Case law

Joshim Uddin v. Attorney General United States

Court of Appeals for the Third Circuit · Sep 25, 2017

The INA, in turn, establishes three different kinds of terrorist organizations. … affirmatively establish that BNP leaders authorized the actions that were terroristic. 21

William H. Hinton v. The Department of Justice and the Federal Bureau of Investigation

844 F.2d 126 · Court of Appeals for the Third Circuit · Apr 14, 1988

However, the general non-appealability of discovery orders is well-established. See, e.g., Cipollone v. Liggett Group, Inc., 785 F.2d 1108, 1116 (3d Cir.1986); Borden Co. v. Sylk, 410 F.2d 843, 845 (3d Cir.1969); cf. … Moreover, the order at issue fails to qualify as a collateral order under Cohen because it does not conclusively resolve a disputed issue.

Roy A. Mott v. Odeco, Third-Party v. Quality Equipment, Inc., Third-Party

577 F.2d 273 · Court of Appeals for the Third Circuit · Jul 28, 1978

Article 2322 also provides for recovery if the "ruin" is occasioned by a "vice in its original construction." 12 Our thorough review in Moczygemba of the governing Louisiana law thus establishes two propositions. … These qualifiers, while hardly words of limitation, do admit of interpretation and sometimes subtle distinction. See, e. g., Martin Wright Electric Co. v. W. R.

Gul v. Attorney General of the United States

385 F. App'x 241 · Court of Appeals for the Third Circuit · Jun 30, 2010

To “relate” means “ ‘to show or establish a logical or causal connection between.’” Id. at 995 0quoting Webster’s New International Dictionary 1916 (3d ed.2002)). … This distinguishes Gul’s case from those where laws prohibiting generic and inchoate conduct have been found not to relate to a controlled substance under the CSA, even if the underlying conduct clearly involved such a substance

Maguire v. Hughes Aircraft Corp.

912 F.2d 67 · Court of Appeals for the Third Circuit · Aug 23, 1990

Instead, Allison and MPB identified in the record undisputed evidence showing that the Army’s approval of this type of design change was measured and clearly discretionary. … Since there was no “rubber stamp” involved, the district court correctly held that the Army approved reasonably precise specifications and that Allison and MPB therefore qualified for the government contractor defense under

Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, Inc

369 F.3d 700 · Court of Appeals for the Third Circuit · May 24, 2004

“[Physicians are not immune from confusion or mistake.” Id. (quotation omitted); see also Syntex Labs., Inc. v. … not establish a “serious health risk” and its conclusion that “[therefore, the public interest does not favor” injunctive relief.

Mary Boley v. Universal Health Services Inc

36 F.4th 124 · Court of Appeals for the Third Circuit · Jun 1, 2022

FACTS AND PROCEDURAL HISTORY Universal Health Services, Inc. sponsors the Universal Health Services, Inc., Retirement Savings Plan (the “Plan”), a defined contribution retirement plan,2 in which qualified employees … A district court abuses its discretion if its decision granting or denying class certification “rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.”

Lauderbaugh v. Hopewell Township

319 F.3d 568 · Court of Appeals for the Third Circuit · Feb 11, 2003

Her argument is clearly misplaced. In Acierno v. Mitchell, 6 F.3d 970 (3d Cir.1993), we rejected an identical argument. … The act provides: Whenever a Federal manufactured home construction and safety standard established under this chapter is in .effect, no State or political subdivision of a State shall have any authority either to establish

Benner v. Oswald

592 F.2d 174 · Court of Appeals for the Third Circuit · Jan 24, 1979

The institution broadened somewhat in 1862 when Congress passed the Morrill Act, which established land grant colleges. 7 U.S.C. § 301 et seq. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

Demirjian v. Commissioner

457 F.2d 1 · Court of Appeals for the Third Circuit · Mar 7, 1972

Court’s determination that 26 U.S.C. § 703 (b) requires that the election and replacement under § 1033 be made by the partnership and that replacement by individual partners of property owned by the partnership does not qualify … The facts, when taken together, establish the intent of Anne and Mabel to conduct their real estate business as a partnership. See Commissioner of Internal Revenue v.

Yan Qing Chen v. Attorney General of the United States

349 F. App'x 800 · Court of Appeals for the Third Circuit · Oct 22, 2009

To establish eligibility for "withholding of removal, an applicant must demonstrate “a clear probability of persecution.” See Fatin v. INS, 12 F.3d 1233, 1238 (3d Cir.1993). … The BIA’s opinion clearly acknowledged the voluminous record compiled by Chen and concluded that it was insufficient to carry his burden of proof.

Bixler v. Central Pennsylvania Teamsters Health & Welfare Fund

12 F.3d 1292 · Court of Appeals for the Third Circuit · Dec 28, 1993

Just as Drivers’ withdrawal from the Fund had been a “qualifying event” under COBRA, triggering its provisions, so was the strike. … Her circumstance was clearly broader than her inquiry.

18 Collier bankr.cas.2d 34, Bankr. L. Rep. P 72,032, 5 Ucc rep.serv.2d 354 in Re Meyertech Corp., Debtor. Southeastern Sprinkler Company, Inc. v. Meyertech Corp

831 F.2d 410 · Court of Appeals for the Third Circuit · Oct 14, 1987

In a recent case involving a district court's partial remand to a bankruptcy judge, we qualified our assumption of the pragmatic approach and referred to the traditional attitude of general reluctance to adopt an expansive … awarded damages for the loss of labor productivity citing the absence of another method to calculate damages with a reasonable degree of certainty. 76 Also, before the total cost method can be applied the plaintiff must establish

Harold MASON, Appellant, v. Donna E. SHALALA, Secretary of Health & Human Services, Appellee

994 F.2d 1058 · Court of Appeals for the Third Circuit · Jun 1, 1993

The Supreme Court has described a five-part test established by the Secretary to determine whether a person is disabled. … If the claimant’s impairment matches or is “equal” to one of the listed impairments, he qualifies for benefits without further inquiry. § 416.920(d).

Pennsylvania Family Institute, Inc. v. Black

489 F.3d 156 · Court of Appeals for the Third Circuit · May 25, 2007

Therefore, in order to maintain a “right to listen” claim, a plaintiff must clearly establish the existence of a “willing speaker.” … Without such a showing, PFI cannot establish that the questionnaire respondents qualify as willing speakers.

Free Speech Coalition, Inc. v. Attorney General United States

787 F.3d 142 · Court of Appeals for the Third Circuit · May 14, 2015

But neither side successfully established at trial where the line between “clearly mature” and “possibly underage” can effectively be drawn. … Thus, the additional burdens arising from collecting identification from clearly mature adults does not establish that a “substantial portion of the burden on speech does not serve to advance [the Government’s] goals.”

Greenwich Collieries v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and Andrew Ondecko

990 F.2d 730 · Court of Appeals for the Third Circuit · Mar 23, 1993

The first basis, which is the one utilized by the ALJ in the case sub judice, requires a claimant to produce a qualifying X ray which establishes the presence of pneumoconiosis. 20 C.F.R. §§ 718.202 (a)(1), 718.102. … “To prove” means “to establish or make certain; to establish a fact or hypothesis as true by satisfactory and sufficient evidence.” Lawson v.

United States v. Antonio Torres

862 F.2d 1025 · Court of Appeals for the Third Circuit · Dec 9, 1988

We find these precedents clearly distinguishable. … Defendant contends, however, that to be considered a federal employee, Officer Abel had to have taken an oath before a person qualified to administer it.

Sheet Metal Workers, Local 19 v. 2300 Group, Inc.

949 F.2d 1274 · Court of Appeals for the Third Circuit · Nov 26, 1991

TM & M responded that until April, 1983, Powell did no sheet metal work, was not a member of the Union, and was not yet qualified to do such work. The district court sided with TM & M. … The district court’s determination in this regard was not clearly erroneous. 10 VI.

Conoco, Inc. E.I. Du Pont De Nemours and Co., in No. 91-3589 v. Samuel K. Skinner, Secretary of Transportation Warren G. Leback, Maritime Administrator and the United States of America. Conoco, Inc. E.I. Du Pont De Nemours and Co., in No. 91-3920 v. Samuel K. Skinner, Secretary of Transportation Nicholas F. Brady William A. Kime, Commandant of the Coast Guard Warren G. Leback, Administrator, U.S. Department of Transportation Carol B. Hallett, Commissioner of Customs, U.S. Customs Service

970 F.2d 1206 · Court of Appeals for the Third Circuit · Aug 18, 1992

-documented vessels from corporations that qualified as U.S. citizens. … We need not look to these factors, however, since Conoco has not established by "the clearest proof" that Congress intended the forfeiture provisions to be a criminal penalty.