Case law

Levy v. Parker

478 F.2d 772 · Court of Appeals for the Third Circuit · Apr 18, 1973

We conclude that there exist no countervailing military considerations which justify the twisting of established standards of due process in order to hold inviolate these articles, so clearly repugnant under current constitutional … Although evidence presented at the trial of an offense alleged under Article 134 may be insufficient to establish the commission of a crime or offense not capital, it may nevertheless be sufficient to establish a disorder

Thomas Gray v. Joseph J. Brunetti Construction Co., Inc.

266 F.2d 809 · Court of Appeals for the Third Circuit · Apr 24, 1959

Gadsby, 3 Cranch 180, 186 , 7 U.S. 180, 186 , 2 L.Ed. 404 : “ * * * no principle is more clearly settled, than that the construction of a written evidence [contract] is exclusively with the court.” … The circumstance that one is an attorney does not automatically qualify him to practice before courts to which he has not been admitted.

Hammersmith v. TIG Ins Co

Court of Appeals for the Third Circuit · Mar 15, 2007

Clearly, this runs contrary to the Restatement’s “preference that only one set of laws govern a given insurance contract.” United Brass Works, 819 F.Supp. at 469. … An unreasonable delay in disclaiming coverage qualifies as an “act inconsistent with a lack of coverage.” Id.

In Re Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Products Liability Litigation

573 F. App'x 184 · Court of Appeals for the Third Circuit · Jul 14, 2014

The resulting AHP Settlement Trust (the “Trust”), acting through its trustees and claims administrator, administers and reviews claims to determine the benefits, if any, that a class member is qualified to receive under … An abuse of discretion may be found if the District Court’s decision “rest[s] on a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” Id.

Chao v. Roy's Construction, Inc.

517 F.3d 180 · Court of Appeals for the Third Circuit · Feb 29, 2008

We conclude that the Commission has departed from its established precedent. … As we explain below, however, our holding does not depend on the qualify of the ALJ’s explanation for granting relief. 4 .

Adewale Idowu v. Attorney General United States

512 F. App'x 222 · Court of Appeals for the Third Circuit · Jan 30, 2013

Thus, Idowu was ineligible to adjust his status unless he qualified for a waiver. … The Board affirmed the IJ’s conclusion that Idowu failed to establish eligibility for a section 212(h) waiver of inadmissibility, because his eluding conviction categorically qualified as a crime of violence under 18 U.S.C

Manaa-Atallah v. Attorney General of the United States

480 F. App'x 663 · Court of Appeals for the Third Circuit · May 16, 2012

The BIA also held that the risk of torture by Hamas does not qualify for CAT protection because Israel, not Hamas, is the governing authority in the West Bank. … Manaa-Atallah introduced various types of evidence purportedly establishing the threat that he would be tortured if he were removed to the West Bank or Jordan.

PJM Power Providers Group v. FERC

88 F.4th 250 · Court of Appeals for the Third Circuit · Dec 1, 2023

(b); 5 U.S.C. § 702 (waiving sovereign immunity for claims for relief “other than money damages”); 28 U.S.C. § 1331. 15 16 U.S.C. § 825l(a). 16 Id. § 825l(b) 17 Id. … “a finding that the existing rate was unlawful,” 111 our thorough consideration of the entire record must ensure that the 107 P3 Br. 37. 108 Notably, in neither of § 205(g)’s two enumerated clauses did Congress qualify

Berner International Corporation v. Mars Sales Company

987 F.2d 975 · Court of Appeals for the Third Circuit · Mar 5, 1993

Canfield, 808 F.2d at 296 (emphasis added) (quotations omitted). 2 If a term is arbitrary or suggestive, courts will treat it as distinctive and automatically qualify it for trademark protection. Id. at 297 . … We are mindful that these categories are less than clearly defined and may be difficult to utilize. "These categories, like the tones in a spectrum, tend to blur at the edges and merge together.

The Presbytery Of New Jersey Of The Orthodox Presbyterian Church v. James Florio

40 F.3d 1454 · Court of Appeals for the Third Circuit · Dec 13, 1994

This Court reads these statements as clearly including Plaintiff Cummings. … The state's representations clearly show that the claims of the institutional plaintiffs, Presbytery and Calvary are not ripe.

United States v. Vento

533 F.2d 838 · Court of Appeals for the Third Circuit · Apr 7, 1976

They suggest that the government should have subpoenaed the testimony of its informants and if necessary offered the informants immunity from prosecution. … To follow the newly discovered trail is the investigator's duty. 75 Title III clearly contemplates that one interception might provide evidence valuable to law enforcement officers engaged in a different investigation.

Patel v. Attorney General of the United States

259 F. App'x 511 · Court of Appeals for the Third Circuit · Dec 20, 2007

The BIA, however, never explicitly indicated whether persecution by the RSS qualifies as government or government-sponsored persecution — even though the answer to this question bears directly on whether the Patels had … If relocation factors into the BIA’s decision on remand, it should clearly address this question.

Jose Rodriguez v. Attorney General United States

559 F. App'x 188 · Court of Appeals for the Third Circuit · Mar 19, 2014

Rodriguez contested his removal, arguing before the IJ that the government had not met its burden of establishing by clear and convincing evidence that his offense was a crime involving moral turpitude. … Penal Law § 15.15(1), when the term “intentionally” appears in a criminal statute, “it is presumed to apply to every element of the offense unless an intent to limit its application clearly appears.”

In re: Diet Drugs v.

Court of Appeals for the Third Circuit · Aug 4, 2014

To qualify for benefits, claimants must submit a AGreen Form@ disclosing their personal and medical information. … Claimants qualify for benefits if they suffer from, among other things, moderate or more severe mitral regurgitation.

United States v. Donald E. Belle. Appeal of Donald Belle

593 F.2d 487 · Court of Appeals for the Third Circuit · Feb 28, 1979

The alleged statements clearly bore on a fundamental part of the State’s case against petitioner. … Thus, if particular extrajudicial evidence is “crucial” to the prosecution’s case, the trial of the codefendant declarant must be severed from that of the defendant and the declarant must be granted use immunity and required

SBC Comm Inc v. FCC

Court of Appeals for the Third Circuit · Jul 14, 2005

However, the FCC then clearly stated in the NPRM that such state interpretations were “inconsistent with our rule.” Id. at n.173. … It is therefore clear that Congress did not contemplate, and clearly did not require, a calculation of the “actual” costs of transporting and terminating calls.

United States v. David Fields

39 F.3d 439 · Court of Appeals for the Third Circuit · Nov 3, 1994

This provision states: (a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels. … The evidence also established that, after this delivery was made, the defendant criticized the young man or boy for being too open in his manner of handing over the package.

In Re Fred J. Szostek, Denise M. Szostek

886 F.2d 1405 · Court of Appeals for the Third Circuit · Oct 12, 1989

Since the district court sits as an appellate court in reviewing cases from the bankruptcy court, the district court is neither a finder of fact, nor is any more qualified than the court of appeals to evaluate the decision … Clearly, there can be no revocation of the plan based on § 1330(a). 6 .

Jordan v. Federal Express Corp.

116 F.3d 1005 · Court of Appeals for the Third Circuit · Jun 19, 1997

The district court describes Jordan's attempt to state a § 502(a)(1)(B) claim as "halfhearted" because "his claims clearly are not based on the terms of his retirement plans which, just as clearly, preclude the revocation … It was not until June 3, 1989 that the Administrator received the documents establishing Jordan's disability status.

In Re: Diet Drugs v.

575 F. App'x 69 · Court of Appeals for the Third Circuit · Aug 4, 2014

To qualify for benefits, claimants must submit a AGreen Form@ disclosing their personal and medical information. … Claimants qualify for benefits if they suffer from, among other things, moderate or more severe mitral regurgitation.