Case law
Opinions from 1658 to today.
9,730 results
2.11s
420 F.2d 1270 · Court of Appeals for the Third Circuit · Jan 14, 1970
. 6 A state prosecuting attorney is immune from liability under the Civil Rights Act, unless his alleged actions are clearly outside the scope of his jurisdiction. … In our view, a guilty verdict per se no more establishes the veracity of every witness than it determines which of several alternative factual combinations the jury believed 11 We note that appellant's allegation that appellees
Cited 0 timesPublished482 F.3d 624 · Court of Appeals for the Third Circuit · Mar 30, 2007
Even if, as VFB implies, the market was suffering from some “irrational exuberance” in establishing VFI’s stock price, that gives me no basis for second-guessing the value that was fairly established … That contention is clearly wrong.
Cited 80 timesPublished639 F.2d 935 · Court of Appeals for the Third Circuit · Aug 4, 1980
In deciding whether the delay was prejudicial, the Court adopted the criteria established in Barker v. … The March 22, 1972 order contained no qualifying language whatsoever.
Cited 14 timesPublished592 F.2d 197 · Court of Appeals for the Third Circuit · Feb 2, 1979
Having reached this conclusion, two final questions remain: Does SCI/TM qualify as a religion under the criteria discussed above and, if it does, does the teaching and funding of this course constitute an establishment of … Clearly, TM should be deemed a religion for purposes of the free exercise clause: if the government sought to forbid it as an activity, the free exercise clause would stand in the way.
Cited 1 timesPublishedCourt of Appeals for the Third Circuit · Aug 20, 2008
The BIA is bound by the IJ’s factual determinations “including findings as to the credibility of testimony” and reviews these findings only to determine whether they are clearly erroneous. 8 C.F.R. § 1003.1(d)(3). … To qualify for withholding of removal, a petitioner must “establish a clear probability,” meaning “that it is more likely than not, that he/she would suffer persecution.”
Cited 0 timesPublished271 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).
Cited 12 timesPublished362 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. .
Cited 0 timesPublished579 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.
Cited 33 timesPublishedStapleton v. Two Million Four Hundred Thirty-Eight Thousand, One Hundred and Ten Dollars
454 F.2d 1210 · Court of Appeals for the Third Circuit · Jan 25, 1972
introduced which would honestly indicate that any sort of a current gambling operation was at all connected with the money in suit. 17 The contention that this money is a product of gambling and subject to forfeiture is clearly … It is not at all clear, however, that Hudson County is attempting to foreclose a mortgage or a lien, or that Congress intended to waive the sovereign immunity of the United States when there is a suit by a state to enforce
Cited 6 timesPublishedChrysler Corporation v. Schlesinger
565 F.2d 1172 · Court of Appeals for the Third Circuit · Oct 18, 1977
Such a disclosure, absent the regulation, would clearly conflict with the broad language of § 1905. … Clearly that is not the case with respect to the AAP's, the CIR's, or the CRR's.
Cited 1 timesPublishedTrojan 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
Cited 26 timesPublishedAnthony v. Ryder Truck Lines, Inc.
611 F.2d 944 · Court of Appeals for the Third Circuit · Dec 27, 1979
The 1959 plan did not qualify under the Internal Revenue Code, and Byrns therefore substituted a different plan in 1962 (the 1962 plan), which did qualify under the tax code. … In view of the format of the 1974 work sheet, it may be questioned as to whether even that document sufficed to inform Anthony clearly and finally that he had credited service only from October 1, 1962. 9 Anthony has thus
Cited 15 timesPublished151 F.2d 690 · Court of Appeals for the Third Circuit · Oct 16, 1945
When we said that a certificate discharging the Government’s tax lien could be discharged for fraud we used no decorative or qualifying adjectives in describing the word. … Such application should give the reasons for the request, and should clearly describe the property with respect to which the discharge is desired.
Cited 11 timesPublished206 F.3d 308 · Court of Appeals for the Third Circuit · Mar 9, 2000
Reno, 184 F.3d 719 , 724 (8th Cir. 1999) ("In sum, we hold that Congress in enacting AEDPA and IIRIRA in 1996, did not clearly and expressly repeal 28 U.S.C. S 2241 ."); Mayers v. … See Sandoval, 166 F.3d at 232 (examining the propositions established by the Supreme Court in Felker, Yerger, and McCardle).
Cited 61 timesPublished521 F.2d 225 · Court of Appeals for the Third Circuit · Oct 15, 1975
DuBreuil, 5 Cir. 1974, 500 F.2d 155 , that the fault of the parties must be "clearly mutual, simultaneous, and relatively equal". … Not every failure to qualify for the Section 4(2) exemption rises to the level of a violation of Rule 10b-5.
Cited 0 timesPublished576 F.2d 511 · Court of Appeals for the Third Circuit · Apr 13, 1978
Moreover, the requisite number of duly qualified grand jurors had returned the bill. Accordingly, the writ was denied. … As established in Costello v.
Cited 30 timesPublishedDoe v. Attorney General of the United States
659 F.3d 266 · Court of Appeals for the Third Circuit · Sep 8, 2011
Subsection (c)(2)(A) provides that an applicant must establish, “clearly and beyond doubt,” that he is entitled to admission, but this does not apply to the predicate question of whether the alien is an applicant. … Because Rodov’s offense (aiding and abetting wire fraud) clearly “involves fraud or deceit,” it qualifies as an “aggravated felony” if “the *275 loss to the victim or victims exceeds $10,000.” 8 U.S.C. § 1101 (a)(43)(M)(i
Cited 34 timesPublished72 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.
Cited 0 timesPublishedUnited States v. Rudolph Weaver
267 F.3d 231 · Court of Appeals for the Third Circuit · Sep 21, 2001
All those who return questionnaires and are not disqualified, exempt or excused, are placed in a separate wheel called the “qualified wheel.” … Although Section 851 does not define “clerical error,” we conclude that the weight of authority discussing clerical errors in other contexts indicates that the government’s error qualifies as such.
Cited 114 timesPublished412 F.2d 390 · Court of Appeals for the Third Circuit · Jun 2, 1969
In any event, the power of the courts to review claims by government employees alleging improper dismissal is too well established to be rejected here. … and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity
Cited 64 timesPublished
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