Case law
Opinions from 1658 to today.
9,730 results
2.34s
Carlos Bastardo-Vale v. Attorney General United States
934 F.3d 255 · Court of Appeals for the Third Circuit · Aug 12, 2019
Indeed, the entire regimen established under the Immigration and Nationality Act and related treaties impose burdens on the Executive’s exercise of authority. … The court’s declaration to the contrary is nothing more than ipse dixit, and my colleagues’ citation to it is also an ipse dixit; it could not more clearly conflict with the statutory text.
Cited 38 timesPublished787 F.2d 128 · Court of Appeals for the Third Circuit · Apr 23, 1986
He proceeded to explain why the procedures established for determining withdrawal liability are not unreasonable. … The report must be prepared and signed by a qualified actuary. See also 26 U.S.C. Sec. 412 (c) (requiring similar determinations for income tax purposes).
Cited 12 timesPublishedAmerican Steel & Wire Co. v. Tynan
183 F. 949 · Court of Appeals for the Third Circuit · Jan 28, 1911
child and shall have the same and equal right to its custody and services as is now by law possessed by her husband, who is the father of said minor child; provided,-however, that the mother of said minor child is otherwise qualified … Under the Pennsylvania Constitution, which requires that the subject of every bill must be clearly expressed in tlie title, it is always permissible to examine the title for aid in construing the body of a statute.
Cited 1 timesPublished279 F.3d 163 · Court of Appeals for the Third Circuit · Jan 29, 2002
Weston and Farris were clearly accomplices in the offense of conviction and in their joint purchases of cocaine powder from Poppy. … Therefore, argues Weston, *180 the district court’s estimate of the total volume of drugs was clearly erroneous. We disagree.
Cited 135 timesPublishedCourt of Appeals for the Third Circuit · Feb 7, 2006
To apply the doctrine in a case such as this, where a clearly deportable alien continues to commit criminal acts after initial proceedings are terminated, would frustrate this statutory purpose. … This prospective immunization against removal is plainly contrary to congressional intent.
Cited 0 timesPublishedTrancho 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
Cited 0 timesPublished101 F.3d 925 · Court of Appeals for the Third Circuit · Dec 3, 1996
from bringing suit by the doctrine of sovereign immunity. … For these reasons, count 1 is not barred by sovereign immunity. IV.
Cited 1 timesUnknownGeorge Lattera Angeline Lattera v. Commissioner of Internal Revenue
437 F.3d 399 · Court of Appeals for the Third Circuit · Feb 14, 2006
We review the Tax Court’s legal determinations de novo, but we do not disturb its factual findings unless they are clearly erroneous. Estate of Meriano v. Comm’r, 142 F.3d 651, 657 (3d Cir.1998). … As Marvin Chirelstein writes, the “ ‘substitute’ language, in the view of most commentators, was merely a short-hand way of asserting that carved-out interests do not qualify as capital assets.” Marvin A.
Cited 16 timesPublishedTimes Mirror Magazines, Inc. v. Las Vegas Sports News, L.L.C., D/B/A Las Vegas Sporting News
212 F.3d 157 · Court of Appeals for the Third Circuit · May 3, 2000
Because a mark does not qualify for federal trademark registration unless it is distinctive, see 15 U.S.C. … The double-barreled language "distinctive and famous" reflected the goal that protection should be confined to marks "which are both distinctive, as established by federal registration at a minimum, and famous, as established
Cited 82 timesPublishedNational Labor Relations Board v. FedEx Freight, Inc.
832 F.3d 432 · Court of Appeals for the Third Circuit · Aug 9, 2016
As the Fourth Circuit recently explained in Nestle Dreyer’s: Lundy does not establish that the overwhelming-community-of-interest test as later applied in Specialty Healthcare fails to comport with the NLRA. … They “engaged in virtually the same task — moving freight from place to place,” were “distinctly qualified and skilled because of their licensure requirements, and use[d] the same type of equipment.” Id. at 13 .
Cited 15 timesPublishedBuchholz v. Midwestern Intermediate Unit IV
128 F. App'x 890 · Court of Appeals for the Third Circuit · Apr 19, 2005
The other is qualified immunity. The first, the statute of limitations, is a law that provides that a claim is barred if a plaintiff does not bring it within a prescribed period. … That Defendants did not engage in any actionable wrong in the two years preceding September 26, 2001, is clearly evidenced in the record.
Cited 1 timesUnpublished826 F.2d 230 · Court of Appeals for the Third Circuit · Aug 19, 1987
Pitt's Discharge of Jackson 13 Appellees make no contention that Jackson has failed to establish a prima facie case under the McDonnell Douglas method of proof. … Proof of discharge will establish a prima facie showing in a Title VII suit."), cert. denied, 475 U.S. 1035 , 106 S.Ct. 1244 , 89 L.Ed.2d 353 (1986).
Cited 1 timesPublished477 F.2d 1038 · Court of Appeals for the Third Circuit · Jun 25, 1973
A different standard is clearly applied to men than to women. See Sprogis v. United Air Lines, Inc., 444 F.2d 1194 (7 Cir.1971), cert. denied 404 U.S. 991 , 92 S.Ct. 536 , 30 L.Ed.2d 543 (1971). … , sufficiently establish that these married women were discriminated against on the basis of their sex.
Cited 0 timesPublishedSteven Jankowski v. Extendicare Homes Inc
436 F. App'x 66 · Court of Appeals for the Third Circuit · Jul 7, 2011
The District Court determined that Jankowski “failed to establish that the need for secrecy outweighs the presumption in favor of access [to judicial records].” (DC Op., dkt #14 at pg. 2). … We may summarily affirm an order of the District Court “if it clearly appears that no substantial question is presented” by the appeal.
Cited 2 timesUnpublishedUnited States Court of Appeals, Third Circuit
788 F.2d 196 · Court of Appeals for the Third Circuit · Apr 22, 1986
Appellees also assert that they enjoy either absolute immunity under Butz v. Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), or qualified immunity under Harlow v. … broad characterization of the office as executive or ministerial."). 10 Given our views of the other issues in the case, we need not reach the Bivens or qualified immunity issues.
Cited 0 timesUnpublishedSunbury Wire Rope Manufacturing Company v. United States Steel Corporation
230 F.2d 511 · Court of Appeals for the Third Circuit · Feb 29, 1956
That case establishes that when a foreign corporation, obeying a requirement of state law, files an actual designation and consent empowering a statutory agent to accept for it legal process issued within the state, its action … The intent of the Pennsylvania Business Corporation Law seems rather clearly to be that foreign corporations doing business within the state shall submit to the jurisdiction of federal as well as state courts in all types
Cited 1 timesPublishedCourt of Appeals for the Third Circuit · Sep 13, 2007
While Post had not at that point declined to take an FCE, Hartford’s error clearly cannot be attributed to a lack of neutrality on its part. … Lynch’s report is not unassailable, but it is reasoned, consistent with the rest of Post’s medical records, persuasively establishes that there is no objective evidence to support Post’s claim of total disability, and clearly
Cited 0 timesPublished554 F.2d 93 · Court of Appeals for the Third Circuit · Apr 19, 1977
afford a federal right in federal courts because, by reason of prejudice, passion, neglect, intolerance or otherwise, state laws might not be enforced and the claims of citizens to the enjoyment of rights, privileges, and immunities … Kugler, 446 F.2d 1343 (3d Cir. 1971), clearly was in harmony with Justice Blackmun's statements. 20 Plaintiffs' proofs here are responsive to our directive in Lewis v.
Cited 5 timesPublishedShakur Gannaway v. Prime Care Medical Inc
652 F. App'x 91 · Court of Appeals for the Third Circuit · Jun 13, 2016
pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 Earlier, the District Court properly granted in part a motion to dismiss, holding that the “non-medical Commonwealth Defendants are entitled to sovereign immunity … We may summarily affirm a decision of the District Court where “it clearly appears that no substantial question is presented or that subsequent precedent or a change in circumstances warrants such action.” 3d Cir.
Cited 37 timesUnpublishedRobert Wood Johnson v. Secretary HHS
Court of Appeals for the Third Circuit · Jul 15, 2002
Reclassifications are temporary, and hospitals that qualify must apply every three years. § 1395ww(d)(10)(D)(v).1 Congress established the Medicare Geographic Classification Review Board (MGCRB) to pass upon applications … Having qualified in previous years for reclassification to the New York City MSA, the Hospital sought reclassification again for FFY 2002.
Cited 0 timesPublished
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