Case law

United States v. Orman

207 F.2d 148 · Court of Appeals for the Third Circuit · Sep 18, 1953

Where, as in the instant case, the questions asked and the documents requested, are not clearly pertinent on their faces to the committee’s authorized investigation, the United States in a contempt proceeding must prove by … Moreover, to “compel an individual to produce evidence, under penalties if he refuses, is in effect a search and seizure, and, unless confined to proper limits, violates his constitutional right to immunity in that regard

Graham v. Internal Revenue Service (In re Graham)

973 F.2d 1089 · Court of Appeals for the Third Circuit · Aug 24, 1992

In 1974, Graham testified before the grand jury under a grant of immunity. Id. at 383 . … United Shoe Machinery Corp., [ 392 U.S. 481, 496 , 88 S.Ct. 2224, 2233 , 20 L.Ed.2d 1231 (1968)], or by deciding an issue of first impression whose resolution was not clearly foreshadowed, see, e.g., Allen v.

Johann Breyer v. Doris Meissner, U.S. Immigration and Naturalization Service

214 F.3d 416 · Court of Appeals for the Third Circuit · Jun 6, 2000

Subsequently, however, the criteria changed so that membership in the Waffen SS was no longer a bar to qualifying as a displaced person. … Thus, although petitioner is clearly injured ..., the discriminatory impact of the provision falls on petitioner’s father ... who is no longer a party to this suit.

Lighthouse Inst v. Long Branch

Court of Appeals for the Third Circuit · Nov 27, 2007

First, Lighthouse has offered to waive its rights under it in perpetuity; second, a State cannot “immunize” itself against a constitutional duty by artificially creating a distinction that it can then invoke to justify disparate … An “institution” is “an established organization or corporation ... esp. of a public character.”

Jakimas v. Hoffmann-La Roche, Inc.

485 F.3d 770 · Court of Appeals for the Third Circuit · May 14, 2007

The letter clearly indicated that employees in the listed departments were losing their jobs with Roche. … We then explained that the ADEA was clearly a “federal remedial statute.” Id. Because of the purpose of the ADEA ! to provide redress for discrimination !

Sunbury Textile Mills, Inc. v. Commissioner of Internal Revenue

585 F.2d 1190 · Court of Appeals for the Third Circuit · Oct 31, 1978

In any event, however, the uncontradicted testimony of Wingard regarding the general lack of options in contracts for the sale of weaving looms clearly qualifies under § l-205(2). 9 V. … If it is established that such a usage is embodied in a written trade code or similar writing the interpretation of the writing is for the court. *1199 The decision of the Tax Court will be reversed and the proceedings remanded

United States v. Michael Begin

696 F.3d 405 · Court of Appeals for the Third Circuit · Oct 9, 2012

In addition, he qualified as a “repeat and dangerous *408 sex offender against minors” under U.S.S.G. § 4B1.5(b)(l) and therefore received a five-level increase pursuant to that section. … Stat. § 3122.1 (2000) (establishing the elements of statutory sexual assault); 18 Pa.

National Electric Signaling Co. v. Telefunken Wireless Telegraph Co.

208 F. 679 · Court of Appeals for the Third Circuit · Oct 20, 1913

While there is some proof, to which we will later refer, to the contrary, the weight of the testimony clearly establishes, and we find it as a fact, that up to that time it was customary, in wireless telegraphy, to use 60 … This differential sensibility of the car teas not scientifically established in 1905.”

United States v. Algon Chemical Inc., a Corporation, and Edward Latinsky, an Individual

879 F.2d 1154 · Court of Appeals for the Third Circuit · Jul 11, 1989

The FDCA, enacted in 1938 and amended in 1962 and 1968, establishes procedures for review of drug safety and efficacy by the FDA. … In so holding, the Court did not except from the prohibition the sale of Laetrile to medical doctors and thus clearly upheld the FDA’s authority to restrict the flow of drugs to or by medical practitioners.

Lighthouse Institute for Evangelism, Inc. v. City of Long Branch

510 F.3d 253 · Court of Appeals for the Third Circuit · Nov 27, 2007

First, Lighthouse has offered to waive its rights under it in perpetuity; second, a State cannot “immunize” itself against a constitutional duty by artificially creating a distinction that it can then invoke to justify disparate … The allowed uses are establishments that generate relatively high income and encourage visitors to linger in the downtown area into the evening.

Lugo v. Schweiker

776 F.2d 1143 · Court of Appeals for the Third Circuit · Nov 13, 1985

With respect to overpayment of monthly benefits, however, the otherwise mandatory requirement that they be recovered is qualified. … Clearly, the government’s recovery in this manner was a blatant violation of the statute and the Supreme Court’s mandate in Yamasaki .

United States v. Grober

624 F.3d 592 · Court of Appeals for the Third Circuit · Oct 26, 2010

Because he qualified for five sentencing enhancements pursuant to USSG § 2G2.2, however, Grober’s base offense level rose to 40. … Agent Chase was not qualified “to distinguish between ‘bad’ child pornography and ‘really bad’ child pornography,” Grober, 595 F.Supp.2d at 401 .

Inst Inv Grp v. Avaya Inc

Court of Appeals for the Third Circuit · Apr 30, 2009

Applicability of the Safe Harbor Shareholders contend the District Court erred in applying the Safe Harbor to immunize certain statements. … Other courts, however, have qualified Higginbotham’s strong skepticism of confidential sources. The Seventh Circuit itself distinguished Higginbotham in Tellabs II.

Public Service Commission of State of New York v. Federal Power Commission, Long Island Lighting Company, Public Service Electric & Gas Company v. Federal Power Commission

257 F.2d 717 · Court of Appeals for the Third Circuit · Aug 27, 1958

The legislative history of Section 7(e) indicates clearly that Congress intended to give the Commission full scope in scrutinizing the rate structure proposed in passing on the issuance of the certificate. … certificates of public convenience and necessity by Section 7(e) of the Natural Gas Act. 29 'Except in the cases governed by the provisos contained in subsection (c) of this section, a certificate shall be issued to any qualified

Soubik v. Director OWCP

Court of Appeals for the Third Circuit · Apr 30, 2004

The ALJ not clearly establish that Mr. Soubik’s described Dr. … Expert testimony will usually of the lay witnesses established that Mr.

Wise v. American General Life Insurance Company

459 F.3d 443 · Court of Appeals for the Third Circuit · Aug 21, 2006

Because there was no insurance policy in effect at the time of Wise's death, Plaintiff cannot establish a prima facie case under the bad faith statute. … Wise indicated on his insurance application that he qualified for Temporary Insurance. ( Id. ) 2 Plaintiff originally filed suit in the Philadelphia Court of Common Pleas.

Rita Bhatt v. Attorney General United States

608 F. App'x 93 · Court of Appeals for the Third Circuit · Apr 2, 2015

The IJ concluded that Bhatt had met her burden of proof to establish the likelihood of being tortured by her family if she were to return to India because of her inter-caste marriage. … He noted that to qualify for withholding of removal under CAT, an applicant must demonstrate that it is more likely than not that he or she will be tortured if removed to the country at issue.

Robison v. Canterbury Village

848 F.2d 424 · Court of Appeals for the Third Circuit · Jun 3, 1988

The district court then established timetables for motions and responses, and stayed discovery until it decided the issue of its jurisdiction. … such injury or deprivation, against any one or more of the conspirators. 7 In light of our disposition of this issue on the conspiracy ground, we do not decide whether the district court erred in finding that "there is clearly

Wise Ex Rel. Estate of Wise v. American General Life Insurance

459 F.3d 443 · Court of Appeals for the Third Circuit · Aug 21, 2006

Wise indicated on his insurance application that he qualified for Temporary Insurance. … Because there was no insurance policy in effect at the time of Wise’s death, Plaintiff cannot establish a prima facie case under the bad faith statute.

Hotel & Restaurant Employees & Bartenders International Union Local 54 v. Danziger

709 F.2d 815 · Court of Appeals for the Third Circuit · Jun 6, 1983

“ERISA’s authors clearly meant to preclude the States from avoiding through form the substance of the preemption provision.” Alessi v. … Clearly that was threatened when the Division moved before the Commission for an order disqualifying the Union from collecting dues from its 8000 plus members employed by casino hotels.