Case law
Opinions from 1658 to today.
9,730 results
1.33s
Max Pievsky v. Thomas J. Ridge, in His Capacity as the Governor of the Commonwealth of Pennsylvania
98 F.3d 730 · Court of Appeals for the Third Circuit · Oct 22, 1996
All commissioners shall continue to hold office after the expiration of the terms for which they are appointed or elected until their respective successors are appointed and qualify, but no period during which any commissioner … This case is clearly distinguishable from the Supreme Court’s holding in Humphrey’s Executor. The facts underlying Wiener v. United States, 357 U.S. 349 , 78 S.Ct. 1275 , 2 L.Ed.2d 1377 (1958) are also distinguishable.
Cited 19 timesPublished504 F.2d 1 · Court of Appeals for the Third Circuit · Dec 23, 1974
To establish the rule in this Circuit, we must await such event. … Rather, the case law establishes quite clearly that such procedural safeguards are required by First Amendment considerations.
Cited 0 timesPublished190 F.3d 188 · Court of Appeals for the Third Circuit · Aug 26, 1999
Agent Coleman has been a narcotics investigator for eighteen years, and the District Court qualified him as an expert in the analysis and interpretation of drug conversations. … He also implicitly argues that the testimony of Agent Coleman, who was qualified as an expert, violated the dictates of Rule 702 when he defined words that did not require specialized knowledge to understand, since that testimony
Cited 0 timesPublishedUnited States v. Stamatios Kousisis
66 F.4th 406 · Court of Appeals for the Third Circuit · Apr 21, 2023
It is now well established that the federal wire fraud provision only extends to property rights.11 Moreover, for the government to establish wire fraud, the property involved “must play more than some bit part in a scheme … PennDOT’s dollars establish the requisite property interest here, not the socially laudable objective of ensuring participation by a DBE.62 Moreover, there was clearly a kickback here and thus economic harm sufficient
Cited 1 timesPublished459 F.2d 676 · Court of Appeals for the Third Circuit · May 4, 1972
The attack is essentially two-pronged: the statute and regulations establish an unconstitutional delegation of legislative power without adequate standards, and violate the First Amendment by prohibiting the receipt of unsolicited … Clearly, items entitled to First Amendment protection may be encompassed within the definition of the term “property.”
Cited 24 timesPublished952 F.2d 53 · Court of Appeals for the Third Circuit · Jan 31, 1992
Section 881(a)(7) states clearly that [a]ll real property ... which is used, or intended to be used ... [in any manner] to facilitate the commission of a [narcotics] violation" is subject to forfeiture. … Thus the connection between the property and the intended activity relating to illegal narcotics trafficking is firmly established.
Cited 0 timesPublished636 F.3d 78 · Court of Appeals for the Third Circuit · Apr 12, 2011
Washington, D.C. 20530 Counsel for Appellee ____________ OPINION OF THE COURT ____________ BARRY, Circuit Judge Thomas Pendleton, previously convicted of a qualifying … “It has been long established Congress may forbid or punish use of interstate commerce „as an agency to promote immorality, dishonesty or the spread of any evil or harm to the people of other states from the state of origin
Cited 27 timesPublished316 F. App'x 161 · Court of Appeals for the Third Circuit · Mar 11, 2009
However, Glass testified that both of the men who were offered the position were better qualified because they had a longer work history than Sanders. … [] Plaintiff’s termination clearly resulted from the automatic expiration of his temporary appointment. (App. 11.) The district court’s factual conclusions are correct.
Cited 2 timesUnpublishedThermalkem, Inc. v. United States Environmental Protection Agency
25 F.3d 1233 · Court of Appeals for the Third Circuit · Jun 14, 1994
. § 270.72 (a)(2), or qualify for an increase with respect to certain wastes that become newly listed or identified after it submits a revised Part A permit application. … First, it clearly holds that interim status is not equivalent to permit status. Vineland Chem. Co., 810 F.2d at 406 .
Cited 14 timesPublishedCourt of Appeals for the Third Circuit · Apr 30, 2026
Perskie, 32 F.3d 759, 763 (3d Cir. 1994), by “clearly set[ting] forth” reasons for its decision that “would support a finding that unlawful discrimination was not the cause” of its decision to not select Sample for the … OPM explained that, due to the temporary nature of the detail and the expectation that the selected individual “be familiar with the branch’s staff, customers, and work projects,” the agency preferred an otherwise qualified
Cited 0 timesUnpublished812 F.2d 822 · Court of Appeals for the Third Circuit · Feb 19, 1987
Defendant removed the case to the federal district court, which concluded after the jury returned a guilty verdict that the defendant had a valid immunity defense. … Whether the sentence under Sec. 559.225 is imposed consecutively or concurrently, it is clearly "over and above" that imposed for the basic felony.
Cited 0 timesPublished964 F.2d 252 · Court of Appeals for the Third Circuit · Jul 27, 1992
Congress clearly never intended to abandon altogether the requirement that the substance at issue be hazardous." Chamber Br. at 20-21 (footnote omitted). … United States EPA, 759 F.2d 922 , 927 (D.C.Cir.1985) ("a substance is a 'hazardous substance' within the meaning of CERCLA if it qualifies under any of the several subparagraphs of section 101(14)") (emphasis in original)
Cited 4 timesPublishedCourt of Appeals for the Third Circuit · Jul 7, 2023
Stat. § 302(c) (“When the culpability sufficient to establish a material element of an offense is not prescribed by law, such element is established if a person acts intentionally, knowingly or recklessly with respect thereto … Intent to abandon a legitimate expectation of privacy must be established by “clear and unequivocal evidence.” Harrison, 689 F.3d at 307.
Cited 0 timesUnpublishedSang Goo Park v. Attorney General of the United States
560 F. App'x 154 · Court of Appeals for the Third Circuit · Mar 21, 2014
The BIA may, at any time, exercise its discretion to reopen removal 1 The BIA also indicated that the motion to reopen was untimely and that Park’s allegations did not qualify for any of the exceptions to … But Park’s reliance on newly discovered evidence of the alleged mistranslation was encompassed within his request for sua sponte reopening, which the BIA did clearly address. 2 The petition for review was
Cited 1 timesUnpublishedJohnson v. St. Luke's Hospital
307 F. App'x 670 · Court of Appeals for the Third Circuit · Jan 23, 2009
In order to establish a prima facie case, Johnson must show that she: (1) is a member of a protected class; (2) was qualified for the position she held; (3) was fired from that position; and (4) suffered adverse action … Johnson has failed to establish a prima facie case of racial discrimination.
Cited 9 timesUnpublishedBackof v. New Jersey State Police
92 F. App'x 852 · Court of Appeals for the Third Circuit · Feb 13, 2004
While the holding explicitly encompassed only § 1983 actions against municipalities and left open the question whether the Supreme Court’s qualified immunity jurisprudence would require heightened pleading in cases involving … Backof has failed to allege at least the first of these necessary elements.8 In order 6 For example, Backof may seek to establish a denial of procedural due process. We suggested in Gallo v.
Cited 18 timesUnpublishedBansie v. Attorney General of the United States
588 F. App'x 136 · Court of Appeals for the Third Circuit · Oct 15, 2014
Given the inconsistent testimony, Bansie’s credibility was clearly undermined, and we cannot conclude that any reasonable adjudicator would be compelled to conclude to the contrary. See Lin v. … The BIA agreed with the IJ’s conclusion, noting that the fact that Bansie might be targeted in schemes to extort money from his father does not qualify as persecution. See Abdille v.
Cited 0 timesUnpublished496 F.2d 333 · Court of Appeals for the Third Circuit · Apr 15, 1974
The testimony of the police and FBI agents established the following sequence of events. … The evidence most favorable to Clark established the following.
Cited 81 timesPublished44 F.3d 209 · Court of Appeals for the Third Circuit · Jan 5, 1995
Despite the ambiguity of the term "defendant or defendants," it is well established that removal generally requires unanimity among the defendants. See, e.g., Chicago, R.I. & P. Ry. Co. v. … Cohill clearly overruled Thermtron to the extent that Thermtron had held that only statutory grounds for remand are authorized."
Cited 113 timesPublished459 F.3d 411 · Court of Appeals for the Third Circuit · Aug 18, 2006
California, 422 U.S. 806, 834–36 (1975) (establishing the right of criminal defendants to proceed without counsel when they elect to do so voluntarily and intelligently); see also United States v. … That process included (1) a current examination by a highly qualified expert [Dr.
Cited 16 timesPublished
Ask Donna