Case law

Sandra Barker v. John Ashcroft, Attorney General of the United States

382 F.3d 313 · Court of Appeals for the Third Circuit · Dec 24, 2003

Specifically, the Board noted, contrary to Barker’s assertion, that she may otherwise qualify for an adjustment of status “[was] not sufficient to establish exceptional circumstances,” “such as serious illness of the alien … We note here, however, that Barker’s first argument has no merit because the record clearly shows that the IJ provided both adequate oral and written notice as statutorily required.

United States v. Mekail Jones

740 F.3d 127 · Court of Appeals for the Third Circuit · Jan 10, 2014

that Jones’s misdemeanor flight conviction qualified as a crime of violence. 2. … And clearly much more significant than it otherwise would have been without them.

Doe v. Luzerne County

660 F.3d 169 · Court of Appeals for the Third Circuit · Oct 12, 2011

The nonmoving party cannot establish a genuine dispute as to a material fact by pointing to unsupported allegations in the pleadings. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). … Similarly, the Supreme Court has stated that the Fourth Amendment applies 8 County Defendants have not asserted a qualified immunity defense. 20 to governmental conduct whether ―the government

Richerson v. Jones

551 F.2d 918 · Court of Appeals for the Third Circuit · Mar 7, 1977

It is firmly established that "interest on claims against the United States cannot be recovered in the absence of an express provision to the contrary in the relevant statute or contract." United States v. … Burr, 309 U.S. 242 , 60 S.Ct. 488 , 84 L.Ed. 724 (1940), which concerned the application of the doctrine of sovereign immunity to governmental corporations authorized to engage in commercial transactions with the public.

Surrick v. Killion

449 F.3d 520 · Court of Appeals for the Third Circuit · Jun 2, 2006

plaintiff shall not advertise his practice by way of outdoor advertisement or posters; (d) Plaintiff shall provide an inscription on all stationary [sic], business cards, files, websites or other documents or correspondence clearly … This, however, was clearly not the ratio decidendi of the court's holding. 4 Rule 83.6 VII(I) of the Eastern District Rules of Civil Procedure states: Any attorney who is reinstated may practice before this court notwithstanding

Stein Seal Company v. National Labor Relations Board

605 F.2d 703 · Court of Appeals for the Third Circuit · Sep 4, 1979

The record as a whole clearly lacks substantial supportive evidence that Shapolowenko’s discharge was merely a pretext. … The fact that one has been a union activist does not grant him immunity for that type of insubordination which would not be tolerated from others.

Earl A. Humphreys, M.D. v. Drug Enforcement Administration

96 F.3d 658 · Court of Appeals for the Third Circuit · Sep 17, 1996

Humphreys was named as an unindiet-ed co-conspirator in the conspiracy count and received immunity in return for his testimony against Larson. *660 The criminal conspiracy charge against Larson, and DEA’s regulatory investigation … However, the DEA did not establish that the pharmacy or pharmacies patronized by Larson had such a system in place during the relevant time period.

Josephine Murray, in No. 96-5685 v. United of Omaha Life Insurance Company Mutual of Omaha Insurance Company American Home Assurance Company Hartford Accident and Indemnity Company John Hancock Mutual Life Insurance Company Legionnaire Insurance Trust Program Insurance Company of North America. Josephine Murray v. United of Omaha Life Insurance Company Mutual of Omaha Insurance Company American Home Assurance Company Hartford Accident and Indemnity Company John Hancock Mutual Life Insurance Company Legionnaire Insurance Trust Program Insurance Company of North America. Appeal of Hartford Accident and Indemnity Company, in No. 96-5747. Appeal of American Home Assurance Company, in No. 96-5748. Appeal of Mutual of Omaha Insurance Company and United of Omaha Life Insurance Company, in No. 96-5749

145 F.3d 143 · Court of Appeals for the Third Circuit · May 19, 1998

As a result, he had "some immune deficiency." Dr. Scotti testified, however, that Mr. … conflate the two terms: 72 [T]he test is whether the accidental injury, as contrasted with the contributing disease or bodily condition, is the proximate or predominant cause of the disability or loss, sometimes additionally qualified

Allen v. National Railroad Passenger Corp.

228 F. App'x 144 · Court of Appeals for the Third Circuit · Jan 31, 2007

As the Supreme Court held last year, “An employee’s decision to report discriminatory behavior cannot immunize that employee from those petty slights or minor annoyances that often take place at work and that all employees … A prima facie case here has three elements: the plaintiff must establish that “(a) she was a member of a protected class, (b) she was qualified for the . . . job to which she applied, and (c) another, not in the protected

D.E. v. Central Dauphin School District

765 F.3d 260 · Court of Appeals for the Third Circuit · Aug 27, 2014

To establish claims under § 504 of the RA and the ADA,8 a plaintiff must demonstrate that: (1) he has a disability, or was regarded as having a disability; (2) he was "otherwise qualified" to participate in school activities … The inclusion of this language within the award demonstrates that the hearing officer clearly envisioned the method of payment that D.E. seeks to obtain here.

United States v. Richardson Dangleben, Jr.

Court of Appeals for the Third Circuit · Jun 1, 2026

Because § 924(j) refers to § 924(c), the “crime[s] of violence” that qualify as predicate offenses under § 924(c) also qualify for § 924(j). The first requirement is satisfied here. … Again, Congress has established a unique jurisdiction for the District of the Virgin Islands.

United States v. Ford

Court of Appeals for the Third Circuit · Mar 29, 2007

However, the rate of error in shoeprint identifications has not been firmly established. … Ford recognizes that established Third Circuit case law in United States v.

In Re National Football League Players Concussion Injury Litigation

775 F.3d 570 · Court of Appeals for the Third Circuit · Dec 24, 2014

This language clearly reveals that the District Court regarded its July 7, 2014 order as having not yet reached a Rule 23(c)(1) determination on class certification. … Florida, 517 U.S. 44, 66 , 116 S.Ct. 1114 , 134 L.Ed.2d 252 (1996) (explaining that the "well-established rationale" of a decision is not dicta).

United States v. David MacKins

218 F.3d 263 · Court of Appeals for the Third Circuit · Jul 12, 2000

That issue, simply *265 stated, is this: does a prior sentence imposed as the result of an Alford plea qualify as a “prior sentence” under U.S.S.G. § 4A1.2(a)(l) for purposes of computing a defendant’s criminal history category … The Court was clearly concerned with the apparent conflict in accepting Alford’s plea of guilty coupled with his assertion of innocence.

Brown v. Comm PA Emergency

Court of Appeals for the Third Circuit · Aug 8, 2002

The Commonwealth of Pennsylvania Department of Health was also sued, but that claim was dismissed because it was barred by Eleventh Amendment sovereign immunity. Brown v. … Even if we accept everything Appellants allege as true, they will have still failed to establish that the City’s policies caused constitutional harm.

United States v. Robert Brace Robert Brace Farms, a Pennsylvania Corporation

41 F.3d 117 · Court of Appeals for the Third Circuit · Jan 9, 1995

As we discussed above, Brace has the burden of proving both that he qualifies under Section 404(f)(1) for the normal farming activities exemption, and that the permit requirement was not “recaptured” under Section 404(f)( … In this case, however, it is clearly reasonable to require that all or substantially all of the thirty-acre site be part of an established operation. 3 .

Sinaloa Lake Owners Association v. City of Simi Valley, James Doody, Defendants-Cross-Defendants/appellees. v. Donald G. Tudor Jennie P. Tudor, Third-Party-Defendants/appellees, County of Ventura, Defendant-Third-Party-Plaintiff/cross-Claimant

864 F.2d 1475 · Court of Appeals for the Third Circuit · Mar 23, 1989

To establish a violation of substantive due process, the plaintiffs must prove that the government's action was "clearly arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or … The question of immunity, in turn, hinged on the warden's knowledge that the searches violated the Constitution. Digital rectal searches are clearly justified under certain circumstances. See, e.g., United States v.

United States v. William J. Laverick, in No. 14874 Harrison F. Tryon, in No. 14875 Malcolm Schaeffer, in No. 14876

348 F.2d 708 · Court of Appeals for the Third Circuit · Jul 15, 1965

Schaeffer called back, identifying the equipment, which had an established value of approximately $2,500,000, and Schaeffer indicated that Snoyer would have the same difficulty he had had in the past with the people at Fort … A report was filed by the survey team, under Mayerson,- stating that Consad was not qualified, and Laverick, though he had authority to overrule the report, did not so do.

United States v. Jeffrey Lynn Robinson

485 F.2d 1157 · Court of Appeals for the Third Circuit · Sep 26, 1973

The indictment clearly specified a continuing duty. … “The first change insures that a registrant who prolongs the litigation of his draft classification beyond the age of 26 would nontheless remain liable for induction if he is later found qualified for induction.

Delaware River Port Authority v. Fraternal Order of Police

290 F.3d 567 · Court of Appeals for the Third Circuit · May 14, 2002

The New Jersey Superior Court agreed, finding New Jersey and Pennsylvania had “parallel or complementary legislation of a different nature ... which ... clearly gives public employees a right to freely organize and designate … All Commissioners, other than the Pennsylvania Auditor General and State Treasurer, continue to hold office after the expiration of their terms and until their successors are appointed and qualified. .