Case law

United States v. Daniel Rutherford

120 F.4th 360 · Court of Appeals for the Third Circuit · Nov 1, 2024

That left courts to determine what circumstances qualified as extraordinary and compelling 6 The BOP “used this power sparingly, to say the least.” United States v. … He says that “Section 994(t) shows that Congress knew how to speak clearly when it wanted to exclude topics from consideration.” (Opening Br. at 39.)

20 Employee Benefits Cas. 2603, Pens. Plan Guide (Cch) P 23931v Carol Dewitt v. Penn-Del Directory Corporation, a Foreign Corporation National Telephone Directory Corporation Profit Sharing Plan National Telephone Director Corporation Plan Administrator of Profit Sharing Plan

106 F.3d 514 · Court of Appeals for the Third Circuit · Feb 14, 1997

After her conversation with Raad, Dewitt pursued an appeal pursuant to the administrative process established by the Plan. … A Plan participant reading this provision could believe that it clearly prohibited distribution of an account prior to the end of the calendar month in which the employee was terminated.

1975 Salaried Retirement Plan for Eligible Employees of Crucible, Inc. v. Nobers

968 F.2d 401 · Court of Appeals for the Third Circuit · Jul 6, 1992

Moreover, the Court has also unanimously held that "a federal law need not expressly authorize an injunction of a state court proceeding in order to qualify" under the "expressly authorized" exception. Mitchum v. … The test, rather, is whether an Act of Congress, clearly creating a federal right or remedy enforceable in a federal court of equity, could be given its intended scope only by the stay of a state court proceeding. 34 Id.

John F. Kappel and Edna I. Kappel v. United States of America. Estate of William J. Kappel, Deceased, by Sarah M. Kappel and William D. Kappel, Executors and Sarah M. Kappel v. United States

437 F.2d 1222 · Court of Appeals for the Third Circuit · Mar 16, 1971

This in turn depends primarily on whether they had a "legal obligation" to repay the amounts improperly received from the pension trusts so as to qualify for the deduction provided by § 1341 of the Code. 2 3 Although the … Civ.P. 52 and 59. 16 Because we cannot find Judge Weber's findings of fact to be clearly erroneous on the basis of the evidence presented to him, we must decide whether he abused his discretion in refusing to hear further

Controlled Sanitation Corp. v. District 128 of the International Ass'n of Machinists & Aerospace Workers

524 F.2d 1324 · Court of Appeals for the Third Circuit · Oct 17, 1975

In so doing, it points to the procedures established in Article XIII, Section 2(A), (B), and (C). In view of the language employed in the contract, however, we cannot accept this argument. … only if it could confidently be said not only that a claim was strictly ‘procedural,’ and therefore within the purview of the court, but also that it should operate to bar arbitration altogether, and not merely limit or qualify

Shawn Williams v. Robin Nyberg

Court of Appeals for the Third Circuit · Feb 12, 2026

Abbey Decl., ECF No. 124-1 at 7. 4 Given that whether an action qualifies as “adverse” under this standard is “ultimately a question of fact,” Bistrian v. … immunity.

Glenford Ragguette v. Premier Wines & Spirits

691 F.3d 315 · Court of Appeals for the Third Circuit · Aug 15, 2012

He clearly failed to do so. … Accordingly, they are clearly insufficient to outweigh the ―reason for the delay‖ factor.

United States v. Justyn Perez-Colon

62 F.4th 805 · Court of Appeals for the Third Circuit · Mar 22, 2023

Id. cmt. n.4(A). 10 To establish a “pattern 10 United States v. … We use the categorical approach to determine whether “a defendant’s prior federal or state conviction qualifies as a predicate offense.” Dahl, 833 F.3d at 349.

John Doe Jane Doe v. American Red Cross American National Red Cross Thomas Jefferson University Joseph Grover, M.D. Scott Murphy, M.D. Cardeza Foundation. Harry Doe Jane Doe, H/w v. American Red Cross American National Red Cross Graduate Hospital Louis F. Plzak, M.D. Daniel J. Woody, M.D

14 F.3d 196 · Court of Appeals for the Third Circuit · Dec 16, 1993

-, 112 S.Ct. at 2467 (emphasis added). 4 The Court granted certiorari "to answer this difficult and recurring question," observing that "[a]lthough more than 40 district court cases have considered this issue, no result clearly … action against the Red Cross. 5 The American Red Cross and the American National Red Cross (hereinafter "Red Cross") have been sued in state courts across the country by plaintiffs claiming that they contracted Acquired Immune

Halderman v. Pennhurst State School & Hospital

901 F.2d 311 · Court of Appeals for the Third Circuit · Apr 17, 1990

"The instrument 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." … It is belied by the fact that p 14 clearly refers to the Appendix A obligations as "orders of the Court," not ethical commands.

Skenderi v. Attorney General of the United States

357 F. App'x 432 · Court of Appeals for the Third Circuit · Dec 17, 2009

Concluding that the IJ’s findings of fact were not clearly erroneous, the BIA affirmed the adverse credibility determination. … Skenderi has not demonstrated that the IJ’s findings of fact were clearly erroneous.

Ungar v. Dunkin' Donuts of America, Inc.

531 F.2d 1211 · Court of Appeals for the Third Circuit · Mar 3, 1976

To qualify for interlocutory review in this circuit a class certification decision must be attended by special factors which take it outside the ambit of the general rule. Katz v. … Rather, many of the clauses were quite clearly detrimental to their interests, and they alleged that they had continually objected to them.

Ratner v. MRC Partnership

156 F.3d 1244 · Court of Appeals for the Third Circuit · Sep 3, 1998

Nevertheless, we feel bound to follow the clear precedent established by the New Mexico Supreme Court in Ades. … Damages 39 We review a damage award under the clearly erroneous standard. See Brown v.

Dillon v. Coles

746 F.2d 998 · Court of Appeals for the Third Circuit · Oct 29, 1984

Therefore, he must establish that he belonged to a protected group, he was qualified for, and applied for a job vacancy, but he was nevertheless rejected, and the position remained open and the employer continued to seek … We use the reference to a “damages” aspect of a claim at law to illustrate more clearly the separation between the various phases of a Title VII case when burden shifting occurs. .

United States v. Khaled Miah

Court of Appeals for the Third Circuit · Oct 18, 2024

Prior to trial, Miah moved to dismiss Counts Two, Three, Five and Seven of the indictment, claiming that the December 2020 tweets did not qualify as threats to injure the agents or as “true threats” under First Amendment … When assessing the district court’s application of the Guidelines to a particular set of facts and if “th[ose] facts ‘fit’ within what the Guidelines prescribe,” we apply the deferential clearly erroneous standard of review

Hernandez v. City of Union City

264 F. App'x 221 · Court of Appeals for the Third Circuit · Feb 12, 2008

To establish a claim under 42 U.S.C. § 1983, a plaintiff must show “(1) whether the conduct complained of was committed by a person acting under color of state law 1 and (2) whether the conduct deprived the complainant … immunity defense, we must first “ascertain whether a constitutional violation has been alleged before determining if qualified immunity is available.”

United States v. Calvin G. Thomas, Charles C. Copney, Wendell Ronald Charles, Calvin George Thomas

998 F.2d 1202 · Court of Appeals for the Third Circuit · Jul 7, 1993

The brief questions about the existence of the guilty pleas was clearly relevant as bearing on the witnesses’ credibility.” Halbert, 640 F.2d at 1005 . … Moreover, Toner merely states that a guilty plea of a witness cannot be used to establish the guilt of the defendant.

United States v. Kaboni Savage

Court of Appeals for the Third Circuit · Aug 13, 2020

* * * In sum, we conclude that Savage has failed to establish that the District Court clearly erred when it found that the Government’s strike of Number 185 was not motivated by race … Savage fails to establish that the District Court’s transferred intent instruction clearly diverges from the “classic doctrine.”

Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine Corps

639 F.2d 1029 · Court of Appeals for the Third Circuit · Feb 2, 1981

Essentially, defendants rely on the sovereign immunity doctrine to support their claim that review is precluded. Defendants, however, fail to meet this court’s opinion in Jaffee v. … See In re Richardson, 209 Ct.Cl. 754 , 758 (1976) (“no service member has any statutory right to reenlist” since section 508(b) is “clearly permissive”).

Douglas Nyhuis v. Janet Reno, Attorney General Eric Holder, Deputy Attorney General Kathleen Hawk, Director-Bop John Hahn, Warden

204 F.3d 65 · Court of Appeals for the Third Circuit · Feb 15, 2000

The court wrote, “The removal of the qualifiers ‘plain, speedy, and effective’ from the PLRA’s mandatory exhaustion requirement indicates that Congress no longer wanted courts to examine the effectiveness of administrative … Florida Bd. of Regents, 457 U.S. 496, 512 , 102 S.Ct. 2557 , 73 L.Ed.2d 172 (1982) (stating that courts do not have authority “to alter the balance struck by Congress in establishing the procedural framework for bringing