Case law

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."

United States v. David Cobb

Court of Appeals for the Third Circuit · Feb 6, 2025

In addition, the amended Policy Statement applies when there has been a change in the law impacting a prisoner’s sentence.2 Cobb argued below that he no longer qualified as a career offender because he did not have “at … To the extent a disparity based on the resentencing of a co-defendant may constitute an 3 Cobb’s motion for compassionate release did not clearly identify the basis of his challenge to his career offender status.

Dunn v. United States

842 F.2d 1420 · Court of Appeals for the Third Circuit · Mar 23, 1988

As we shall explain, see infra Part V, that finding was clearly erroneous. IV. EAJA A. Statutory Language 50 The Equal Access to Justice Act, 28 U.S.C. … The party claiming prevailing party status bears the burden of proof. 51 The threshold inquiry for a district court when presented with an application for attorneys' fees is whether the claimant qualifies as a prevailing

Bernardsville Board of Education v. J.H., Individually and on Behalf of Their Minor Son, J.H. E.H., Individually and on Behalf of Their Minor Son, J.H. J.H., Individually

42 F.3d 149 · Court of Appeals for the Third Circuit · Dec 20, 1994

The school district's size is no excuse for its conduct in this case. 81 The Bernardsville District was clearly on notice, albeit not through a formal due process request, that J.H.' … Because we agree with the district court that the Board of Education failed under either standard, we need not address the parties' contentions as to which standard applies. 12 Caselaw qualifies 20 U.S.C.

Danfield v. Johns-Manville Sales Corp.

829 F.2d 1233 · Court of Appeals for the Third Circuit · Sep 22, 1987

CONCLUSION My position by no means constitutes the establishment of tort law for New Jersey. … Clearly, the unknowability of harms associated with a particular product is the ultimate narrative or historic fact that a producer of that product must prove in order to establish the state-of-the-art defense. .

Intervest, Inc. v. Bloomberg, L.P.

340 F.3d 144 · Court of Appeals for the Third Circuit · Aug 7, 2003

InterVest submits that the evidence it presented in this case qualifies for the direct evidence exception to the Monsanto/Matsushita summary judgment standard and consequently faults the District Court’s application of these … At all events, because the first “plus” factor is clearly not fulfilled, InterVest cannot survive summary judgment on a conscious parallelism claim.

Leslie v. Attorney General

208 F. App'x 108 · Court of Appeals for the Third Circuit · Dec 8, 2006

At the time of his father’s naturalization, they were “legally separated,” because they clearly had no binding relationship at that time. … As a threshold matter, Leslie does not challenge the qualifying convictions. Ordinarily, we would lack subject matter jurisdiction over this petition for review, 8 U.S.C. §§ 1252(a)(2)(C), (a)(2)(B)(i).

Zheng v. Atty Gen USA

104 F. App'x 251 · Court of Appeals for the Third Circuit · Jul 16, 2004

Although this episode illustrates public security officials’ religious intolerance and brutality, it does not clearly establish that they knew of Zheng’s Christian religious activities, nor does … Thus, Zheng’s testimony concerning his father’s injuries does not establish a well-founded fear of future persecution as required to qualify for asylum and withholding of deportation. See Zubeda v.

United States v. Salinas-Cortez

403 F. App'x 686 · Court of Appeals for the Third Circuit · Dec 14, 2010

We stated in Sevilla that “[t]he court need not discuss every argument made by a litigant if the argument is clearly without merit.” Id. at 232. … establish that the District Court decided the two-level issue and intended the presentence report to serve as an explanation of his ruling on that issue.

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.

United States v. Joseph Konrad

730 F.3d 343 · Court of Appeals for the Third Circuit · Sep 20, 2013

“A person is ‘financially unable to obtain counsel’ ... if the person’s net financial resources and income are insufficient to obtain qualified counsel” considering “the cost of ... the necessities of life.” … Coniam, 574 F.Supp. at 618 (“Nothing in the act provides nor manifests a congressional intention to subsidize a defendant who is clearly able to pay out of earned income.”).

Ameristeel Corp. v. Inter. Broth. of Teamsters

267 F.3d 264 · Court of Appeals for the Third Circuit · Sep 26, 2001

Accordingly, Howard Johnson does not bridge the gap between Wiley and Burns, nor does it establish broadly applicable guiding principles that should be implemented when analyzing labor law successorship problems. 3 32 Still … However, if one is 35 years of age, he or she does not necessarily qualify. Being a native-born citizen is another sine qua non, in fact.)

Matsushita Electric Industrial Co. v. Zenith Radio Corp.

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 .

International Union of Electrical, Radio & Machine Workers v. Westinghouse Electric Corp.

631 F.2d 1094 · Court of Appeals for the Third Circuit · Aug 1, 1980

The prior regulation, however, clearly supported Westinghouse’s position. … Title VII guarantees that qualified female employees will have access to all jobs, and the Equal Pay Act assures that men and women performing the same work will be paid equally.

Morris County Trust For Historic Preservation v. Pierce

714 F.2d 271 · Court of Appeals for the Third Circuit · Jul 29, 1983

Clearly, this is a construction of the statute which places too great an administrative burden on the urban renewal process." See South Hill Neighborhood Association v. … Preservation Officer, [applying] the criteria of Effect (§ 800.3(a)) to determine whether the undertaking will have an effect upon the historical, architectural, archaeological, or cultural characteristics of the property that qualified

Frank Lloyd v. American Export Lines, Inc., in No. 77-2096 v. Roland Alvarez, Third-Party Frank Lloyd v. American Export Lines, Inc. v. Roland Alvarez, Third-Party in No. 77-2097

580 F.2d 1179 · Court of Appeals for the Third Circuit · Jun 22, 1978

Thus, he attempted to establish at the Coast Guard hearing what Alvarez attempted to establish at the later trial: Lloyd's intoxication, his role as the aggressor, and his prior hostility toward Alvarez. … Lloyd's version of his relationship with Alvarez and of the events of September 7 was clearly material to the issues the jury was called upon to decide.

Abdulmalik Abdulla v. Attorney General United States

Court of Appeals for the Third Circuit · Aug 27, 2025

Even if we excuse exhaustion as to the due process claim, however, Abdulla’s citizenship and NTA claims are clearly foreclosed by our precedent. … Specifically, he claims that he qualified for derivative citizenship based on his father’s naturalization under the law at the time, former 8 U.S.C. § 1432(a).

Jamal Fahie v. People of the Virgin Islands

858 F.3d 162 · Court of Appeals for the Third Circuit · May 24, 2017

courts as may have been or may hereafter be established by local law.’” … That doctrine requires that: (1) a party adopts a position clearly inconsistent with an earlier position and (2) the party had succeeded in persuading a court to accept that party’s earlier position

In Re Avandia Marketing, Sales Practices & Products Liability Litigation

685 F.3d 353 · Court of Appeals for the Third Circuit · Jun 28, 2012

2011 WL 2413488, at *4; 12 As the District Court noted, the policy might also create an obligation for the insured to inform the MAO of any primary insurance coverage, including tort settlements where the tortfeasor qualifies … Methodist Healthcare, 517 18 Because Congress clearly intended there to be parity between MAOs and traditional Medicare, we find additional support for our decision in § 1395y(b)(2)(B)(iii), the government’s cause of

Harding v. Careerbuilder, LLC

168 F. App'x 535 · Court of Appeals for the Third Circuit · Feb 27, 2006

There is no dispute that Harding established a prima facie case of discrimination by showing that he was over forty, was qualified for his job, and was replaced with a significantly younger worker. … We agree that Harding’s deposition testimony clearly establishes those admissions, as can be seen in the following two exchanges: Q: Did [Delaney] make it clear to you that you would be expected to