Case law

Gloria J. Walters v. Gale Norton

326 F. App'x 644 · Court of Appeals for the Third Circuit · May 15, 2009

On the third KSA – which focused on communication skills – Ware “was clearly superior.” (Id. at 120.) … The District Court’s conclusion that Walters established a prima facie case is not disputed before us by the OIG.

Curtis v. A. Garcia y Cia., Ltda.

272 F.2d 235 · Court of Appeals for the Third Circuit · Dec 9, 1959

It is established and conceded that Jarka contracted with Garcia to unload the cargo in question. … He qualified as an experienced marine surveyor and superintendent who, among other experiences, had instructed military and naval personnel in stevedoring operations during the second World War.

Ling Huang v. Attorney General United States

523 F. App'x 161 · Court of Appeals for the Third Circuit · May 2, 2013

On May 3, 2012, the BIA dismissed Huang‟s appeal, finding that the IJ‟s adverse credibility determination was not clearly erroneous and that Huang failed to provide sufficiently reliable and specific evidence to establish … To qualify for relief under the CAT, the applicant must establish “that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” Sevoian v.

Santise v. Schweiker

676 F.2d 925 · Court of Appeals for the Third Circuit · Apr 8, 1982

The Department, declared the court, was “clearly” obligated by 42 U.S.C. § 423 (d)(2)(A) in each instance to “determin[e] as a matter of fact whether a claimant is capable of retaining ‘substantial gainful work.’ ” HHS’ regulatory … In order to correct this perceived problem, Congress adopted “more precise guidelines ... to be used in determining the degree of disability which must exist in order to qualify for disability insurance benefits.”

Pennsylvania Medical Society v. Joseph Marconis

942 F.2d 842 · Court of Appeals for the Third Circuit · Aug 26, 1991

Part B establishes an insurance program to pay for physicians' services. Id. at §§ 1395j-1395w. … Appellants have failed to establish this intent by clear and manifest evidence.

SodexoMAGIC LLC v. Drexel University

Court of Appeals for the Third Circuit · Jan 20, 2022

And without such evidence, it is virtually impossible to establish the justifiable-reliance element needed for a fraud claim. … Drexel disputes that SDM’s letter could qualify as an acceptance.

Vanderbilt v. Geo-Energy Limited

725 F.2d 204 · Court of Appeals for the Third Circuit · Dec 28, 1983

This court has declared that 14 [a]dequate representation depends on two factors: (a) the plaintiff's attorney must be qualified, experienced, and generally able to conduct the proposed litigation, and (b) the plaintiff must … Yet, these cases are clearly distinguishable because in each case the derivative plaintiffs had initiated the other lawsuits against the corporate defendants to obtain a favorable settlement or in other ways to advance their

City of Houma, Louisiana v. Municipal and Industrial Pipe Service, Inc., American Manufacturers Mutual Insurance Company, Defendant-Third-Party Plaintiff-Appellee-Appellant v. Gst Engineers, Gulf South Engineers, Inc., and T. Baker Smith & Sons, Inc., Third-Party

884 F.2d 886 · Court of Appeals for the Third Circuit · Dec 20, 1989

On the basis of his on-site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the work and will endeavor to guard OWNER against defects and deficiencies of the … As AMMIC correctly points out, however, under Louisiana law, such expert testimony is not always necessary to establish an expert's negligence, provided that the matter in question is one that can be easily understood by

Ahmed Bakran v. Secretary United States Depart

Court of Appeals for the Third Circuit · Jul 5, 2018

the “no risk” requirement to mean that to avoid denial of a petition, “a petitioner who has been convicted of a specified offense against a minor must submit evidence of rehabilitation and any other relevant evidence that clearly … 7 Pa. 2016); (2) the assessment of risk after filing and presumption of denial, per the Neufeld Memo, were not arbitrary and capricious, id. at 598-99; and (3) the Aytes and Neufeld Memos qualify

Dyrell Glenn Bryan v. John Bean Division of Fmc Corporation, Defendant-Third-Party Appellant-Cross v. Midland-Ross Corporation, Third-Party Cross Royal-Globe Insurance Company, Intervenor-Appellee

566 F.2d 541 · Court of Appeals for the Third Circuit · Jan 20, 1978

Green read you does not establish there was negligence. It does not establish the truth of what that expert says. … As Chief Judge Brown lucidly illustrates in his article Federal Special Verdicts: The Doubt Eliminator, 44 F.R.D. 338 (1968), special verdicts eliminate the opacity of the general verdict and clearly disclose the bases of

Javier De La Cruz Vargas v. Attorney General United States

543 F. App'x 162 · Court of Appeals for the Third Circuit · Nov 7, 2013

The IJ eventually determined that Vargas‟ conviction did not qualify as an aggravated felony, and that he was both eligible for and merited discretionary relief. … The BIA may not reverse an IJ‟s factual findings unless they are clearly erroneous, 8 C.F.R. § 1003.1(d)(3)(i), and may not engage in its own factfinding in the course of deciding the appeal. 8 C.F.R. § 1003.1(d)(3)(iv)

Patriot Party Of Allegheny County v. Allegheny County Department Of Elections

95 F.3d 253 · Court of Appeals for the Third Circuit · Nov 4, 1996

The Court recognized that the State's ban on endorsement by the party leadership was "clearly a restraint on the right of association," id. at 225 , 109 S.Ct. at 1021 (citing Citizens Against Rent Control/Coalition for Fair … The Supreme Court observed that 60 the experience of many States ... demonstrates that no more than a handful of parties attempts to qualify for ballot positions even when a very low number of signatures, such as 1% of the

Abulashvili v. Attorney General of the United States

663 F.3d 197 · Court of Appeals for the Third Circuit · Nov 15, 2011

She determined that the application was untimely and that Abulashvili had failed to demonstrate that he qualified for an exception to the time limitation. … Moreover, even if she could somehow remain neutral in fact, the appearance was clearly to the contrary.

North Sound Capital LLC v. Merck & Co Inc

938 F.3d 482 · Court of Appeals for the Third Circuit · Sep 12, 2019

No. 105-640, at *10 (1998), and hence interfered with the establishment of a uniform standard of liability for nationally traded securities, see S. Rep. No. 105-182, at *3. … state-law fraud claim, Plaintiffs asserted that the individual actions did not have “really anything else to do with the class action,” and in response the District Court astutely observed that Plaintiffs “were going to use clearly

Michael B. Shaffer v. Hon. James R. Schlesinger, Secretary of Defense

531 F.2d 124 · Court of Appeals for the Third Circuit · Feb 23, 1976

To qualify under AR 635-20 for a discharge from the armed forces as a conscientious objector, 4 an applicant must establish that he is opposed to participation to war in any form; 5 that his opposition to war is rooted in … That petitioner was a son and grandson of career military officers is clearly an inadequate basis in fact.

Owens v. Aetna Life & Casualty Co.

654 F.2d 218 · Court of Appeals for the Third Circuit · Jul 7, 1981

It establishes no issue of material fact as to what Owens could hope to establish at trial. 35 Neither in his pleadings and affidavits in the district court nor here did Owens advance any theory of liability based on concert … Mere membership in any group would then qualify members, good and bad risks, for coverage under the group insurance concept. Surcharging bad risks had not proven efficacious.

Michael Mindock v. Weir Minerals North America

501 F. App'x 200 · Court of Appeals for the Third Circuit · Oct 17, 2012

plaintiff; third, that the plaintiff was qualified for the position in question; and fourth, that the plaintiff was ultimately replaced by another employee who was sufficiently younger to support an … Here, the District Court correctly found that Mindock clearly fulfilled the first three 4 requirements because he was 47 years old at the time that Weir terminated him

United States v. Calixto Tumbaco

Court of Appeals for the Third Circuit · Dec 22, 2023

Moreover, none of the three grounds for appeal set forth in Tumbaco’s pro se brief establish a non-frivolous issue. … The District Court correctly recognized that Tumbaco qualified for the “safety valve” provision and reduced his sentence accordingly.

National Security Systems, Inc. v. Iola

700 F.3d 65 · Court of Appeals for the Third Circuit · Nov 8, 2012

The District Court‘s finding of actual knowledge nevertheless was clearly erroneous for a different reason. … Absent any consideration of those facts, the District Court clearly erred in finding that, by 1990, plaintiffs had actual knowledge of all facts necessary to establish a § 502(a)(3) claim against Barrett.

Menkowitz v. Pottstown Memorial Medical Center

154 F.3d 113 · Court of Appeals for the Third Circuit · Aug 24, 1998

As both the language of Title III and its legislative history clearly demonstrate, the phrase “clients or customers,” which only appears in 42 U.S.C. § 12182 (b)(l)(A)(iv), is not a general circumscription of Title III and … We have held that in order to establish a violation under this section, the plaintiff must prove: (1) that he is a “handicapped individual” under the Act, (2) that he is “otherwise qualified” for the position sought, (3)