Case law

Kanivets v. Atty Gen USA

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. Reynoso-Lopez v.

Zubik v. Zubik

384 F.2d 267 · Court of Appeals for the Third Circuit · Sep 29, 1967

Plaintiffs have “the burden of establishing, by a preponderance of the evidence, that the corporation was an artifice and a sham designed to execute illegitimate purposes in abuse of the corporate fiction and the immunity … But such “privity” cannot, without more, satisfy the libellants’ burden of establishing Charles, Sr.’s individual liability for negligence.

Patria Laureano v. Attorney General United States of America

Court of Appeals for the Third Circuit · May 29, 2026

Holder, 712 F.3d 1338, 1345 (9th Cir. 2013) (holding that “Congress has clearly expressed its intent: the overall structure of the INA compels the conclusion that Section 1231(b)(3)(B)(iv) establishes but one category of … ‘per se’ [PSC]s, and requires the agency to conduct a case-by-case analysis of convictions falling outside the category established by Congress”); N-A- M- v.

Davis v. Glanton

107 F.3d 1044 · Court of Appeals for the Third Circuit · Mar 3, 1997

Based on the prohibition against prosecution contained in § 203, the Court concluded that “nonforcible attempts to gain admittance to or remain in establishments covered by the Act, are immunized from prosecution.” … City of Rock Hill immunized state court defendants from prosecution for trespass, Griffin v. Breckenridge, 403 U.S. 88 (1971), held that § 1985(3) immunizes the Trustees from a defamation action.

Ursic v. Bethlehem Mines

719 F.2d 670 · Court of Appeals for the Third Circuit · Oct 19, 1983

Similarly, a clearly erroneous finding of fact may require reversal. Ibid. … Delaware passed An Act for Regulating and Establishing Fees in 1793.

Sun Oil Company Of Pennsylvania v. M/T Carlisle

771 F.2d 805 · Court of Appeals for the Third Circuit · Sep 4, 1985

Secs. 1300 et seq. (1982) (COGSA), precludes the implication of the alleged custom into the contract; second, that certain factual determinations of the district judges were clearly erroneous; and third, that the judges erred … Section 4 sets forth the rights and immunities of the carrier, 46 U.S.C.

West v. Bowen

879 F.2d 1122 · Court of Appeals for the Third Circuit · Sep 11, 1989

members with a meaningful opportunity to establish their entitlement." … Clearly, the statutory process invoked by Sec. 2012(r) survives such a review.

Miguel Perez v. Camden County Municipal Court

714 F. App'x 134 · Court of Appeals for the Third Circuit · Oct 25, 2017

Camden argues that this Court nevertheless has jurisdiction under 28 U.S.C. § 1291 and the collateral order doctrine established in Cohen v. … Just as municipalities cannot assert qualified immunity defenses as a means of gaining review of adverse denials of summary judgment, neither can Camden assert a judicial immunity defense to appeal this District Court

Otto E. Pritchard v. Liggett & Myers Tobacco Company

295 F.2d 292 · Court of Appeals for the Third Circuit · Nov 7, 1961

He established and, at the time of his testimony, was a member of the Overholt Thoracic Clinic in Boston. Dr. Charles S. … He also was a well qualified witness. In 1936 he came to the Cancer Hospital of the State of New York to specialize in the study of the epidemiology of cancer.

James Suber v. Chrysler Corporation v. Kontinental Koaches, Inc., A/K/A and D/B/A Kontinental Konversions, Third-Party Chrysler Corporation, Third-Party

104 F.3d 578 · Court of Appeals for the Third Circuit · Feb 18, 1997

We have also held that "the record must clearly establish that after jurisdiction was challenged the plaintiff had an opportunity to present facts by affidavit or by deposition, or in an evidentiary hearing, in support of … Id. 56:8-19 . 38 Suber also relies on the NJCFA to establish subject matter jurisdiction.

Pennsylvania Protection & Advocacy, Inc. v. Feather Houstoun, in Her Official Capacity as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania Charles Curie, in His Official Capacity as Deputy Secretary of the Office of Mental Health of the Department of Public Welfare of the Commonwealth of Pennsylvania Gregory M. Smith, in His Official Capacity as the Superintendent of Allentown State Hospital

228 F.3d 423 · Court of Appeals for the Third Circuit · Oct 3, 2000

The Act provides funding for the states to establish independent organizations (referred to in the Act as "eligible systems") that monitor and protect the rights of the mentally ill. See 42 U.S.C. S 10803 . … (PP & A) is a Pennsylvania non-profit corporation that is qualified as an "eligible system" under PAMII.

United States Ex Rel. Spay v. CVS Caremark Corp.

875 F.3d 746 · Court of Appeals for the Third Circuit · Nov 16, 2017

The Prescriber ID Qualifier specified which of these four types of numbers was being submitted. … The automated system that CMS used to process the PDEs would reject any PDE with a blank Prescriber ID or blank Prescriber ID Qualifier field.

Flakewood Tucker, III v. Thomas Jefferson Univ

484 F. App'x 710 · Court of Appeals for the Third Circuit · Jun 7, 2012

To establish a prima facie case of race discrimination, Tucker must show that he (1) is a member of a protected class; (2) was qualified for the position; (3) was terminated; and (4) the termination gave rise to an inference … Clearly he cannot.

Heffner v. Union National Bank & Trust Co.

639 F.2d 1011 · Court of Appeals for the Third Circuit · Jan 29, 1981

The district court’s finding as to the shareholders’ intent was not clearly erroneous. … Finally, we note that as a result of our decision, the Board will consist of the holdover directors from the 1979 Board who are still qualified directors and Ms.

Hoxworth v. Blinder, Robinson & Co.

903 F.2d 186 · Court of Appeals for the Third Circuit · May 9, 1990

Although not a party to the district court action, Blinder International clearly meets the usual standing requirements to pursue this appeal. … Co., - U.S.-, 109 S.Ct. 2893, 2900 , 106 L.Ed.2d 195 (1989), necessary to establish a RICO pattern. .

Dole v. East Penn Manufacturing Co.

894 F.2d 640 · Court of Appeals for the Third Circuit · Jan 29, 1990

was not clearly foreshadowed. … As a *646 precedent, its rationale was not clearly established and East Penn knew that the decision could be overturned on review by the Fifth Circuit, as it eventually was.

Rothlein v. Armour & Co.

391 F.2d 574 · Court of Appeals for the Third Circuit · Mar 26, 1968

The appellants allegedly represented a class of eighty-six employees and sought an accounting and payment of amounts owing them under a pension plan established by Armour in 1952. … agreement, Teamsters Local 249 agreed that all employees would withdraw from and cease to have any right, title or interest in the Armour Pension Plan or Pension Fund, with the exception of five named employees who could not qualify

Yusupov v. Attorney General of the United States

518 F.3d 185 · Court of Appeals for the Third Circuit · Mar 27, 2008

The statutory context does not indicate that Congress clearly intended to incorporate criminal law standards. … The “serious reasons” standard does not map clearly to any criminal law criterion.

Pacific International Marketing, Inc. Walden-Sparkman, Inc. J & R Orchards Desert Fresh, Inc. Centre Maraicher Eugene Guinos Jr., Inc. Bonipak Produce Co. Blazer-Wilkinson, LLC Agri-Sales, Inc. Frank Spingola & Son Ltd. Mark Martin's J-Mart Express, Inc. Burch Equip., LLC United Savings Bank Frutech, Inc. William Walters Tanimura & Antle, Inc. Metz Fresh, LLC Doud & Associates, Inc. Boskovich Farms, Inc. Dennis B. Johnston Gerald A. Johnston Johnston Farms West Coast Distributing, Inc. Exel Transportation Services, Inc. Bartolotta, Inc. (Intervenors in d.c.) v. A & B Produce, Inc. Anthony G. Badolato, an Individual Teamsters Health and Welfare Fund of Philadelphia, Teamsters Pension Trust Fund of Philadelphia and Vicinity (Eastern District of Pa Civil No. 03-3564). Frank Spingola & Sons, Ltd. v. A & B Produce, Inc. Anthony Badolato (Eastern District of Pa Civil No. 03-5556). Exel Transportation Services, Inc., (Amended in Accordance With the Clerk's Order Dated 9/3/04). (Dismissed Per the Clerk's Order of 9/22/04)

462 F.3d 279 · Court of Appeals for the Third Circuit · Aug 30, 2006

Packed Fresh Produce, Inc., 222 F.3d 132, 138 (3d Cir.2000) ("[D]istrict courts clearly have jurisdiction over actions by private parties seeking to enforce payment from the [PACA] trust."). … See, e.g., Country Best, 361 F.3d at 631 ("We must decide whether sellers who are beneficiaries of a trust established under [PACA] are entitled to attorney fees and costs as provided in their contracts.")

United States v. Louis Parise, Jr.

159 F.3d 790 · Court of Appeals for the Third Circuit · Oct 28, 1998

The record discloses that their established duties embraced primarily accounting and financial reporting. … Pegan and Rywelski testified under immunity agreements, as did Sacks. . The few cases in Pennsylvania that interpret § 4108 do not address the issue at hand. United States v.