Case law

United States v. James A. Essig

10 F.3d 968 · Court of Appeals for the Third Circuit · Jan 5, 1994

Because the Supreme Court has clearly established that it is the potential sentence that controls and not the one actually imposed, we reject Essig’s argument as counsel presents it. See also United States v. … Because of Essig's continuing disability with respect to jury service, we do not reach the issue of whether the state must act affirmatively to restore civil rights where an otherwise qualifying conviction does not deprive

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

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.

James Coventry v. United States Steel Corporation

856 F.2d 514 · Court of Appeals for the Third Circuit · Aug 26, 1988

Yost advised Hallas that Hallas qualified for the 70/80 mutual option pension, but that he could not elect that option without executing the PF-116-B release. … In its decision, the district court concluded that, although Hallas had established a prima facie case of age discrimination, he had failed to demonstrate that the non-discriminatory reason that USS had asserted for his discharge

Lorraine Fiadjoe v. Attorney General of the United States

411 F.3d 135 · Court of Appeals for the Third Circuit · Jun 17, 2005

Although it had been established that Ms. … Fiadjoe does not qualify for relief under the CAT because she did not establish that she is more likely than not to be tortured if she returns to Ghana. *149 The IJ entered orders denying Ms.

John E. Rennie v. Ann Klein, Commissioner of Human Services Michail Rotov, Director, Division of Mental Health and Executive Officer of Ancora Psychiatric Hospital Max Pepernick, Acting Medical Director of Ancora Psychiatric Hospital Edward Wallace, Assistant Administrator of Ancora Psychiatric Hospital Josefina Bugaoan, Assistant Medical Director of Ancora Psychiatric Hospital. Appeal of John E. Rennie, on Behalf of Himself and All Others Similarly Situated, and Caroline Mauger, Eugenio Burgeos, Leon Rossi, Hazel Moncrief, Ernie Welker, Mary Jane Weiss, Margaret Mary McGrath Joseph Kamienski, Intervenors, on Behalf of Themselves and All Others Similarly Situated. John E. Rennie v. Ann Klein, Commissioner of Human Services: Michail Rotov, Director, Division of Mental Health and Executive Officer of Ancora Psychiatric Hospital Max Pepernick, Acting Medical Director of Ancora Psychiatric Hospital Edward Wallace, Assistant Administrator of Ancora Psychiatric Hospital Josefina Bugaoan, Assistant Medical Director of Ancora Psychiatric Hospital. Appeal of Ann Klein and Michail Rotov

720 F.2d 266 · Court of Appeals for the Third Circuit · Oct 13, 1983

II(2). 36 In addition, the regulations establish a system of review by other professional staff members at the institution. … Id. 273 1 Although the facts of Youngberg concerned the mentally retarded, the language and analysis of the opinion clearly apply to the class of persons who have been committed involuntarily. Cf.

Veneziano v. Long Island Pipe Fabrication & Supply

79 F. App'x 506 · Court of Appeals for the Third Circuit · Oct 23, 2003

ADA and NJLAD’s Qualified Person Requirement Veneziano claims that the District Court erred when it found that Veneziano had not shown a genuine issue of material fact about whether he was a qualified person … Veneziano misreads the ADA’s prohibition against retaliation and coercion, 42 U.S.C. § 12203, to apply to all “persons” when it clearly applies only to employers. See, e.g., Hiler v.

Bank of New Jersey v. Brokers Financial Corp.

557 F.2d 365 · Court of Appeals for the Third Circuit · Jun 13, 1977

Indeed, every reference to “the default” in the correspondence cited above seems clearly to refer to the interest arrearages from November to March. 17 Even apart from inquiries into what the parties “really” did, these facts … The burden of establishing lack of good faith is on the party against whom the power has been exercised. . The full text of the bond is as follows: FINANCIAL GUARANTEE BOND PROMISSORY NOTE Date: April 16, 1971 Bond No.

Ezeagwuna v. Atty Gen USA

Court of Appeals for the Third Circuit · Apr 14, 2003

extraordinary, and would clearly substantiate the respondent’s claim. … The memo was therefore clearly not available prior to the close of evidence.

Boyle v. County Of Allegheny Pennsylvania

139 F.3d 386 · Court of Appeals for the Third Circuit · Mar 23, 1998

Id. at 517 , 100 S.Ct. at 1294 . 83 The Branti Court was clearly dissatisfied with the categorical approach enunciated in Elrod, which distinguished between "policymaking" and "nonpolicymaking" positions, and sought to clarify … Moreover, it is not clear at all, Justice Brennan continued, that political patronage dismissal will result in replacement by a person "more qualified to do the job since appointment often occurs in exchange for the delivery

Jackie Stefanowicz v. Suntrust Mortgage Inc

Court of Appeals for the Third Circuit · Mar 29, 2019

To establish a prima facie case under the ECOA, a plaintiff must show that (1) she was a member of a protected class; (2) she applied for credit from the defendant; (3) she was qualified for the credit; and (4) despite … qualifying, she was denied credit.

Lecates v. Justice of Peace Court No. 4

637 F.2d 898 · Court of Appeals for the Third Circuit · Dec 30, 1980

Confederated Bands and Tribes of the Yakima Indian Nation, 439 U.S. 463 , 99 S.Ct. 740 , 58 L.Ed.2d 740 (1979), which the dissent relies on to argue that Illinois State Board of Elections did not qualify the Hicks doctrine … In light of the facts recounted above, this finding is not clearly erroneous. . 408 U.S. 901 , 92 S.Ct. 2501 , 33 L.Ed.2d 327 (1972), dismissing for want of a substantial federal question 281 A.2d 24 (Del.1971). .

Weston v. Pennsylvania

251 F.3d 420 · Court of Appeals for the Third Circuit · May 22, 2001

We have specifically found oral reprimands not sufficiently adverse to qualify under the statute. … He cannot establish causation or pretext. IV.

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.

Allstate Insurance v. Drumheller

185 F. App'x 152 · Court of Appeals for the Third Circuit · Jun 27, 2006

He clearly did. E. To be a “premises used in connection with” requires that the insured have some legal interest in the accident location. … Although many of these sub paragraphs clearly require or anticipate a legal interest, the provision at issue here, II 8.b.6, clearly does not.

Khouzam v. Atty Gen USA

Court of Appeals for the Third Circuit · Dec 5, 2008

While this observation may well be correct, it has no bearing on whether the DHS’s termination of deferral may also qualify as an order of removal. … Clearly, Khouzam was going to be removed, and that was final.

Moreland ex rel. Moreland v. Western Pennsylvania Interscholastic Athletic League

572 F.2d 121 · Court of Appeals for the Third Circuit · Feb 27, 1978

However, should the team again win this year and qualify for post-season competition, there is the practical question whether Moreland could obtain judicial review in a fresh suit. … Boren, 429 U.S. 190 , 97 S.Ct. 457 , 50 L.Ed.2d 397 (1976): “To withstand constitutional challenge, previous cases establish that classification by gender must serve important governmental objectives and must be substantially

United States v. Grier

Court of Appeals for the Third Circuit · Feb 5, 2007

These facts must be established beyond a reasonable doubt. Apprendi, 530 U.S. at 490. … I believe, however, that they overlook a critical qualifier in that statement: the word “may.” For only if the Guidelines are mandatory, as they were pre-Booker, is Blakely violated.

Gares v. Willingboro Township

90 F.3d 720 · Court of Appeals for the Third Circuit · Jul 23, 1996

We believe the jury might reasonably have found that Owens' position qualified him as "upper management" himself. … Municipalities were absolutely immune from suit at common law.

C.H. v. Cape Henlopen School District

606 F.3d 59 · Court of Appeals for the Third Circuit · May 25, 2010

The IDEA establishes a private cause of action against a school district that fails to abide by its legal obligations. … Weast, 546 U.S. 49, 53 (2005) (“The core of the [IDEA] . . . is the cooperative process that it establishes between parents and schools.”).