Case law

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.

Delaware Coalition for Open Government, Inc. v. Strine

733 F.3d 510 · Court of Appeals for the Third Circuit · Oct 23, 2013

Once a presumption of public access is established it may only be overridden by a compelling government interest. Press II, 478 U.S. at 9 , 106 S.Ct. 2735 . … But if that were true — if Delaware’s arbitration were just a secret civil trial — it would clearly contravene the First Amendment right of access.

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.

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

In Re Segal

57 F.3d 342 · Court of Appeals for the Third Circuit · Jun 16, 1995

Clearly under that version of the statute, the debt to Santa Fe would be dischargeable, regardless of its classification as an educational loan. … In the present case, there clearly was no educational loan "program"; rather there was the single loan made to Dr. Crowe.

Consolidated Freightways Corp. 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 *919 meaning … 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). .

Bethel Baptist Church v. United States

822 F.2d 1334 · Court of Appeals for the Third Circuit · Jun 30, 1987

The former justification is clearly secular because it represents an attempt to comply with a plausible judicial construction of the first amendment. … Quern, 611 F.2d 206 (7th Cir.1979) (summary judgment proper where Supreme Court precedent clearly established that state Medicaid legislation did not constitute ex post facto law) 9 For a consideration of the incorporation

United States v. Frankie Crocker

568 F.2d 1049 · Court of Appeals for the Third Circuit · Nov 29, 1977

Clearly the various activities being investigated had a sufficient nexus to New Jersey to create venue in New Jersey for the grand jury investigations. … In Somers, this court construed a specific date reference in a Hobbs Act indictment, qualified by the words “on or about”, as a reference to a general time frame.

Nos. 94-1247, 94-1248

19 F.3d 873 · Court of Appeals for the Third Circuit · Mar 16, 1994

If the board is satisfied that the applicant is a qualified elector, the application is marked “approved.” 25 P.S. § 3146.2b(a). … If the board concludes that the applicant is not qualified, it must immediately notify the applicant. 25 P.S. § 3146.2b(d).

Amilcar Francisco-Lopez v. Attorney General USA

970 F.3d 431 · Court of Appeals for the Third Circuit · May 15, 2020

This factor favors Francisco because his case clearly did not present a question of first impression. … This indicates that the BIA intended to and did make an “abrupt departure from well established practice.” Allegheny Ludlum, 301 F.3d at 180.

Oleg Kanivets v. Alberto Gonzales, Attorney General of the United States, Oleg Kanivets v. Bill Riley, as Regional Director Immigration and Customs Enforcement Department of Homeland Security, or His Successor or Assigns John Ashcroft, Attorney General of the United States

424 F.3d 330 · Court of Appeals for the Third Circuit · Sep 7, 2005

Based on this weakness in the petitioner's case, the IJ determined that Kanivets had failed to establish (1) that he qualified as a refugee, (2) that he was entitled to withholding of removal and (3) that he faced a clear … That case, however, is clearly distinguishable because the motion to remand was filed after the period of voluntary departure had expired. See Bhiski, 373 F.3d at 366 . 34 Reynoso-Lopez v.

Elizabeth Peter v. Office of Attorney General New Jersey

Court of Appeals for the Third Circuit · Oct 28, 2024

Judge Martinotti concluded that the claims against Judge Bumb were frivolous or barred by judicial immunity and dismissed them. … Here, another District Court judge concluded that the claims against Judge Bumb were frivolous or barred by judicial immunity.

Inmates of the Allegheny County Jail, Thomas Price Bey, Arthur Goslee, Robert Maloney, and Calvin Milligan on Their Own Behalf and on Behalf of All Others Similarly Situated v. Cyril H. Wecht, President of the Allegheny County Board of Prison Inspectors, and the Other Members of the Board Thomas Foerster and William H. Hunt, Commissioners for Allegheny County Frank J. Lucchino, Controller for Allegheny County Eugene Coon, Sheriff for Allegheny County the Honorable Patrick R. Tamilia, Michael J. O'malley, and Marion K. Finkelhor, Judges, Court of Common Pleas of Allegheny County Richard S. Caliguiri, Mayor of the City of Pittsburgh Harriet McCray Msgr. Charles Owen Rice, and Charles Kozakiewicz, Warden of the Allegheny County Jail and William B. Robinson, Executive Director of Prison Inspectors and Cyril Wecht, Thomas Foerster and William H. Hunt, as Commissioners of Allegheny County v. The Commonwealth of Pennsylvania the Commonwealth of Pennsylvania, Department of Corrections David S. Owens, Jr., Commissioner, Department of Corrections, and Erskind Deramus, Deputy Commissioner, Department of Corrections, Third Party

874 F.2d 147 · Court of Appeals for the Third Circuit · Jun 9, 1989

This finding is not clearly erroneous. The record established in 1980 that 10% to 30% of the jail population could be considered seriously mentally ill. … The court's findings as to future inmate population establish the need for additional inmate capacity whether or not the old jail continues in use.

Harris v. City Of Philadelphia

47 F.3d 1342 · Court of Appeals for the Third Circuit · Mar 16, 1995

holding that the City may continue to implement its revised release procedures. 26 The imposition of contempt is reviewed under an abuse of discretion standard and will only be disturbed if there is an error of law or a clearly … A consent decree "must be construed as it is written, and not as it might have been written had the plaintiff established his factual claims and legal theories in litigation." United States v.

Merritt v. Blaine

326 F.3d 157 · Court of Appeals for the Third Circuit · Apr 16, 2003

On the merits, the court held that (1) Merritt failed to establish in sufficient form and substance the facts stated in support of his grounds for relief; (2) Merritt neither alleged nor established that SEM results constitute … In Fahy, we clearly limited the lower bar that we established for equitable toll *170 ing to capital cases, and Merritt is not in that position.

Race Tires America, Inc. v. Hoosier Racing Tire Corp.

614 F.3d 57 · Court of Appeals for the Third Circuit · Jul 23, 2010

In any case, even setting aside STA’s prior conduct, the record here clearly establishes that there are more than ample justifications for the single tire rule. … Nevertheless, the record here clearly establishes the existence of competition on the part of the remaining suppliers for the valuable right to serve as an exclusive provider of tires.

Berguido v. Eastern Air Lines, Inc.

369 F.2d 874 · Court of Appeals for the Third Circuit · Nov 23, 1966

Such elaboration qualifies the finding as sufficient under Rule 52(a), if indeed a specific finding by the trier of fact is needed when the issue is one of credibility. … However, failing acceptance of this approach, appellant urges that the District Court’s finding of no wilful misconduct by the appellee was clearly erroneous.

International Society for Krishna Consciousness, Inc. v. New Jersey Sports & Exposition Authority

691 F.2d 155 · Court of Appeals for the Third Circuit · Oct 15, 1982

The Authority is established in the Department of Community Affairs, id., and the Governor may veto any action that it takes. Id. at § 5:10-4 i. … Conrad is clearly distinguishable from this case.

Joseph Malcomb v. Craig McKean

599 F. App'x 437 · Court of Appeals for the Third Circuit · Apr 24, 2015

In particular, the Magistrate Judge found that Malcomb could not establish that the criminal proceeding had been disposed of in his favor. The District Court adopted the Report and Recommendation. … Foster Wheeler Corp., 26 F.3d 375, 398 (3d Cir. 1994). 2 In the alternative, the Magistrate Judge stated that the defendants were entitled to qualified immunity, and that one of the defendants, Trooper Thomas, did not initiate