Case law

United States v. John Derr

Court of Appeals for the Third Circuit · Jul 10, 2024

“A defendant seeking a reduction for acceptance of responsibility bears the burden of establishing by a preponderance of the evidence that he . . . is entitled to the reduction[.]” United States v. … Again, we cannot reasonably hold that the Court’s finding was clearly 5 erroneous.

Dunn v. Colleran

247 F.3d 450 · Court of Appeals for the Third Circuit · Apr 20, 2001

Thus, the district attorney clearly qualified the contested remark by indicating his [sic] recommendation was still intact. A273-A274 (internal citation omitted). … Thus, in Santobello , the Supreme Court clearly established that a prosecutor may enter into a plea agreement but, after doing so, must fulfill the promises contained therein.

Govt of VI v. Davis

Court of Appeals for the Third Circuit · Mar 27, 2009

In Raffel, a case decided decades before both Miranda and Doyle, the Supreme Court concluded that Fifth Amendment “immunity from giving testimony is one which the defendant may waive by offering himself as a witness” and, … 1997) (“[T]he canon of strict construction of criminal statutes, or rule of lenity, ensures fair warning by so resolving ambiguity in a criminal 23 statute as to apply it only to conduct clearly

Greene v. Virgin Islands Water & Power Authority

557 F. App'x 189 · Court of Appeals for the Third Circuit · Feb 11, 2014

That burden may be met by establishing that: (1) the plaintiff is a member of a protected class; (2) the plaintiff was qualified for the position that he sought to retain; (3) the plaintiff suffered an adverse employment … “Accordingly, the doctrine does not apply if the court is convinced,” as the court appears to have been convinced here, “that its prior decision is clearly erroneous and would work a manifest injustice.” Id.

Ellen v. Spain v. Tony E. Gallegos, Chairman, Equal Employment Opportunity Commission United States of America

26 F.3d 439 · Court of Appeals for the Third Circuit · Jun 16, 1994

to Nelson and Butler. *442 Spain, a white female, alleges that Nelson and Butler, male African-Americans, have a history of passing over her for promotions to GM-13 and GM-14 level.positions in favor of allegedly lesser qualified … Spam’s attorney then remarked that “[i]t is clearly the basis of the claim” and that he could not “present the case without the testimony of the rumors.” Id.

United States Court of Appeals, Third Circuit

940 F.2d 832 · Court of Appeals for the Third Circuit · Jul 26, 1991

of foreign sovereign immunity. … There will be numerous cases against sovereign defendants in which immunity is clearly unavailable.

Food Fair Stores, Inc. v. National Labor Relations Board

491 F.2d 388 · Court of Appeals for the Third Circuit · Jan 18, 1974

Article 8, section 7, clearly creates an exception for cases where a party has failed to comply with an arbitrator’s award. … The record fairly establishes that shop stewards have actually presented grievances, albeit orally and informally, with favorable results, without resorting to the grievance procedure.

Pbw Stock Exchange, Inc. v. Securities and Exchange Commission, Equity Services, Inc. v. Securities and Exchange Commission, Connecticut Nutmeg Securities, Inc. v. Securities and Exchange Commission, Robert I. Berdon as Treasurer of the State of Connecticut, and President of Connecticut Nutmeg Securities, Inc. v. Securities and Exchange Commission

485 F.2d 718 · Court of Appeals for the Third Circuit · Sep 28, 1973

The Commission acts for Congress in establishing such rule or regulation. … This latter act had been passed in 1913 and established procedures for review of orders of the Interstate Commerce Commission.

Sullivan v. DB Investments, Inc.

667 F.3d 273 · Court of Appeals for the Third Circuit · Dec 20, 2011

Second, since releases would necessarily be limited to the qualifying class members, those ultimately excluded would no doubt go right back into court to continue to assert their claims. … We have no such concern here, as the District Court clearly set forth its reasoning for the fee award.

Nos. 74-1043, 74-1044

512 F.2d 209 · Court of Appeals for the Third Circuit · Mar 24, 1975

Nevertheless, because the judgment fixes Lazovitz's ultimate liability and clearly establishes the parameters of that liability, it is a final, appealable order. 10 The Supreme Court of the United States has emphasized that … Bollt argues that Lazovitz cannot qualify as a statutory employer because the evidence established Bollt's possession of the premises. See III-A, supra, and N.T. 677.

Frank Hubbard v. Steven Pinchak the Attorney General of the State of New Jersey Peter Verniero

378 F.3d 333 · Court of Appeals for the Third Circuit · Aug 5, 2004

[The petitioner] clearly argued that the government could not satisfy the factual prerequisites of a ... conviction. … As this information is not new, it cannot qualify as the kind of new evidence contemplated by the Supreme Court, such as “exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence.”

Richard E. Brown, on Behalf of Himself and All Others Similarly Situated v. United States of America, Richard E. Brown and David l.taylor

508 F.2d 618 · Court of Appeals for the Third Circuit · Jan 24, 1975

Justice Blackmun's plurality opinion, by its efforts to establish that O'Callahan v. … However, we are cited to nothing that establishes these as facts.

Robert P. Casey Allan S. Noonan Ernest D. Preate, Jr. v. Planned Parenthood of Southeastern Pennsylvania Reproductive Health and Counseling Center Women's Health Services, Inc. Women's Suburban Clinic Allentown Women's Center and Thomas Allen, M.D., and the Honorable Daniel H. Huyett, 3rd, Judge, United States District Court, Nominal Planned Parenthood of Southeastern Pennsylvania Reproductive Health and Counseling Center Women's Health Services, Inc. Women's Suburban Clinic Allentown Women's Center Thomas Allen, M.D., on Behalf of Himself and All Others Similarly Situated v. Robert P. Casey N. Mark Richards Ernest D. Preate, Jr., Personally and in Their Official Capacities Michael D. Marino, Personally and in His Official Capacity, Together With All Others Similarly Situated Robert P. Casey, N. Mark Richards and Ernest D. Preate, Jr.

14 F.3d 848 · Court of Appeals for the Third Circuit · Jan 14, 1994

The district court must "proceed in accordance with ... the law of the case as established on appeal." … Zavarella, even orders concerning injunctions, that are clearly covered by Sec. 1292(a)(1), must meet the requirements set forth in Carson." Id. at 574 (citations omitted).

United States v. Shabazz

Court of Appeals for the Third Circuit · Dec 4, 2000

Casarez-Bravo, 181 F.3d 1074, 1077-78 (9th Cir. 1999) (allowing a court to look past the statutory definition of a crime and to examine judicially noticeable facts or documents that clearly establish the conviction to be … Even if we were to find that mere solicitation of a juvenile does not qualify as a controlled substance offense, some of the other criminalized acts in the New Jersey statute clearly do qualify, such as the use, employment

Tenn. Gas Pipeline Co. v. Permanent Easement for 7.053 Acres

931 F.3d 237 · Court of Appeals for the Third Circuit · Jul 23, 2019

The NGA It is well-established that the federal government wields the authority to exercise eminent domain. See Kohl v. … Jordan , 415 U.S. 651 , 677, 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974) (considering the impact of available relief, albeit in the sovereign immunity context, on government treasuries).

Napier v. Thirty or More Unidentified Federal Agents, Employees or Officers

855 F.2d 1080 · Court of Appeals for the Third Circuit · Aug 31, 1988

Attorney on the case is valued at a market rate, or at some other rate, such as the $75 per hour rate established by the Equal Access to Justice Act (EAJA), 28 U.S.C. … Congress, by its limited waiver of sovereign immunity, intended to limit the government's liability, not its recovery. Accord Harris v.

Manjit Singh, as Administrator of the Estate of Ram P. Singh, Deceased v. Daimler-Benz Ag Mercedes-Benz of North America, Inc

9 F.3d 303 · Court of Appeals for the Third Circuit · Nov 15, 1993

Under plaintiff’s view, the new provision was intended only to bar suits where a permanent resident alien sues a citizen of the same state, and did not establish a new definition of citizenship for permanent resident aliens … Two other courts have applied the plain meaning of the statute in cases turning on related issues, such as whether a person qualifies as a “permanent resident.”

Moses Villot v. Benjamin Varner the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania

373 F.3d 327 · Court of Appeals for the Third Circuit · Jun 30, 2004

. § 2253 (c) with respect to Villot’s first two ineffective assistance claims but denied the certificate with respect to the conflict of interest claim, holding that this claim was clearly defaulted. … This statement is qualified because we cannot and need not definitively state that Villot could not have raised any valid objections to application of the procedural default rule had the Superior Court relied on § 9543(a)

Forum Insurance Co. v. Allied Security, Inc.

866 F.2d 80 · Court of Appeals for the Third Circuit · Feb 15, 1989

because of reasons personal to him, and not directed against him as an employe or because of his employment" does not qualify as an "injury arising in the course of employment" for purposes of the Act. … Furthermore, while McCabe may be read as adopting a "but for" test, the opinion does not clearly adopt this test.

United States v. Ferri

778 F.2d 985 · Court of Appeals for the Third Circuit · Dec 10, 1985

To establish the first delivery, the government called Leonard Seaman, the president of Zerron, as a witness. … In review of the factual underpinnings for the admission of the evidence, we must decide if the findings of fact are clearly erroneous.” 578 F.2d at 964 .