Case law

Children's Seashore House v. Waldman

197 F.3d 654 · Court of Appeals for the Third Circuit · Nov 30, 1999

Rather, r-4 is a definitional provision that describes certain procedures that a state must satisfy, such as submitting a qualifying plan to the Secretary of Health and Human Services by a certain date to establish an adequate … Likewise, the courts consider discriminatory treatment based upon a citizen's state of residence a potential violation of the Privileges and Immunities Clause. See Lunding v.

U.S. Healthcare, Inc. v. Blue Cross Of Greater Philadelphia

898 F.2d 914 · Court of Appeals for the Third Circuit · Apr 4, 1990

Finally, establishing lack of substantiation of defendant's claim is insufficient without also establishing falsity or deception. … Clearly, both parties have access to the media. Moreover, the magnitude of the advertising campaigns shows their ability to utilize it on a vast scale.

Revell v. Port Auth NY & NJ

321 F. App'x 113 · Court of Appeals for the Third Circuit · Apr 1, 2009

Id. at 739 (“[A] mere ‘interest in a problem,’ no matter how longstanding the interest and no matter how qualified the organization is in evaluating the problem, is not sufficient by itself.”). … First, an organization may be granted “standing in its own right to seek judicial relief from injury to itself and to vindicate whatever rights and immunities the [organization or] association itself may enjoy.”

Freehold Cogeneration Associates, L.P. v. Board of Regulatory Commissioners of New Jersey

44 F.3d 1178 · Court of Appeals for the Third Circuit · Jan 9, 1995

The present attempt to either modify the PPA or revoke BRC approval is “utility-type” regulation — exactly the type of regulation from which Freehold is immune under section 210(e). … That section provides: Any person (including the Secretary) may bring an action against any electric utility, qualifying small power producer, or qualifying cogenerator to enforce any requirement established by a State regulatory

Lindsey Coal Mining Company v. Chater

90 F.3d 688 · Court of Appeals for the Third Circuit · Jun 3, 1996

Moreover, even on the guidelines' own terms, Lindsey cannot establish that it is not "in business." … Although the guidelines exempt liquidating trusts from the "in business" definition, Lindsey does not appear to qualify as a liquidating trust.

Heffner v. Union National Bank And Trust Company

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.

United States v. Malik Nasir

982 F.3d 144 · Court of Appeals for the Third Circuit · Dec 1, 2020

. § 922(g)(1) are entitled to enter a stipulation establishing their status as felons (and thus as persons prohibited from possessing firearms), in which case the government cannot introduce evidence establishing what the … He argues that he should not have 17 received the enhancement because one of his two prior qualifying convictions was an inchoate drug offense, which does not qualify as a predicate offense

Mock v. Northhampton County (In Re Mock)

252 F. App'x 522 · Court of Appeals for the Third Circuit · Nov 1, 2007

Mock appealed, arguing that she financially qualifies for IFP status. We have jurisdiction pursuant to 28 U. S.C. § 1291, see Abdul-Akbar v. … Under these facts, Mock is clearly financially qualified for IFP status. 4 418 F.3d 372, 378-79 (3d Cir. 2005) (holding that a mandamus petitioner must establish, inter alia

Wood v. Zapata Corp.

482 F.2d 350 · Court of Appeals for the Third Circuit · Jun 29, 1973

Judge Huyett’s letter thus clearly alerted the parties to the fact that the “pending” transfer motion, inter alia, was to “be considered” at the July 13, 1972 conference. … Affidavits submitted to the District Court in support of the transfer motion alleged that Zapata neither transacts, nor is it qualified to transact, business in Pennsylvania. .

In Re: Niaspan Antitrust Litigation v.

Court of Appeals for the Third Circuit · May 4, 2023

That finding is not clearly erroneous. 2. … Supp. 3d at 166-67, and, again, that finding is not clearly erroneous.

Perkins v. Comm Social Security

79 F. App'x 512 · Court of Appeals for the Third Circuit · Oct 28, 2003

If other work exists for the claimant, he will not qualify as disabled. Id. IV. … Clearly, the ALJ found Perkins’s depression so non-severe as not to merit any further consideration.

Arab African International Bank v. Epstein

10 F.3d 168 · Court of Appeals for the Third Circuit · Nov 30, 1993

in which it is to be operated; (4) no foreign bank may directly or indirectly establish and operate a State agency or commercial lending company subsidiary outside of its home State, unless its establishment and operation … Clearly, the IBA enables a state to allow or disallow a foreign bank’s establishment of branches, agencies or subsidiaries within its borders. That was not what happened here, however.

In Re New Jersey Title Insurance Litigation

683 F.3d 451 · Court of Appeals for the Third Circuit · Jun 14, 2012

Thus, Appellants are correct that their action does not clearly impact the doctrine’s nondiscrimination strand. … Thus, Appellants must establish standing based on the possibility of future unfair rates. See Phillip E.

Pichardo v. Virgin Islands Commissioner of Labor

613 F.3d 87 · Court of Appeals for the Third Circuit · Jul 8, 2010

But that disposition may not be yielded to, where the lower court has clearly erred.”) (citation omitted). … drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of 15  the United States, or where any title, right, privilege, or immunity

Trancho v. Attorney General of United States

344 F. App'x 817 · Court of Appeals for the Third Circuit · Sep 3, 2009

allow him to apply for an adjustment of status based on an approved labor certification. 1 Pursuant to INA § 212(h)(1)(B), “the Attorney General may, in his discretion,” grant an alien a waiver of inadmissibility, “if it is established … On appeal, the BIA adopted and affirmed the IJ’s determination that his qualifying relatives would not experience extreme hardship should he be removed, and held that Trancho had failed to demonstrate that remand to the IJ

Newark Branch, National Ass'n for the Advancement of Colored People v. City of Bayonne

134 F.3d 113 · Court of Appeals for the Third Circuit · Jan 13, 1998

[T]his standard of review [is] well established."); Bernard v. … Those cases appear to point to the "bottom line" to establish a prima facie case.

Jordine v. Walling

185 F.2d 662 · Court of Appeals for the Third Circuit · Dec 14, 1950

Nor does the fact that it was the Constitution which adopted and established the rules of the maritime law as part of the law of the United States 14 compel the conclusion that a civil action upon a purely maritime claim … been held that a case does not necessarily arise under the Constitution or laws of the United States within the meaning of Section 1331 merely because it involves a federal question, i. e., a “title, right, privilege or immunity

United States v. John Knight

705 F. App'x 58 · Court of Appeals for the Third Circuit · Aug 23, 2017

That clearly establishes that the aggravator he admitted for both first-degree robbery convictions was a threat to use a deadly weapon. Knight relies on United States v. … Ann. § 2C:15-1(a)(1) and § 2C:15-1(a)(2) individually qualify as crimes of violence. 8

United States v. Thomas Gilsenan and Ralph Cicalese

949 F.2d 90 · Court of Appeals for the Third Circuit · Dec 24, 1991

The jurors were qualified in groups and as the members of each group were asked if there was any reason they could not be fair there was no re *94 sponse. 4 The jurors were instructed not to read about the case or listen … The purpose of a hearing is to determine what happened, that is to establish the historical record.

United States v. Black

338 F. App'x 235 · Court of Appeals for the Third Circuit · Jul 16, 2009

Gin-ter, Walsh and Furth used Black to secure mortgage loans for buyers who might be able to qualify for federally *237 funded mortgages through HUD. Appel-lee’s Br. 6. … Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.” Anderson v.