Case law

United States v. Richard P. Console, United States of America v. Morton Markoff, D.O., United States of America v. Edward C. Curcio

13 F.3d 641 · Court of Appeals for the Third Circuit · Dec 22, 1993

Although the prosecutor may not have clearly “articulate[d] a way in which the tendered evidence logically tend[ed] to establish or refute a material fact in issue,” the court did. … This argument lacks merit inasmuch as the Accident Book qualified as a business record under Rule 803(6), a well-established exception to the hearsay rule. White v.

Bonhometre v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 15, 2005

Clearly, the BIA has the ability to conduct de novo review of an immigration proceeding and the subsequent decision of the IJ, see, e.g., Abdulai v. … Bonhometre would have qualified for relief under the CAT, nor does he point to any evidence demonstrating as much before us now.

Equal Employment Opportunity Commission v. State Of Delaware Department Of Health And Social Services

865 F.2d 1408 · Court of Appeals for the Third Circuit · Jan 13, 1989

Since the appellees bore the burden of proof on this issue, their motion was properly granted only if the record shows that they established the defense so clearly that no rational jury could have found to the contrary. 9 … Jt.App. at 611 These contentions highlight the benefits of requiring that an agreement to vary the jury's size be clearly expressed.

Smith Trucking, Incorporated v. Cotton Belt Insurance Co., Inc., Defendant-Third-Party v. Tate Insurance Agency, Inc., and John G. Effler, Third-Party

556 F.2d 1297 · Court of Appeals for the Third Circuit · Aug 5, 1977

Applying the clearly erroneous standard, McAllister v. … into effect prior to the accident then the trailer in question is clearly covered by the written policy.

Charlton v. United States

412 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

United States v. Fidelity Philadelphia Trust Co.

459 F.2d 771 · Court of Appeals for the Third Circuit · May 2, 1972

Clearly, however, this theory runs counter to that advanced by Attorney Kline: We had many, many conferences, lot of time spent, as I say, in perpetuating this fund, not only in effectuating it, but in protecting it, and … In the district court proceeding which determined the priority of liens, the court found that although the fee did not qualify as a bona fide lien under state law, the attorney was entitled to a fee approximating that set

State Auto Insurance v. Summy

234 F.3d 131 · Court of Appeals for the Third Circuit · Jan 30, 2001

Clearly, the case at hand falls outside the area outlined by Brillhart and Wilton as appropriate for the District Court to exercise its jurisdiction. … When the state law is firmly established, there would seem to be even less reason for the parties to resort to the federal courts.

Virgo Corp. v. Paiewonsky

384 F.2d 569 · Court of Appeals for the Third Circuit · Sep 29, 1967

It would lead back to every forest, mine, and factory in the land and create a zone of tax immunity never before imagined. … The tax immunity runs to the process of exportation and the transactions and documents embraced in it. . . .

United States v. Michael Grayson, A/K/A White Bear, United States of America v. Charles Moore, A/K/A Uncle Charlie, United States of America v. Michael Lawless, A/K/A Caveman, United States of America v. Charles McKnight A/K/A McNut United States of America v. Donald Robinson, A/K/A Dino, United States of America v. Michael Giordano, A/K/A Bugsy, United States of America v. John Gavis, A/K/A Wacker John

795 F.2d 278 · Court of Appeals for the Third Circuit · Jul 11, 1986

A conviction under RICO does not, therefore, grant immunity for the offenses charged as the predicate acts of racketeering activity. … Sec. 846 for which the punishment is a felony clearly qualify as predicate acts.

American Home Products Corporation, a Delaware Corporation v. Federal Trade Commission

695 F.2d 681 · Court of Appeals for the Third Circuit · Jan 4, 1983

Rather, AHP is permitted to employ any language it chooses, provided that a qualifying explanation is included. … been established by two or more adequate and well-controlled clinical investigations, conducted by independent experts qualified by training and experience to evaluate the comparative effectiveness or comparative freedom

In the Matter of Reading Company, Debtor. United States of America, in 95-1987. In the Matter of Reading Company, Debtor. Consolidated Rail Corporation, in 95-1988

115 F.3d 1111 · Court of Appeals for the Third Circuit · Jun 13, 1997

See Colorado & Eastern, 50 F.3d at 1536 ("In our case, [the] claim ... must be classified as one for contribution" ); United Technologies, ("[a]pplying this definition, the instant action clearly qualifies as an action for … With ample support in the record, we cannot say its holding was clearly erroneous.

Tengiz Sevoian v. John Ashcroft, Attorney General of the United States

290 F.3d 166 · Court of Appeals for the Third Circuit · May 8, 2002

These documents include a number of anecdotes reported by political prisoners, describing inhumane government practices that would, very likely, qualify as torture under the Convention. … Sevoian’s counsel tries to argue that the fact that the police did not question Sevoian or his mother about the assault after they reported it amounts to official “acquiescence” in the beating, but the regulations state clearly

Bradley v. Attorney General of the United States

603 F.3d 235 · Court of Appeals for the Third Circuit · Apr 22, 2010

We are further persuaded that § 1187(b)(2) is not jurisdiction-stripping because it does not clearly and explicitly deprive federal courts of jurisdiction. See Calcano-Martinez v. … Nevertheless, Bradley’s declaration establishes that, after his arrival, he signed a form, presented that form to a customs officer, and was admitted into the United States.

In Re Grand Jury Matter. In Re Linda Backiel, Witness

906 F.2d 78 · Court of Appeals for the Third Circuit · Jun 11, 1990

On December 14, 1989, the government requested issuance of an immunity order compelling Backiel’s testimony. … On March 6, 1990, the *82 district court denied all of Backiel’s motions, granted her immunity, and directed that she appear and give testimony before the grand jury.

Johnson v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 25, 2005

See id. at 545 (“First, [the Government] must independently establish that the agency action giving rise to the litigation was substantially justified. … Second, it must establish that its litigation positions were substantially justified.”).

Federal Trade Commission v. AbbVie Inc

Court of Appeals for the Third Circuit · Dec 4, 2020

Noerr-Pennington immunity is not absolute. Wellbutrin, 868 F.3d at 148. … The District Court did not clearly err.

Nowak v. Collins

437 F.2d 1303 · Court of Appeals for the Third Circuit · Feb 16, 1971

Under the Government’s theory of this case, therefore, an undergraduate would never qualify for a I-S(c) deferment. … Although appellant is a graduate student, our holding as to the proper interpretation of “satisfactorily pursuing a full-time course of instruction” is clearly applicable to undergraduate and graduate students alike.

Herbert E. Coulter v. Casper W. Weinberger, Secretary of the Department of Health, Education, and Welfare

527 F.2d 224 · Court of Appeals for the Third Circuit · Nov 28, 1975

Coulter did not have enough quarters of coverage to qualify for benefits. … Clearly there was not a full hearing when no consideration was given to such relevant regulations. We have alluded to the difficulty in evaluating a claimant’s physical condition many years after the pertinent time.

Consolidated Freightways Corporation Of Delaware v. Larson

827 F.2d 916 · Court of Appeals for the Third Circuit · Aug 28, 1987

Consistent with the district court's interpretation, only those unavoidable errors which result through no fault of counsel, and are beyond counsel's control, qualify as instances of excusable neglect within the meaning of … Hope Garcia Lancarte, 632 F.2d 1196 (5th Cir.1980) (though erroneous docket number listed on the notice of appeal was not corrected until the period for appeal expired, court held this "clearly" excusable neglect) 6 Similarly

Trade Waste Management Ass'n v. Hughey

780 F.2d 221 · Court of Appeals for the Third Circuit · Dec 19, 1985

N.J.S.A. 13:1E-130. *229 The statute contains a grant of immunity from prosecution for compelled disclosures that would otherwise violate the privilege against self incrimination. N.J.S.A. 13:1E-132(a). … Clearly other grounds for disqualification would remain if, for example, the ground set forth in N.J.S.A. 13:1E-I33(e) were to fall.