Case law

Hahnemann University Hospital v. Edgar

74 F.3d 456 · Court of Appeals for the Third Circuit · Jan 16, 1996

Ct. 1995) ("Petitioner has failed to establish that any of the statutory exceptions apply[.]"). … While in a particular case, a litigant may challenge documents for which protection is claimed as not meeting the "concerning persons in treatment" standard, that situation is clearly not present here, since the documents

Mark Scully v. Us Wats, Inc. Kevin O'hare, Individually and in His Capacity as President of Us Wats Aaron Brown, Individually and in His Capacity as Chairman of the Board of Directors of Us Wats Stephen Parker, Individually and in His Capacity as Executive Vice-President of Us Wats

238 F.3d 497 · Court of Appeals for the Third Circuit · Feb 1, 2001

"Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." United States v. … Because Scully established that US WATS violated the WPCL, the District Court should have awarded him attorney's fees. See 43 Pa. Stat. Ann.

Steven M. Kramer v. Richard Thompson

947 F.2d 666 · Court of Appeals for the Third Circuit · Nov 14, 1991

established before a judicial tribunal that the matter sought to be enjoined is both defamatory and false.” 369 A.2d at 831 . … Since the founding of the Commonwealth, Pennsylvania’s Constitutions have clearly provided for individual rights to freedom of speech and of the press.

Harrow v. Prudential Insurance Company Of America

279 F.3d 244 · Court of Appeals for the Third Circuit · Jan 30, 2002

Because the Harrows took no steps beyond an initial telephonic inquiry, the District Court held that plaintiff did not qualify for the futility exception. … The District Court explained: 45 [P]laintiff's breach of duty claim clearly involves some legal issues, [but] is premised on the fiduciaries' responsibilities under the Plan.

United States v. Dorian Dawson

32 F.4th 254 · Court of Appeals for the Third Circuit · Apr 28, 2022

The District Court agreed with Probation that Dawson had at least two qualifying predicate convictions—his repeated violations of 35 Pa. Cons. … And an attempted transfer qualifies as a completed delivery.” Id. (internal citations omitted). 6 See, e.g., Commonwealth v.

37 cont.cas.fed. (Cch) P 76,177, 34 Fed. R. Evid. Serv. 715 United States of America v. Gerald A. Leo, A/K/A "Bud," United States of America v. James Badolato

941 F.2d 181 · Court of Appeals for the Third Circuit · Jul 25, 1991

Vastola, 899 F.2d at 234 . 54 The government's argument that we should now qualify Kennedy as an expert turns Vastola upside down. … Likewise, Leo did not establish Zippel's qualification as someone particularly qualified to see through a fog of lies.

Bensel v. Allied Pilots Ass'n

387 F.3d 298 · Court of Appeals for the Third Circuit · Oct 26, 2004

The District Court’s decision relied on the preemption doctrine established in San Diego Building Trades Council v. … The state-law claims alleged seek to protect Appellants’ rights as established through their collectively-bargained agreements.

Tineo v. Ashcroft

350 F.3d 382 · Court of Appeals for the Third Circuit · Dec 4, 2003

Clearly, the mere satisfaction of exhaustion does not necessarily compel the granting of the writ. … [T]he power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government's political departments largely immune from judicial control.")

Amax Coal Co. v. National Labor Relations Board

614 F.2d 872 · Court of Appeals for the Third Circuit · Feb 1, 1980

The training program shall be established by the Joint Western Surface Mining Industry Training Committee.” App., at 106a. … It provided, however, that when such work was contracted out, it would be “under the jurisdiction of the UMWA” unless “UMWA contractors qualified to do the work are not available.”

United States v. Goldberg

349 F.2d 633 · Court of Appeals for the Third Circuit · Aug 3, 1965

A receiver was appointed, but before he qualified by filing the required bond, libels were filed in the federal court of the Eastern District of New York to enforce maritime liens against six vessels of the company pursuant … June 26, 1964, and that in the oral argument before the District Court on July 29, 1964 "both counsel for the Bank (Docket Paper #54, p. 39) and counsel for the largest unsecured creditors (Docket Paper #54, pp. 32-37) clearly

Advanced Fluid Systems Inc v. Kevin Huber

958 F.3d 168 · Court of Appeals for the Third Circuit · Apr 30, 2020

P. 52(a)(6) (“Findings of fact, whether based on oral or other evidence, must not be set aside unless clearly erroneous ….”); Newark Branch, N.A.A.C.P. v. … The course of conduct evident in the record shows that AFS clearly had permission to hold and use the secrets.

National Labor Relations Board v. M. E. Blatt Co.

143 F.2d 268 · Court of Appeals for the Third Circuit · Jun 9, 1944

The Union then established a picket line at the respondent’s store which it maintained for about two weeks. A proceeding was instituted before the Board at its No. C-1995. … The guaranty of freedom of speech contained in the First Amendment does not guarantee him who speaks immunity from the legal consequences of his verbal actions.

Stratton v. EI DuPont de Nemours

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

capricious 949 F.2d 1323, 1335 (3d Cir. 1991). standard of review, diminished perhaps However we have noted that a situation to a slightly less deferential standard in which the employer “establish … App. at 200 (referring to studies was “clearly not supported by the that have shown that 85% of such cases evidence in the record.”

Peoples Trust Company Of Bergen County v. United States

412 F.2d 1156 · Court of Appeals for the Third Circuit · Jun 27, 1969

court, contending that the record contains no evidence of the value of the probate estate of Paul O'Brien to support or rebut the court's finding. 12 A lower court's findings of fact are not to be disturbed on appeal unless clearly … In order to qualify for the marital deduction, the surviving spouse must have an unqualified power to appoint the principal to herself during her lifetime.

United States v. Jaime Fournier

647 F. App'x 123 · Court of Appeals for the Third Circuit · Apr 25, 2016

demonstrates acceptance of responsibility for his offense.”3 Fournier has the burden of establishing that he is entitled to this two-level reduction for acceptance of responsibility by the preponderance of the evidence … support his claim that a nolo contendere plea was appropriate given his mental capacity at the time of the charged conduct.8 According to Fournier, his plea, in conjunction with statements made to the District Court, qualified

Biskupski v. Attorney General of the United States

503 F.3d 274 · Court of Appeals for the Third Circuit · Sep 25, 2007

prior conviction under 8 U.S.C. § 1324 (a)(2)(A) barred eligibility for relief under former section 244 of the of the Immigration and Nationality Act (INA), 8 U.S.C. § 1254 (1993). 5 Under former - section 244, an alien qualifies … Just as clearly, section 321(c) limits the applicability of the new definitions of aggravated felony to “actions taken” on or after September 30, 1996. The focus of section 321(c) is prospective, not retrospective.

Oklahoma Radio Associates, an Oklahoma General Partnership of J. Patrick Collins and Greg L. Armstrong J. Patrick Collins, an Individual and Greg L. Armstrong, an Individual v. Federal Deposit Insurance Corporation, as Receiver for Citizens National Bank and Trust Company v. Magnolia Broadcasting Company, Inc., Third-Party

987 F.2d 685 · Court of Appeals for the Third Circuit · Mar 12, 1993

Magnolia is thus clearly estopped under D'Oench to rely on the oral agreement. … Darby, A Primer on the Special Rights and Immunities of the Federal Deposit Insurance Corporation, 11 Okla.City Univ.L.Rev. 683, 703 (1986) ("[I]n order for an obligor to be estopped to assert a claim or defense under [D'Oench

Suburban Transfer Service, Inc. v. Beech Holdings, Inc., Charles A. Stanziale, Jr., Trustee for Suburban Aviation Service, Inc., Plaintiff-Intervenor v. Beech Holdings, Inc., a Kansas Corporation and Suburban Transfer Service, Inc., a New Jersey Corporation

716 F.2d 220 · Court of Appeals for the Third Circuit · Sep 7, 1983

It asserts that it loaned money to Aviation in full accordance with the requirements of section 34 of the Agreement and thus that it qualifies as a "Lender" as defined in that section. … establishes a condition precedent 7 to the creation of a valid loan as defined in the Agreement.

Patel v. Attorney General of the United States

426 F. App'x 116 · Court of Appeals for the Third Circuit · May 3, 2011

This court held that the BIA assigned to § 1003.3(e) a clearly erroneous meaning. … Indeed, there is evidence demonstrating there is no shortage of attorneys qualified to practice immigration law in Pennsylvania.

Ivis Alexander-Mendoza v. Attorney General United States

55 F.4th 197 · Court of Appeals for the Third Circuit · Dec 2, 2022

His application for asylum was too late, and he did not qualify for withholding of removal or protection under CAT because he did not demonstrate a likelihood of either persecution or torture. … Ashcroft, 353 F.3d 228, 242 (3d Cir. 2003) (en banc) (“Quite clearly, ‘[a]n alien has no constitutional right to any administrative appeal at all.’” (quoting Albathani v.