Case law

Zalmai Sayyad Ameeriar and Ayesha Zalmai Ameeriar v. Immigration and Naturalization Service

438 F.2d 1028 · Court of Appeals for the Third Circuit · Mar 22, 1971

I assume that Congress, when it enacted § 245, established a “normal” alternative to consular procedures, namely adjustment of status. … Clearly it is not, for eligibility must exist before that discretion comes into operation.

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.

United States v. William P. Reilly, United States of America v. John Patrick Dowd

33 F.3d 1396 · Court of Appeals for the Third Circuit · Aug 31, 1994

Notwithstanding the testimony of the Khi-an Sea radio operator, Carcamo, about his documenting of the incoming radiotelegrams, those incoming radiotelegrams cannot satisfy the requirements of Rule 803(6) because no “qualified … I therefore suggest that the majority’s reliance on Careamo’s testimony, see Majority at 1413-1414, is clearly misplaced.

United States v. Carter

293 F. App'x 954 · Court of Appeals for the Third Circuit · Sep 26, 2008

Testimony of several witnesses established that Carter trafficked more than 15 kilograms of cocaine, and the District Court determined that these witnesses were “very credible.” App. 575. … The District Court concluded that Carter qualified for an enhancement under § 3B1.1(a).

Public Interest Research Group of New Jersey, Inc. And Friends of the Earth v. Powell Duffryn Terminals Inc., United States Environmental Protection Agency, Intervenor. Public Interest Research Group of New Jersey, Inc. And Friends of the Earth v. Powell Duffryn Terminals Inc. Public Interest Research Group of New Jersey, Inc. And Friends of the Earth v. Powell Duffryn Terminals Inc. Appeal of William B. Reilly, in His Capacity as Administrator, United States Environmental Protection Agency

913 F.2d 64 · Court of Appeals for the Third Circuit · Oct 11, 1990

PDT represented in filing this motion that PIRG had failed as a matter of law to establish standing. … The district court found that PDT had failed to provide any evidence that it qualified for the "upset" defense.

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.

Mei Bin Chen v. Attorney General of United States

365 F. App'x 392 · Court of Appeals for the Third Circuit · Feb 17, 2010

The BIA concluded that Chen failed to show that the factual findings underlying the IJ’s adverse credibility determination were clearly erroneous. … Chen failed to exhaust her administrative remedies as to the claim that she satisfied her burden of proof to qualify for relief.

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 !

36 Fair empl.prac.cas. 159, 35 Empl. Prac. Dec. P 34,741 Doreen A. Dillon, in 83-5831 v. Ricardo Coles, Individually and in His Official Capacity as the Director of Youth Forestry Camp Number 1, Youth Forestry Camp Number One, Helen O'bannon, Individually and in Her Capacity as the Secretary of the Pa. Dept. Of Public Welfare, and the Pa. Dept. Of Public Welfare. Appeal of Ricardo Coles, Youth Forestry Camp Number One, and the Pennsylvania Department of Public Welfare

746 F.2d 998 · Court of Appeals for the Third Circuit · Oct 29, 1984

Therefore, he must establish that he belonged to a protected group, he was qualified for, and applied for a job vacancy, but he was nevertheless rejected, and the position remained open and the employer continued to seek … We use the reference to a "damages" aspect of a claim at law to illustrate more clearly the separation between the various phases of a Title VII case when burden shifting occurs 7 In the plaintiff's pretrial statement, she

Lisa Michelle Lambert v. Charlotte Blackwell, Mrs., Superintendent the Attorney General of the State of Pennsylvania

134 F.3d 506 · Court of Appeals for the Third Circuit · Jan 26, 1998

Whether, in fact, state ease law exists which establishes unequivocally that state relief is precluded would depend on the particular facts of the case. … request for supplemental discovery of Richard Klein-hans was not granted; Error not to grant a mistrial when the prosecution withheld evidence that a jergo was discarded and that they were aware of its location; Error to qualify

CSX Trans Co v. Novolog Bucks Cty

Court of Appeals for the Third Circuit · Sep 5, 2007

We take as our starting point two well-established and oft- repeated principles. … In remanding, the Court of Appeals did not strictly rule out the possibility that South Tec might in fact qualify as a consignee under the statutory provision, but it intimated that, without more, the facts then in the record

77 Fair empl.prac.cas. (Bna) 1242, 72 Empl. Prac. Dec. P 45,083 Cheryl Bonenberger v. Plymouth Township Joseph La Penta, Sergeant, Plymouth Township Police Department

132 F.3d 20 · Court of Appeals for the Third Circuit · Dec 17, 1997

We must also apply our precedent in Title VII sexual harassment cases, reaffirming the established distinction between quid pro quo and hostile work environment claims. … Clearly, an employer should not be permitted to evade so easily the statutory protections against discrimination.

United States v. Ebon P.D. Brown

765 F.3d 278 · Court of Appeals for the Third Circuit · Aug 27, 2014

stated, that a fingerprint could only smudge or smear glass, not put fingerprints on it, which is — he could suggest that is common sense, that that’s a fact, but it’s not — we didn’t hear testimony on that, so we need a qualifier … To do so, the prosecution “must clearly articulate how that evidence fits into a chain of logical inferences, no link of which can be the inference that because the defendant committed [the proffered prior offense], he therefore

Swie Lan Ong v. Attorney General of the United States

371 F. App'x 325 · Court of Appeals for the Third Circuit · Mar 17, 2010

To qualify for withholding, petitioners had to show that it is more likely than not that they will face persecution if returned to Indonesia. See INS v. … The same is clearly the case with respect to Irawan, as well. 6 Petitioners contend that the BIA erred by failing to account for the mental suffering that Ong experienced, and they argue that because Ong claims to have suffered

Khodara Environmental, Inc., General Partner, on Behalf of Eagle Environmental, L.P. v. Steven Beckman Federal Aviation Administration Clearfield-Jefferson Counties Regional Airport Authority Donald R. Johnson Paul Sekula William Miksich Frederick G. Murray Tim Morgan Robert E. Reitz Henry Deible Paul McMillen Mark McKinley Jane F. Garvey Jefferson County Pine Creek Township (Intervenor-Defendants in d.c.) Federal Aviation Administration, in No. 99-3458 Khodara Environmental, Inc., General Partner Acting on Behalf of Eagle Environmental, L.P., (Collectively "Eagle"), in No. 99-3465 Steven Beckman, in No. 99-3475

237 F.3d 186 · Court of Appeals for the Third Circuit · Jan 17, 2001

Beckman filed a motion in which he renewed his previous arguments concerning standing and ripeness, and further argued that he was entitled to summary judgment on the basis of Eleventh Amendment immunity. … The Court of Appeals for the District of Columbia Circuit recently addressed this same question, and we find its reasoning persuasive: 44 Clearly, the passage of new legislation represents voluntary action, and thus on its

Video Pipeline, Inc. v. Buena Vista Home Entertainment, Inc.

342 F.3d 191 · Court of Appeals for the Third Circuit · Aug 26, 2003

If a new work is used commercially rather than for a nonprofit purpose, its use will less likely qualify as fair. Campbell, 510 U.S. at 585. … There is, however, a well-established patent misuse doctrine, see, e.g., Morton Salt Co. v. G.S. Suppiger Co., 314 U.S. 488 (1942); W.L. Gore & Assocs., Inc. v.

United States v. Martinez-Zayas

857 F.2d 122 · Court of Appeals for the Third Circuit · Aug 31, 1988

Senator Domenici stated that the use of illicit drugs "is clearly one of the biggest threats facing our society." Id. at 14282 (daily ed. September 30, 1986). … Sec. 994 , establishing sentencing guidelines and appellate review of sentences.

Aiello v. City of Wilmington

623 F.2d 845 · Court of Appeals for the Third Circuit · May 1, 1980

Any reasonable person should have known that breaking and entering into a private establishment was within the reach of the regulations. … Firemen, for instance, frequently go into homes and other establishments while the occupants are not present. Wilmington’s interest in the challenged regulations, thus, appears substantial.

Walter Bachowski v. Peter Brennan, Secretary of Labor, United States Department of Labor Andunited Steelworkers of America

502 F.2d 79 · Court of Appeals for the Third Circuit · Sep 3, 1974

The burden of establishing such exclusion, however, is on the defendants. See Abbott Laboratories v. Gardner, 387 U.S. 136, 140-141 , 87 S.Ct. 1507 , 18 L.Ed. 2d 681 (1967). … Two of these reasons are clearly applicable to the instant case: facilitating judicial review and assuring careful administrative consideration.

Stull v. School Board of the Western Beaver Junior-Senior High School

459 F.2d 339 · Court of Appeals for the Third Circuit · Apr 13, 1972

As well said by Judge Cooley: ‘The right to one’s person may be said to be a right of complete immunity; to be let alone.’ ” Union Pacific Railway Co. v. … Goldberg concurring), it clearly exists and is applicable to the states through the due process clause of the fourteenth amendment.”