Case law

United States v. Hitham Abuhouran A/K/A Steve Houran

161 F.3d 206 · Court of Appeals for the Third Circuit · Nov 19, 1998

Under § 5K2.0, a district court “may impose a sentence outside the range established by the applicable guidelines” in exceptional cases. U.S.S.G. § 5K2.0. “The Guidelines ... … Second, he claims that no other provision is immune from the statutory departure provision, 18 U.S.C. § 3553 (b).

Frank W. Leuthner v. Blue Cross And Blue Shield Of Northeastern Pennsylvania

454 F.3d 120 · Court of Appeals for the Third Circuit · Jul 10, 2006

For constitutional and prudential standing it is well established that standing must exist at the time the suit is commenced and throughout the suit. See, e.g., Friends of the Earth v. Laidlaw Envtl. … The third point seems to ignore Mikulis's allegation that the company promised her in 1992 that the health insurance benefits offered under the then-existing plan would not be subject to change, a representation that is clearly

In Re: Orthopedic Bone Screw Products Liability Litigation Legal Committee, at 98-1762 American Academy of Orthopaedic Surgeons, North American Spine Society, and Scoliosis Research Society (The Medical Associations), at 98-1829

193 F.3d 781 · Court of Appeals for the Third Circuit · Oct 7, 1999

The District Court rejected this argument, holding that the complaints allege false and misleading commercial speech, which does not qualify for First Amendment protection. … The question, then, is whether violation of a federal statute imposing criminal penalties but establishing no private right of action may serve as a basis for civil recovery under state conspiracy law. 20 The established

Leamer v. Fauver

288 F.3d 532 · Court of Appeals for the Third Circuit · Apr 19, 2002

provides for liability on the part of any state actor who “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 … Therapy is thus an inherent and integral element of the scheme, and its deprivation is clearly a grievous loss not emanating from the sentence.

Leamer v. Fauver

288 F.3d 532 · Court of Appeals for the Third Circuit · Apr 19, 2002

provides for liability on the part of any state actor who "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 … Therapy is thus an inherent and integral element of the scheme, and its deprivation is clearly a grievous loss not emanating from the sentence.

United States v. Rose

487 F. App'x 33 · Court of Appeals for the Third Circuit · Jul 2, 2012

The Government sought to qualify Madera as an expert witness based on the fact that he had conducted narcotics tests for the Philadelphia Police Department for more than twenty years. … Moreover, the district court clearly admonished the jury that neither “arguments of counsel” nor “testimony ... to which an objection was sustained by the Court” could provide a basis for the jury’s verdict. Cf.

In Re ORTHOPEDIC BONE SCREW PRODUCTS LIABILITY LITIGATION, Plaintiffs Legal Committee, Appellant

159 F.3d 817 · Court of Appeals for the Third Circuit · Nov 17, 1998

The § 510(k) process thus established no federal requirement “applicable to a device” within the meaning of the MDA. … We concluded: The jury heard the testimony of four well qualified expert witnesses ... from which they could infer ... (1) that had the FDA had these reports, it would have required notice to the medical community (through

Halderman v. Pennhurst State School & Hospital

673 F.2d 647 · Court of Appeals for the Third Circuit · Feb 26, 1982

There is no suggestion in the Schmidt opinion that this order would be qualified by the necessity for appropriations. … Clearly, the procedures that Pennsylvania has established are, on their face, fully adequate to protect the state law right to habilitation in the least restrictive environment.

Cordova v. Attorney General of the United States

500 F. App'x 168 · Court of Appeals for the Third Circuit · Oct 10, 2012

then reminded Cordova and his counsel that Cordova would be required to prove that he had been in the United States for 10 years, had been a person of good moral character for 10 years, and then the focus would be on his qualifying … However, Cordova had been clearly directed to submit his evidence 15 days before the September 11, 2009 hearing, yet he never communicated with his attorney after November, 24, 2008, nor did he provide his attorney with the

Roman Catholic Church of St. Anthony of Padua v. Pennsylvania R.

207 F. 897 · Court of Appeals for the Third Circuit · Aug 25, 1913

Such location was a matter of indifference to the public, and consequently, with respect to such an act, the> corporation stood on the footing of an individual and was entitled to no superior immunities. … All this is clearly pointed out by the author, in Pomeroy's Equity Jurisprudence, vol. S, § 470.

National State Bank, Elizabeth v. Long

630 F.2d 981 · Court of Appeals for the Third Circuit · Sep 17, 1980

Disclosure Act does not expressly exempt national banks from state reporting and disclosure requirements, but the legislative history makes clear what the statute implies: federally chartered financial institutions are immune … See, e. g., 12 U.S.C. §§ 36 (c) (establishment of branch banks), 85 (interest rates). As the Supreme Court recognized in Franklin National Bank v.

United States v. Armocida

515 F.2d 29 · Court of Appeals for the Third Circuit · Apr 11, 1975

Greene’s affidavit clearly meets these two requirements. As such, it is adequate to support an independent judgment of probable cause. … By this standard, Greene’s affidavit is clearly sufficient to support the finding made by the court. B.

United States v. Frank Alper, United States of America v. Frank Alper Appeal of Stanley M. Greenberg

449 F.2d 1223 · Court of Appeals for the Third Circuit · Nov 2, 1971

It was clearly sufficient to withstand a motion for a judgment of acquittal and to sustain the jury’s verdict against Alper. … The next day Greenberg’s attorney cross-examined Brammer and established that Brammer had not originated the call, and had not previously met or spoken to Greenberg.

United States v. Adekunle Adeolu

836 F.3d 330 · Court of Appeals for the Third Circuit · Sep 12, 2016

Rather, our existing test for the application of this enhancement requires a “nexus” between the victim’s vulnerability and the crime’s success, a requirement clearly 2 met in this case. … We agree that testimony from an employee, Olugboyega “Remi” Fisher, credibly establishes that Adeolu was the organizer of fraudulent activity involving at least five participants.

Jorden v. National Guard Bureau

877 F.2d 245 · Court of Appeals for the Third Circuit · Jun 6, 1989

Since the plaintiff failed to comply with this order, he was properly found to be not medically qualified for world wide duty or retention. … These findings are clearly supported by evidence of record.

Gerling International Insurance Co. v. Commissioner of Internal Revenue. Appeal of Gerling International Insurance Co

839 F.2d 131 · Court of Appeals for the Third Circuit · Jan 29, 1988

Like almost all cases on this issue, Wilson dealt with a request for information that was clearly related to the corporation’s business and not personal in nature. … This second principle has been qualified to exclude personal information, however. In Phoenix Savings & Loan, Inc. v.

Carlos Calderon-Escobar v. Attorney General United States of America

Court of Appeals for the Third Circuit · Jan 10, 2025

least ten years, (2) be of good moral character during that time, (3) have not been convicted of certain criminal offenses, and (4) demonstrate that removal would result in “exceptional and extremely unusual hardship to [a qualifying … The BIA, thus, clearly erred in finding that he had not submitted evidence to show that his son had been diagnosed by a physician and recommended for further evaluation and treatment at one of the nation’s top pediatric

William A. Nix (And 43 Others) v. Spector Freight System, Inc., a Corporation

264 F.2d 875 · Court of Appeals for the Third Circuit · Apr 1, 1959

Nevertheless, according to the complaint, Spector wrongfully disregarded the seniority requirements of the Mid-States contract and, in collusion with Local 478, established an unlawful seniority listing, alternating the names … Certainly the circumstances before us in no way qualify to substantially support the arbitration as a judgment under the governing New Jersey arbitration law, N.J.S.A. 2A:24-1 et seq.

United States v. Samuel Roman, A.K.A. Samuel Mercado Samuel Roman, United States of America v. Oscar Roman, A.K.A. Oscar Mercado

121 F.3d 136 · Court of Appeals for the Third Circuit · Aug 15, 1997

“Factual findings are clearly erroneous if the findings are unsupported by substantial evidence, lack adequate evidentiary support in the record, are against the clear weight of the evidence or where the district court has … We take this opportunity to express our concern over the manner in which the government chose to establish that the substance involved in this case was crack.

Church Mutual Insurance Co. v. Alliance Adjustment Group

708 F. App'x 64 · Court of Appeals for the Third Circuit · Sep 15, 2017

Many of these new allegations, however, involve the same type of communication as that included in the original complaint—communication to which the judicial privilege clearly attaches. … According to Church Mutual, this evidence was necessary for it to establish its conspiracy claim for the purposes of surviving summary judgment.