Case law

Neonatology Assoc v. Commissioner IRS

Court of Appeals for the Third Circuit · Aug 15, 2002

This factual finding was not clearly erroneous. See Comm’r v. Heininger , 320 U.S. 467, 475, 64 S.Ct. 249, 254 (1943). … To qualify as deductible compensation, a payment also need be reasonable. See Treas. Reg. S 1.162-7(a).

Thorp v. American Aviation and General Insurance Company

212 F.2d 821 · Court of Appeals for the Third Circuit · Jun 11, 1954

This testimony was clearly admissible. It cannot be gainsaid that Whitaker had sufficient acquaintance with the matters as to which he testified. … There was at the trial, considerable dispute between the parties as to the applicable standard of proof to establish “actual cash value”.

Benjamin Bernstein v. Abraham A. Ribicoff, Secretary of Health, Education and Welfare

299 F.2d 248 · Court of Appeals for the Third Circuit · May 21, 1962

As we have indicated the identical question of whether the 1954 amendments affected benefits where the individual has established his eligibility prior to January 1955 was presented in Price V. Flemming, supra. … While the Act is necessarily voluminous and unavoidably complex its disposal of the present problem comes through clearly.

Cahill ex rel. L.C. v. Live Nation

512 F. App'x 227 · Court of Appeals for the Third Circuit · Jan 31, 2013

Appellant has clearly presented sufficient evidence to satisfy the first prong: the existence of a pre-arranged plan. … That is clearly not the case here. Appellant’s assertion that the District Court resolved factual disputes and made credibility assertions is also without merit.

United States v. Lavern Moorer

383 F.3d 164 · Court of Appeals for the Third Circuit · Sep 20, 2004

The principal issue on appeal is whether Moorer’s 1990 conviction counts toward establishing his career offender status, even though Moorer was only 17 years old at the time. … Note 1 clearly defines a “prior felony conviction” purely in terms of the kind of conviction the defendant had, not the kind of sentence.

United States v. Chaka Fattah, Sr.

902 F.3d 197 · Court of Appeals for the Third Circuit · Aug 9, 2018

In light of the erroneous instructions, and because only one category clearly qualifies as an “official act,” the jury’s deliberations were fraught with the potential for McDonnell error. … This was established.

Kanofsky v. Commissioner

271 F. App'x 146 · Court of Appeals for the Third Circuit · Apr 1, 2008

The Tax Court did not clearly err in finding that Kanofsky was not engaged in a trade or business in 1996-98. … A sporadic activity, a hobby, or an amusement diversion does not qualify. 480 U.S. 23, 35 , 107 S.Ct. 980 , 94 L.Ed.2d 25 (1987).

Daughters of Miriam Center for the Aged v. Mathews

590 F.2d 1250 · Court of Appeals for the Third Circuit · Dec 29, 1978

From the time it qualified as a provider in 1967, the Center has depreciated its capital assets on an accelerated basis. … legitimacy lies the apprehension that the critical choices of our society will more and more be made by administrative personnel who ofttime aré not, as a practical matter, accountable to anyone and whose decisions are immune

Shah v. Ashcroft

72 F. App'x 875 · Court of Appeals for the Third Circuit · Aug 18, 2003

The asylum applicant bears the burden of establishing that he or she qualifies as a “refugee.” See 8 C.F.R. § 208.13 (a) (2001). … In this case, the factual findings were clearly based on the record and Shah was allowed to make arguments on his own behalf.

Combs v. Homer-Center School District

540 F.3d 231 · Court of Appeals for the Third Circuit · Aug 21, 2008

Further, the supervisor will be given a “proper hearing by a duly qualified and impartial hearing examiner” within thirty days. … In addition, the affidavit must provide evidence that the child has been immunized and has received the health and medical services required for students of the child’s age or grade level. 24 Pa. Stat.

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.

Trojan Technologies, Inc. v. Commonwealth Of Pennsylvania

916 F.2d 903 · Court of Appeals for the Third Circuit · Oct 24, 1990

The court thus held that such a scheme does not qualify for protection under the market participant doctrine and hence violates the commerce clause. Id. at 495, 496 . 13 31 Respectfully, we disagree. … Flipside, Hoffman Estate, Inc., 455 U.S. 489, 498-99 , 102 S.Ct. 1186, 1193-94 , 71 L.Ed.2d 362 (1982). 20 Hoffman Estates added that "[a] plaintiff who engages in some conduct that is clearly proscribed cannot complain of

Charles Goldstein v. Megerdich Dabanian and Emma K. Dabanian T/a East Tioga Check Service. Louis Sernovitz, Herbert Sabulsky and Sidney Singer v. Irving Hertz, T/a Terminal Check Service

291 F.2d 208 · Court of Appeals for the Third Circuit · Jun 29, 1961

He found it unnecessary to determine whether they qualified under exceptions to the rule for coverage described in the statute. 3 Contrary to the district court's determination we think that these employees fell within the … However, the regulations go on to describe the 'characteristics' of a retail establishment. 'Typically a retail or service establishment is one which sells goods or services to the general public.

St. Francis Medical Center v. Shalala

32 F.3d 805 · Court of Appeals for the Third Circuit · Aug 9, 1994

If the "Salfi-Ringer line" controls, the decision of the district court dismissing SFMC's complaint was clearly correct. In Weinberger v. … This regulation permitted carriers to establish separate prevailing charges for specialists and nonspecialists performing the same services.

Armstrong Surgical Center, Inc. v. Armstrong County Memorial Hospital

185 F.3d 154 · Court of Appeals for the Third Circuit · Jul 27, 1999

They insist, however, that the complaint alleges facts establishing that they are immune from antitrust liability. … It concluded its discussion of the city’s immunity by “reiterating] that, with the possible market participant exception, 4 any action that qualifies as state action is ‘ipso facto ... exempt from the operation of the antitrust

Majestic Star Casino, LLC v. Barden Development, Inc.

716 F.3d 736 · Court of Appeals for the Third Circuit · May 21, 2013

Although the constitutional authority of Congress to establish “uniform Laws on the subject of Bankruptcies throughout the United States,” U.S. Const., art. … The Trans-Lines West decision, despite its flaws, clearly recognized that unfairness: The Trustee‟s successful challenge of the Debtor‟s revocation of its Subchapter S status in the present case would

Lis v. Robert Packer Hospital

579 F.2d 819 · Court of Appeals for the Third Circuit · Jun 23, 1978

The committee expressly approves this discretion and believes it will permit sufficient flexibility allowing a broader scope of cross-examination whenever appropriate. 4 Clearly then, the Rule in its present form establishes … The second sentence, affording courts the power to expand the inquiry, clearly contemplates special circumstances.

Dats v. Attorney General

362 F. App'x 322 · Court of Appeals for the Third Circuit · Jan 28, 2010

The BIA further concluded that the materials proffered were “not sufficiently relevant to hardship to the qualifying relative to warrant reopening” for reconsideration of cancellation of removal. Id. … The BIA clearly *326 took into account the evidence Petitioners sought to introduce. A.R. 166-67. .

Lieberman v. Cambridge Partners, L.L.C.

432 F.3d 482 · Court of Appeals for the Third Circuit · Dec 27, 2005

Even assuming, without deciding, that Section 804(b) clearly provides for retroactive application, it does not necessarily follow that Section 804(b) thereby clearly provides for the resurrection of moribund claims. … clearly prescribed the relevant temporal scope.

Stapleton v. Two Million Four Hundred Thirty-Eight Thousand, One Hundred & Ten Dollars

454 F.2d 1210 · Court of Appeals for the Third Circuit · Jan 25, 1972

The United States clearly has consented to suit by third parties, in a state court, as well as in a district court, under the five listed categories. … Thus, depending on which provision is applicable the one placing the burden on the county, or the one creating a presumption in favor of the county — the county may or may not be required to establish affirmatively the connection