Case law

Jack Foster Outten, Jr. v. Rick Kearney, Warden, Sussex Correctional Institute Attorney General of the State of Delaware, Jack F. Outten, Jr.

464 F.3d 401 · Court of Appeals for the Third Circuit · Sep 28, 2006

Taylor, 529 U.S. 362 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000), the Supreme Court held that a state court decision is “contrary to” clearly established federal law if it (1) “contradicts the governing law set- forth in [the … Strickland qualifies as ‘clearly established [fjederal law, as determined by the Supreme Court of the United States.’ ” Williams, 529 U.S. at 391 , 120 S.Ct. 1495 .

United States v. Langford

Court of Appeals for the Third Circuit · Feb 22, 2008

Wilken, 498 F.3d 1160 (10th Cir. 2007) (holding that the erroneous application of an enhancement did not affect the district court’s selection of the sentence imposed because defendant qualified as a career … In the statute establishing the Commission, Congress stated that it should, inter alia, “establish sentencing policies and practices for the Federal criminal justice system that . . . avoid[ ] unwarranted sentencing disparities

Fidelity & Deposit Company of Maryland, a Corporation of the State of Maryland v. Hudson United Bank, a Banking Corporation of the State of New Jersey

653 F.2d 766 · Court of Appeals for the Third Circuit · Aug 6, 1981

We do not believe that these findings are clearly erroneous. … Nothing we say in this opinion should be interpreted as establishing his alleged dishonesty. 5 .

McMunn v. Babcock & Wilcox Power Generation Group, Inc.

869 F.3d 246 · Court of Appeals for the Third Circuit · Aug 23, 2017

Such conclusory opinions of medical causation, even by qualified experts, are insufficient to establish causation of cancer by exposure to uranium effluent. See Tamraz v. Lincoln Elec. … See McMunn, 131 F.Supp.3d at 389 ("In’ addition, to establish a breach of duty, Plaintiffs must offer evidence from a qualified expert that the Apollo facility’s emissions exceeded regulatory limits."). .

Lin v. Attorney General of the United States

543 F.3d 114 · Court of Appeals for the Third Circuit · Sep 11, 2008

HANDS OF THE CHINESE GOVERNMENT, AND THUS, IS CLEARLY ELIGIBLE FOR ASYLUM. … It is well-established that agencies may waive compliance with their “procedural rules adopted for the orderly transaction of [agency] business.... ” Colo. Envtl. Coal. v.

Association New Jersey Rifle v. Attorney General New Jersey

Court of Appeals for the Third Circuit · Sep 1, 2020

But whether we agree with the majority’s opinion or not, we cannot say that it is clearly wrong or manifestly unjust. … Heller itself repeatedly invokes the First Amendment in establishing principles governing the Second Amendment.” Id.

Evans v. Buchanan

582 F.2d 750 · Court of Appeals for the Third Circuit · Jul 24, 1978

First, the establishment of a taxation scheme for a new, court-created school district is an act of unique import, qualifying the matter for consideration under a device “reserved for really extraordinary causes.” … And if other cases fail to explicate so clearly the rationale behind the presumption, it is only because the presumption is so impervious to'alteration. See e. g., McGowan v.

City of Philadelphia v. Attorney General United States

916 F.3d 276 · Court of Appeals for the Third Circuit · Feb 15, 2019

Supp. 3d at 616 (“Congress delegated authority to impose conditions on other grants in the same chapter, and did so clearly.”); Chicago II, 888 F.3d at 286 (“Congress knew how to grant such authority, and explicitly did so … (“Against that backdrop, it is inconceivable that Congress would have anticipated that the Assistant Attorney General could abrogate the entire distribution scheme and deny all funds to states and localities that would qualify

Gist v. Comm Social Security

67 F. App'x 78 · Court of Appeals for the Third Circuit · Apr 24, 2003

Barnhart, 312 F.3d 113, 125-26 (3d Cir. 2002), clearly establishes that the Standard Error of Measurement may not be imposed when applying listing 12.05.1 As we stated in Burns, if we were to read an error range … With an actual IQ score of 62, Gist clearly does not meet listing 12.05B.

Cheryl Faylor v. Michael Szupper

411 F. App'x 525 · Court of Appeals for the Third Circuit · Jan 4, 2011

On appeal, Faylor alleges that the URA creates a classification of people that qualify for the low-income entitlement benefits available under that statute, and that she alleged membership in this class. … would be seriously prejudiced in their defense were the Court to grant Faylor’s motion. 9 The District Court properly dismissed the negligence claims against the HUD defendants on the ground that they were immune

Lukens Steel Co. v. Klutznick

629 F.2d 881 · Court of Appeals for the Third Circuit · Aug 19, 1980

EDA, pursuant to its authority and with funds provided by PWEDA, thereupon established a “special program to guarantee loans and leases financed by private lending institutions to firms in the basic steel industry.” … assistance it seeks from EDA is not available from other sources, whether private lenders or other federal agencies. 42 U.S.C. § 3142 (b)(4). 3 EDA reiterated this requirement in the Steel Industry Lending Guidelines. *884 To qualify

Layne B. Foulk Marjorie E. Foulk, H/w v. Donjon Marine Company, Inc., Defendant/third-Party v. Breakwaters International, Inc., Third-Party Donjon Marine Company, Inc., in 97-5235. Layne B. Foulk Marjorie E. Foulk, in 97-5269

144 F.3d 252 · Court of Appeals for the Third Circuit · May 11, 1998

By affirmatively including such a statement, a party clearly describes a claim as being one in admiralty. … Thus, under the "no snapshot" doctrine, 10 days, not a few hours, is the appropriate durational measure. 25 The question then is whether Foulk qualifies as a Jones Act "seaman" when his durational connection to the Farrell

In Re Japanese Electronic Products Antitrust Litigation

631 F.2d 1069 · Court of Appeals for the Third Circuit · Jul 7, 1980

It has a greater effect than a judge in disciplining attorneys to present their cases clearly and concisely. … The remarks appear in the course of the court's argument that a jury, in general, is better qualified than a judge to decide complex cases. Id. at 935-36 .

United States v. McDonald

66 F. App'x 411 · Court of Appeals for the Third Circuit · Jun 4, 2003

Aside from the fact that a “hobby” fails to constitute a “qualified business use” under the Tax Code, Appellant misstates the issue. … Johnstone, 107 F.3d 200 (3d Cir. 1997) in stating that a proper charge “must clearly articulate the relevant legal standard.” App. at 17. The proposed instructions failed to do so.

United States v. Sean Hagins

Court of Appeals for the Third Circuit · Mar 10, 2025

The Court in Concepcion, however, did not address the issue here: what qualifies as an “extraordinary and compelling” reason under the compassionate release statute. … As the District Court clearly did not abuse its discretion in denying Hagins’s motion for a sentence reduction, the appeal does not present a substantial question.

South Atlantic Limited Partnership of Tennessee, Lp South Atlantic Income Properties, LLC South Atlantic Management Company, E. Stephen Stroud Grace D. Ramsey Steven M. Simpson, Third Party v. David R. Riese Gary Plichta Gibraltar Companies of Tennessee, Incorporated Gibraltar Companies, Incorporated, & Third Party David R. Riese Gary Plichta Gibraltar Companies of Tennessee, Incorporated Gibraltar Companies, Incorporated, & Third Party v. E. Stephen Stroud Grace D. Ramsey Steven M. Simpson, Third Party South Atlantic Limited Partnership of Tennessee, Lp South Atlantic Income Properties, LLC South Atlantic Management Company, South Atlantic Limited Partnership of Tennessee, Lp South Atlantic Income Properties, LLC South Atlantic Management Company, E. Stephen Stroud Grace D. Ramsey Steven M. Simpson, Third Party v. David R. Riese Gary Plichta Gibraltar Companies of Tennessee, Incorporated Gibraltar Companies, Incorporated, & Third Party

284 F.3d 518 · Court of Appeals for the Third Circuit · Mar 22, 2002

That decision established no such exception, however, and it is distinguishable from this case on its facts. … As a rule, misrepresentations, even negligent misrepresentations, are sufficient for an act to qualify as an unfair or deceptive trade practice. Gilbane, 80 F.3d at 903 .

Aamodt v. United States Nuclear Regulatory Commission

771 F.2d 720 · Court of Appeals for the Third Circuit · Aug 27, 1985

regarding the quality of the management of TMI Unit 1 and the corporate management, staffing, organization and resources of Metropolitan Edison; *724 (7) whether Metropolitan Edison has made adequate provision for groups of qualified … It is undisputable that leak rate falsification had been a serious problem at TMI-2 prior to the accident and further investigation of that problem was clearly called for.

Thomas Preston v. Fidelity Brokerage Services

Court of Appeals for the Third Circuit · Mar 30, 2022

FINRA was established pursuant to Section 15A of the Securities Exchange Act, which “created a system of supervised self-regulation in the securities industry.” Id. … One who publishes defamatory matter within the scope of an absolute privilege is immune from liability regardless of occasion or motive.” Agriss v. Roadway Exp., Inc., 334 Pa.

In Re Asbestos Products Liability Litigation

536 F. App'x 183 · Court of Appeals for the Third Circuit · Sep 6, 2013

consolidated as part of MDL 875 in 2001. 4 Section 1441(d) allows a foreign state to remove any civil action brought against it in a state court to federal district court, and ACL, whose majority stockholder was Quebec, Canada, qualified … [because] the use of „any civil action‟ in § 1441(d) was clearly meant to grant removal jurisdiction over more than just the „claims‟ asserted against a foreign state.”). 9

Transamerica Occidental Life Insurance Company v. Aviation Office of America, Inc. International Insurance Company

292 F.3d 384 · Court of Appeals for the Third Circuit · May 24, 2002

This is an essential component of our analysis because it establishes that Transamerica was aware of the identity of interests between IIC and the Texas plaintiffs. … But the subrogation at issue there is clearly distinguishable from our facts.