Entities Similarly Situated v. Michael R. Requa Arnold H. Valentine Financial Benefits, Incorporated Lewis H. Wade Bruce Ryals George Gradek Tina Messinger Kenneth Every Andrews Raymond R. Olivi Executive Consultants Insurance Agency Michael Massey Anchor Insurance Agency John Collins, Individually and in Their Representative Capacities, and Frankie Fort Fidelity Group Inc. International Workers Guild, Incorporated National Association of Business Owners and Professionals Iwg Health and Welfare Fund Fidelity Claims Management, Incorporated John Branham Steven Broughton Rex Culbertson Robert Davies Richard Dextaze Robert German Gary Geitler Martin T. Geitler Gary Geitler Michael D. Geitler Hubert G. Greene Phillip S. Hodgsen Earl Isabell Stephen Lacy Frederick Malone David E. Martin Henry Merchant Bruce Rowan Pamela Regopoulus Barbara A. Scott Henry K. Skinner, Jr. Elmer Stone Kenneth R. Tallmadge Lee Taylor 5 Michael Thomas Scott Todd Richard M. Vann David M. White Herbert L. Williams Ben L. Wells Jack E. Wilson Branham and Geitler Associates Diversified Insurance Legend Equities Corporation the Taylor Agency, Incorporated Truett and Associates Colonial Life & Accident Insurance Company, a Unum Company Healthplan Services, Incorporated, Individually and as Successor in Interest to Third Party Claims Management, Incorporated Third Party Claims Management, Incorporated Dwayne A. Samuels Eugene O. Duncan David Spooner Charles L. Bradley Terrence E. Rhue Noel Shaw Paul D. Askew Phillip Stashin Ken Averies, Individually and in Their Representative Capacities

348 F.3d 417 · Court of Appeals for the Third Circuit · Oct 30, 2003

Indeed, some claimants have had their claims qualified for coverage but not payment, and some have not been qualified for coverage. … Those whose claims have not yet been adjudicated would have to establish the facts that would qualify them for coverage, which would include the nature of the illness or injury for which the claim is made, deductibles and

Pennsylvania Environmental Defense Foundation (p.e.d.f.) v. Canon-Mcmillan School District

152 F.3d 228 · Court of Appeals for the Third Circuit · Aug 11, 1998

The clear deviation from an established legal rule can qualify as plain error. Of course, this is a power we exercise only “sparingly.” See Chemical Leaman Tank Lines, Inc. v. Aetna Cas. & Sur. … There can be no serious dispute that PEDF qualified as the “prevailing party.”

Chambers v. School District of Philadelphia Board of Education

587 F.3d 176 · Court of Appeals for the Third Circuit · Nov 20, 2009

A plaintiff can establish causation by demonstrating that the municipal action was taken with deliberate indifference as to its known or obvious consequences. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

In Re Petition for Naturalization of Maria Haniatakis. United States of America

376 F.2d 728 · Court of Appeals for the Third Circuit · Apr 28, 1967

The same false statements, however; were given orally as testimony at the preliminary investigation, and this brings the case clearly within the proscription of the statute. See Matter of G— L— T — , 8 I & N 403 (1959). … Because that status, once granted, cannot lightly be taken away, the Government has a strong and legitimate interest in ensuring that only qualified persons are granted citizenship.

Ramin Rejaie v. Immigration and Naturalization Service

691 F.2d 139 · Court of Appeals for the Third Circuit · Nov 17, 1982

The Supreme Court has observed that motions under § 3.8 “will not be granted ‘when a prima facie case of eligibility for the relief sought has not been established.’ ” INS v. … Rather, in his brief he simply summarizes the factual content of his motion without explaining which, if any, of the narrated events, substantiated or otherwise, occurred after the deportation hearing and thus qualify as

United States v. Stanley Cottman

142 F.3d 160 · Court of Appeals for the Third Circuit · Apr 21, 1998

Because his sentence placed him in Zone C, Cottman no longer qualified for a sentence of probation in lieu of imprisonment. See U.S.S.G. §§ 5B1.1 & 5C1.1 (1995). … Connor, 950 F.2d 1267, 1275 (7th Cir.1991) (suggesting that a defendant must have “engaged in sufficient illegal conduct which is similar to the instant offense”). ,The preponderance of the evidence here clearly establishes

National Labor Relations Board v. Clearfield Cheese Co., Inc

213 F.2d 70 · Court of Appeals for the Third Circuit · Jun 2, 1954

There is adequate support in thé record for the Board’s affirmation of the- Trial Examiner’s finding that at the meeting .respondent did, through foreman Imler, “ * * * solicit its employees to- establish a separate representation … We intend tó employ those who first apply and are qualified for the jobs that are Topen. ' - ■ “Clearfield Cheese Co., Inc.” 4 .

Secretary of Labor & Industry v. Epp

121 F.2d 846 · Court of Appeals for the Third Circuit · Jun 30, 1941

Clearly the line here runs between tax and regulatory expropriation. As the Supreme Court has now spoken any extended discussion would be presumptuous. … The question was the familiar one of the “immunity of instrumentalities.” 24 Before that question is even reached, a tax has to be found. Following its earlier ruling, the Supreme Court held the Arkansas.

United States Steel Corporation v. Environmental Protection Agency

633 F.2d 671 · Court of Appeals for the Third Circuit · Oct 27, 1980

Clearly, if a revision does not interfere with attainment, the plan will still be capable of achieving and maintaining the NAAQS. … All that this Court need now decide is whether EPA qualified its approval of Pennsylvania's regulations.

Rodriguez-Martinez v. Attorney General of the United States

429 F. App'x 140 · Court of Appeals for the Third Circuit · May 4, 2011

See 8 U.S.C. § 1252b(c)(3)(B) (1995) (establishing that an in absentia deportation order can be rescinded after 180 days only if prevented by lack of notice or Federal or State custody). … He shall also be advised of the availability of free legal services programs qualified under part 292a of this chapter and organizations recognized pursuant to § 292.2 of this chapter, located in the district where his deportation

Schwartz v. Commissioner

348 F. App'x 806 · Court of Appeals for the Third Circuit · Oct 9, 2009

“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. Comm’r, 437 F.3d 399, 401 (3d Cir.2006). III. … In handling the Schwartzes’ case, the IRS followed its established procedures.

United States v. Perez

Court of Appeals for the Third Circuit · Feb 4, 2002

The Supreme Court did not answer directly the question presented by this case -- whether probable cause exists if it was not clearly established that drugs were in the apartment. … Steele, 685 F.2d 793 808 (3d Cir. 1982) (judicial immunity properly denied where proposed immunized testimony would not have been "clearly exculpatory"); United States v.

United States v. Wali, Abdul

860 F.2d 588 · Court of Appeals for the Third Circuit · Jan 18, 1989

First, the government argues that Wali’s decision not to depose Esser before trial was clearly strategic since Esser’s exculpatory statements at a deposition would have been subject to cross-examination. … Technically, Rule 801(d)(2)(E) qualifies statements of a co-conspirator as admissions of a party opponent, and thus such statements are not hearsay.

Abazaj v. Attorney General of the United States

443 F. App'x 725 · Court of Appeals for the Third Circuit · Sep 1, 2011

mistreatment, regardless of its motivation, did not amount to persecution, A.4, and that Abazaj had failed to independently state a well-founded fear of future persecution— the IJ’s finding on the latter ground was not “clearly … Of Pet. 24 (“[T]he record established that the persecutors perceived Mr.

In the Matter of Lammot Dupont Copeland, Jr., Debtor (Two Cases). Appeal of Lammot Dupont Copeland, Jr. ('Debtor'), Debtor-In-Possession in the Above-Described Proceedings for an Arrangement (The Proceedings), and the Statutory Creditors' Committee in the Proceedings (The 'Creditors' Committee'). Appeal of Pension Benefit Fund, Inc

531 F.2d 1195 · Court of Appeals for the Third Circuit · Mar 3, 1976

Thus, Official Comment 2 to § 9--305 states: 30 'Possession may be by the secured party himself or by an agent on his behalf: it is of course clear, however, that the debtor or a person controlled by him cannot qualify as … Its interest in the stock was therefore not immune from debtor's claim for statutory relief pursuant to § 9--507(1).