Case law

United States v. Howe

Court of Appeals for the Third Circuit · Sep 18, 2008

The Government, as the appellant in this case, bears the burden of establishing that the sentence is unreasonable. United States v. Cooper, 437 F.3d 324, 332 (3d Cir. 2006). … This hardly qualifies as a “strenuous objection.” Nor did the Government file a written sentencing memorandum prior to the sentencing hearing.

Minizza v. Stone Container Corp. Corrugated Container Div. East Plant

842 F.2d 1456 · Court of Appeals for the Third Circuit · Mar 28, 1988

In order to qualify for the second year payment, the employee had to have six months active status prior to the payment date. … Lady Jane Collieries, Inc., 722 F.2d 1141, 1143 (3d Cir.1983), and the employer bears the burden of establishing an exemption, Idaho Sheet Metal Workers, Inc. v.

In Re: Rajesh Mehta

Court of Appeals for the Third Circuit · Nov 14, 2002

affordable for a greater number of qualified students. … However, those distinctions do not establish a difference.

Fellner v. Tri-Union Seafoods, L.L.C.

539 F.3d 237 · Court of Appeals for the Third Circuit · Aug 19, 2008

The Advisory does recommend continued fish consumption within certain parameters, but that recommendation is clearly not inconsistent with a warning against excess consumption. … Medtronic’s construction of § 360k would therefore have the perverse effect of granting complete immunity from design defect liability to an entire industry that, in the judgment of Congress, needed more stringent regulation

In Re: Grand Jury

Court of Appeals for the Third Circuit · Apr 5, 2002

It instead established a rebuttable presumption in favor of grand jury subpoenas. … S 6003, to issue grants of immunity.

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.

United States v. Hayward

Court of Appeals for the Third Circuit · Mar 5, 2004

DNA testing established that and forced her to kiss him. … The government clearly probative of the facts surrounding must prove beyond a the crime charged.

Edward Koren v. Frank Noonan

586 F. App'x 885 · Court of Appeals for the Third Circuit · Sep 16, 2014

February 21, 2013 dismissing Koren’s Complaint and its order of October 4, 2013 denying reconsideration.5 5 In light of our conclusions above, we need not address whether Appellees are entitled to qualified … immunity and whether Koren could overcome that immunity. 11

Unger v. National Residents Matching Program

928 F.2d 1392 · Court of Appeals for the Third Circuit · Apr 2, 1991

Unger’s complaint does clearly state that at the time of her admission into Temple’s dermatology residency program she was a physician licensed to practice medicine in Pennsylvania. … In addition, she had to establish that the deprivation of any liberty or property interest occurred without due process.

Kahn, Emily v. United States

753 F.2d 1208 · Court of Appeals for the Third Circuit · Feb 19, 1985

But she can not seek immunization from the penalty — as Thoreau recognized — regardless as to what she may *1216 perceive as the morality of her position. … We find, however, that the courts’ analyses have been sparse and divergent, failing to establish any uniform mode of review.

Ferri v. Bell

645 F.2d 1213 · Court of Appeals for the Third Circuit · Apr 9, 1981

Assuming he could establish that such a deal was made, without his knowledge, Ferri might be entitled to a new trial. Under Brady v. … In order for the information to qualify for Exemption 7(E), then, it must satisfy two requirements: first, that the requested document is such an "investigatory record", and secondly, that the technique it threatens to disclose

Feesers Inc v. Michael Foods Inc

Court of Appeals for the Third Circuit · Aug 14, 2007

This is not clearly either a second-line or third- line case, but falls somewhere in between these categories. See George Haug Co. v. … Such direct competition for the resale of the same product to the same customers qualifies as “actual competition” under the Act.

Jaswinder Singh v. Uber Technologies Inc

939 F.3d 210 · Court of Appeals for the Third Circuit · Sep 11, 2019

Setting aside the affidavit submitted by Uber as not qualifying as any of these, the Amended Complaint and the Rasier Agreement each independently establish that Uber drivers transport passengers. … Id. at 543 n.12 (emphasis added).7 6 The cases that the Court cited in support of this proposition also clearly contemplated the presence of seamen on passenger ships.

The American Civil Liberties Union Of New Jersey v. Black Horse Pike Regional Board Of Education

84 F.3d 1471 · Court of Appeals for the Third Circuit · May 24, 1996

Lee clearly established that the "once-in-a-lifetime event" does not justify allowing a public school to authorize collective prayer under the circumstances of that case. … Spang, 957 F.2d at 1120 , that commencement exercises at a public high school could qualify as a public forum.

Tjhi v. Attorney General of the United States

252 F. App'x 457 · Court of Appeals for the Third Circuit · Oct 29, 2007

Specifically, Tjhi accused the IJ of making several “clearly erroneous factual conclusions” about country condi *459 tions in Indonesia and the reasonableness of Tjhi’s fear of future persecution. (JA at 78-79.) … To qualify for asylum, a petitioner must show that she is “unable or unwilling to return to ...

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

National Labor Relations Board v. Food Fair Stores, Inc., and Retail Food Clerks Union, Local 1245, Retail Clerks International Association, Aflcio

307 F.2d 3 · Court of Appeals for the Third Circuit · Aug 6, 1962

The court agreed that “assessments” are not “dues”, but that they were “clearly different and separable”. … Borland *9 qualifying his answer. The question and answer follow: “Trial Examiner.

Shahin v. Delaware Department of Transportation

405 F. App'x 587 · Court of Appeals for the Third Circuit · Nov 17, 2010

Clearly, these allegations do not allege the necessary elements for a discrimination claim. Shahin did not identify her membership in a protected class, any position for which she applied, or her qualifications. … Shahin contends that the first two elements were established by her job application and the complaint procedures at the Departments of Transportation and Labor.

In Re: United Healthcare System, Inc., Debtor the Reconstituted Committee of Unsecured Creditors of the United Healthcare System, Inc. v. State of New Jersey Department of Labor

396 F.3d 247 · Court of Appeals for the Third Circuit · Jan 24, 2005

Accordingly, as we have explained, New Jersey has provided qualifying non-profit organizations with this option. 11 B. … The non-profit employer's reimbursement obligation is clearly not a penalty on unlawful activity.

Wade Knight v. Jonathan Kaminski

663 F. App'x 99 · Court of Appeals for the Third Circuit · Sep 28, 2016

United States, 787 F.2d 868 (3d Cir. 1986), we had interpreted the FTCA to waive the Government’s immunity “only in those cases in which a law enforcement or investigative officer commits one of the enumerated intentional … At bottom, the question is whether the movant has established that “extraordinary circumstances” exist. Id.