Case law

Sesay v. Attorney General of the United States

787 F.3d 215 · Court of Appeals for the Third Circuit · May 26, 2015

In the face of this case law, Sesay struggles to explain why his actions do not qualify as material support. … Given that the 2007 Amendments discussed duress waivers and voluntariness, and required reporting on persons removed for having provided material support under duress, Congress clearly legislated on the premise that the material

In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074

228 F.3d 224 · Court of Appeals for the Third Circuit · Sep 18, 2000

S 1103 (c), has been interpreted to imply both a fiduciary duty to committee constituents and a limited grant of immunity to committee members, see In re L.F. … Huff clearly would not have acted any differently if the disclosure had been made as it now argues it should have been.

United States v. Alfred B. Diggs

544 F.2d 116 · Court of Appeals for the Third Circuit · Aug 27, 1976

These findings have not been challenged as clearly erroneous and are supported by the record. … (B) The record establishes that Rev.

Fidel Napier v. Attorney General United States

588 F. App'x 130 · Court of Appeals for the Third Circuit · Jan 8, 2015

Napier contends that “the Board clearly committed a legal error when it found that there was not sufficient evidence of public official involvement or willful blindness,” but, as we explained above, this is merely a factual … Ashcroft, 333 F.3d 463, 474 (3d Cir. 2003), the BIA required him to establish that his potential torturers had the specific intent to harm him.

4 Employee Benefits Ca 2297, 14 Fed. R. Evid. Serv. 395 William B. Ursic v. Bethlehem Mines, a Subsidiary of Bethlehem Steel Corporation the Pension Plan of Bethlehem Steel Corporation and Subsidiary Companies and D.W. Kempken, Plan Administrator

719 F.2d 670 · Court of Appeals for the Third Circuit · Oct 19, 1983

Similarly, a clearly erroneous finding of fact may require reversal. … Delaware passed An Act for Regulating and Establishing Fees in 1793.

Stull v. School Board of 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."

Charles Sementilli v. Trinidad Corporation, Trinidad Corporation, Third-Party-Plaintiff-Appellant v. Stephen H. Taus, Third-Party-Defendant-Appellee

155 F.3d 1130 · Court of Appeals for the Third Circuit · Nov 12, 1998

Furthermore, under the contract, Trinidad was required to hire any qualified seaman sent to it by the union. … Ketchum qualifies as an expert by virtue of his "knowledge, skill, experience, training, or education." Furthermore, it is clear that Dr.

Bruch v. Firestone Tire And Rubber Company

828 F.2d 134 · Court of Appeals for the Third Circuit · Sep 25, 1987

This fund was established pursuant to a contract between the union and the employers governing the terms of employment. … As a result of this provision, all qualifying pension plans contain the assurances required by this section.

Joseph Scott v. J. Shartle

574 F. App'x 152 · Court of Appeals for the Third Circuit · Jul 17, 2014

Reckless conduct does not qualify as a crime of violence after Begay. United States v. Lee, 612 F.3d 170, 196 (3d Cir. 2010). … We exercise plenary review over the district court’s legal conclusions and apply a clearly erroneous standard to its findings of fact. Id.

Wowor v. Attorney General of the United States

220 F. App'x 162 · Court of Appeals for the Third Circuit · Apr 4, 2007

According to 8 C.F.R. § 1208.13, an applicant may qualify as a refugee by establishing either that he has suffered past persecution or has a well-founded fear of future persecution. … We also conclude that Wowor does not qualify for relief under the CAT because he has not established that it is more likely than not that he will be tortured if removed.

In Re Pillowtex

Court of Appeals for the Third Circuit · Nov 14, 2003

Also, the uncontroverted evidence in this case establishes that there is little (if any) market value for used lighting fixtures.9 In short, it would have made no economic sense for Duke to spend large amounts of money to … Duke asserts that the record shows that the parties structured the MESA so that it would qualify as a lease under relevant accounting standards.

National Association of Greeting Card Publishers v. The United States Postal Service, United Parcel Service of America, Inc., Intervenors. National Association of Greeting Card Publishers v. United States Postal Service, United Parcel Service of America, Inc., Intervenors. Associated Third Class Mail Users and National Easter Seal Society for Crippled Children and Adults v. United States Postal Service, Postal Rate Commission, Intervenors. State of Maine v. United States Postal Service

569 F.2d 570 · Court of Appeals for the Third Circuit · Oct 11, 1977

R74-1) established 10 cent first class rates. … The Commission clearly misreads the second part of subsection 3622(b)(3).

United States v. Harrison

Court of Appeals for the Third Circuit · Feb 6, 2004

The guidelines offer in order to establish terms for the sale or little direct help on this question, as they barter of explicit materials. … meaning of “notice” (quoting Richardson, 238 F.3d at 842). comprehended that it was “public,” it Because the sentencing guidelines are would not be necessary to modify the clearly

Samuel H. Curtis v. Schlumberger Offshore Service, Inc.

849 F.2d 805 · Court of Appeals for the Third Circuit · Jun 14, 1988

Curtis was clearly acting within the scope of his employment at the time of the injury. 10 28 We believe that our interpretation of 43 U.S.C.A. … The Supreme Court held that because Gray's employment was not inherently "maritime," he did not qualify for benefits under the LHWCA. Herb's Welding, Inc., 470 U.S. at 427 , 105 S.Ct. at 1429 .

The Circle School v. Pappert

381 F.3d 172 · Court of Appeals for the Third Circuit · Aug 19, 2004

injunction against the enforcement of a state board of education resolution requiring public school students to salute the national flag and punishing a student's refusal to salute the flag as an act of insubordination qualifying … Perry Local Educators Ass'n., 460 U.S. 37, 62 , 103 S.Ct. 948 , 74 L.Ed.2d 794 (1983) (Brennan, J., dissenting). 39 Pennsylvania's parental notification clause clearly discriminates among students based on the viewpoints

Pahler v. City of Wilkes-Barre

31 F. App'x 69 · Court of Appeals for the Third Circuit · Mar 13, 2002

immunity. … Simply put, Pahler makes no allegation that establishes his injuries were cased by the defendants' deliberately indifferent failure to train the City's officers.

San Filippo v. Bongiovanni

961 F.2d 1125 · Court of Appeals for the Third Circuit · Apr 22, 1992

Subsequently you supported these individuals for admission to the graduate program in Chemistry, a fact which clearly established that they did not have the credentials to be post-doctoral fellows. 5. … The sounds of substantive due process echo back most clearly in Dr.

Finberg v. Sullivan

634 F.2d 50 · Court of Appeals for the Third Circuit · Oct 27, 1980

Although they presented “a vigorous defense in this court,” maj. op. at 54, I am not prepared to say that they have any interest in the outcome that qualifies as legally adverse to Mrs. Finberg. … What has been established as precedent today will unerringly require that the debtor be supplied with a laundry list of all exemptions.

United States v. Kikumura, Yu

918 F.2d 1084 · Court of Appeals for the Third Circuit · Dec 5, 1990

We cannot conclude that the finding of voluntariness was clearly erroneous. … This finding, measured against a clear and convincing standard, is not clearly erroneous. .

Paducah Towing Company, Inc. v. Paducah Towing Company, Inc.

692 F.2d 412 · Court of Appeals for the Third Circuit · Nov 2, 1982

On cross-examination, Captain Duncan's counsel attempted to qualify Cole as an expert witness. Duncan's counsel questioned Cole, by means of hypothetical questions, regarding the reasonableness of Duncan's actions. … School District of Ferndale, Michigan, supra, this court concluded that the findings of an HEW examiner, which indicated that the school board had established separate schools for the purpose of operating a segregated school