Case law

United States of America Government of the Virgin Islands v. Ernie Ritter Reggy Ritter Dale Ritter

416 F.3d 256 · Court of Appeals for the Third Circuit · Aug 3, 2005

Under Ybarra , this "cursory search for weapons" clearly is not permitted absent a reasonable belief or suspicion that an individual encountered is armed, 444 U.S. at 88, 96 , 100 S.Ct. 338 . … At the time the magistrate issued the warrant, however, he had no post-tip qualifying indicia of the tip's overall reliability.

United States v. Williams

Court of Appeals for the Third Circuit · May 18, 1999

Stated differently, where a particular S 843(b) conviction establishes that the defendant "committ[ed]," "caus[ed]," or "facilitat[ed]" one of the acts enumerated in S 4B1.2(2), that conviction qualifies as a "controlled … Walton, 56 F.3d 551, 555-56 (4th Cir. 1995) ("The distribution of cocaine is clearly a [`controlled substance offense'] . . . ."); United States v.

United States v. Knox

40 F. App'x 719 · Court of Appeals for the Third Circuit · Jul 25, 2002

We cannot say the District Court clearly erred in accepting the 15 to 50 kilogram figure. … Ann. 2C:18-2 (West 2002), is broad enough to criminalize both the entering of a dwelling and the entering of a commercial establishment.

Frisby v. United States Department Of Housing And Urban Development

755 F.2d 1052 · Court of Appeals for the Third Circuit · Feb 28, 1985

Two disposition alternatives were considered: (1) demolition of abandoned/vandalized units and cash sale of the remainder without rehabilitation, but with Section 8 Certificates to qualified residents pursuant to 24 C.F.R … Majority opinion at 1059, 1060; Appendix at 412-13 (letter opinion of the district court). 100 As an initial matter, I believe that the first and second justifications are clearly inadequate to support HUD's decision.

Savage v. DA Philadelphia Cty

116 F. App'x 332 · Court of Appeals for the Third Circuit · Oct 20, 2004

established Federal law, as determined by the Supreme Court of the United States . . . . 28 U.S.C. § 2254(d). … Clearly, then, the trial court was not acting arbitrarily in barring the introduction of Duross’s disciplinary history for substantive purposes.

United States v. Mathis

Court of Appeals for the Third Circuit · Aug 30, 2001

Obviously he is qualified in this area. The debate over the differences in the studies is an interesting academic debate. … Loftus was an extremely qualified, experienced academic presenting opinions on topics near the heart of his expertise. Moreover, Dr.

Winoff Industries, Inc. v. Stone Container Corp.

305 F.3d 145 · Court of Appeals for the Third Circuit · Sep 5, 2002

Clearly, if proof of the essential elements of the cause of action require individual treatment, then there cannot be a predominance of “questions of law and fact common to the members of the class.” … Appellants insist that the named Appellees would have to prove, among other things: (1) that Garrett Paper's conceded awareness of alleged illegality does not qualify as actual "discovery”; (2) that Garrett Paper's considered

Peachlum v. City of York PA

333 F.3d 429 · Court of Appeals for the Third Circuit · Jun 19, 2003

Peachlum, according to the City, did not qualify for an exemption. … Clearly, however, under the Supreme Court’s opinion in City of Ladue v.

United States Steel Corp. Plan for Employee Insurance Benefits v. Musisko

885 F.2d 1170 · Court of Appeals for the Third Circuit · Sep 21, 1989

That principle led the court to hold that the offset proviso did not clearly exclude coverage for wage losses in excess of that recovered under the automobile insurance policy. … The absolute bar against federal injunc-tive measures contemplated by the Act is “qualified only by specifically defined exceptions,” Rich man Bros.

United States v. Michael J. Grasso, Jr.

381 F.3d 160 · Court of Appeals for the Third Circuit · Aug 23, 2004

In the context of our review standard, he has failed to establish error of any sort, let alone plain error. B. … Grasso's suggestion that a preliminary determination must be made whether each individual qualifies for restitution is plainly incorrect.

National Ass'n for the Advancement of Colored People v. Medical Center, Inc.

657 F.2d 1322 · Court of Appeals for the Third Circuit · Jun 29, 1981

In Bakke , the question was whether a state school could properly adopt an admissions policy clearly intended to prefer minorities. … From that perspective, we do not find legal error in the standards the district court utilized nor can we say that the factual findings are clearly erroneous.

Riley v. City of Chester

612 F.2d 708 · Court of Appeals for the Third Circuit · Dec 14, 1979

At the conclusion of the hearing on the second day, counsel for the defendants moved to dismiss the plaintiff's application for preliminary injunction "for failing to establish the necessary basis factually and legally to … Hayes, lead us to conclude that journalists have a federal common law privilege, albeit qualified, to refuse to divulge their sources.

Jason Barr v. County of Clarion

417 F. App'x 178 · Court of Appeals for the Third Circuit · Mar 14, 2011

County of Clarion; and (4) Barr‟s claims against defendant Graham were barred by qualified immunity. 2 As explained in footnote 7, infra, whether Judge Arner‟s amended order did violate § 5505 is a matter of dispute … Because Graham‟s letter does not contain any misrepresentation of fact, Barr cannot establish proximate cause on this basis. 9 248.

United States v. Tarnopol

561 F.2d 466 · Court of Appeals for the Third Circuit · Aug 9, 1977

And the use of the packing slips to keep track of sales, shipments and moneys due was clearly a legitimate business use wholly unrelated to the fraud. … We conclude that these mailings did not qualify as mailings made for the purpose of executing the scheme to defraud alleged in the indictment.

Hitham Abuhouran v. United States

389 F. App'x 179 · Court of Appeals for the Third Circuit · Jul 20, 2010

He also argued that the affidavit offered by the Government regarding the ventilation system at FDC-Philadelphia was insufficient as the person who prepared it was not a qualified environmental engineer or mechanical architect … question we asked the parties to brief on appeal: “whether the discretionary function exception shields the government from liability with respect to Abuhouran’s claim of ETS exposure, or whether the government has waived immunity

Ponnapula v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 8, 2004

The Court ultimately held something generis context” of the Foreign Sovereign somewhat more expansive: “We . . . hold Immunities Act, slip op. at 18, but that § 212(c) relief remains available for … Cyr all establish this. In prison reform suits.

Banks v. Beard

399 F.3d 134 · Court of Appeals for the Third Circuit · Feb 25, 2005

Clearly, however, restrictive prison policies can be designed to target particular behaviors for which prisoners were incarcerated, or those that arose and presented security risks during incarceration.7 Id. … The District Court characterized the periodicals ban as “not a blanket prohibition” because Level 2 inmates can qualify by good conduct to be promoted to LTSU Level 1.

Hudson United Bank v. Litenda Mortgage Corp.

142 F.3d 151 · Court of Appeals for the Third Circuit · Apr 15, 1998

A district court's decision to deny a motion for reconsideration is placed within the sound discretion of the district court; factual determinations supporting its decision are reviewed by us under a clearly erroneous standard … Guidebook that Freddie Mac alleged included: failure to account properly for the disposition of funds; failure to fund and safeguard funds properly; failure to comply with financial responsibilities; and failure to maintain qualified

United States v. Robin Dickerson

381 F.3d 251 · Court of Appeals for the Third Circuit · Aug 24, 2004

. § 3553 renders her immune to the statutory ban on sentences of probation. … Thus, unless the entire Guidelines regime falls, the decision in Blakely is not clearly implicated here.

Fayan Lin v. Attorney General of the United States

398 F. App'x 757 · Court of Appeals for the Third Circuit · Oct 22, 2010

Accordingly, Lin did not qualify for asylum or withholding of removal. The IJ found Lin incredible for several reasons. … Applying a clearly erroneous standard to the IJ’s credibility determination, see 8 C.F.R. § 1003.1 (d)(3)(i) (“Facts determined by the immigration judge, including findings as to the credibility of testimony, shall be reviewed