Case law

United States v. Continental Group, Inc.

603 F.2d 444 · Court of Appeals for the Third Circuit · Jul 20, 1979

Clearly, it is not sufficient for the government to prove that the defendants agreed to do something; agreement itself is not illegal. … These include (A) appellants’ joint contention that the district court erred in refusing to direct the government to immunize William S. Doolan, United States v.

Michael v. Horn

459 F.3d 411 · Court of Appeals for the Third Circuit · Aug 21, 2006

California, 422 U.S. 806, 834-36 , 95 S.Ct. 2525 , 45 L.Ed.2d 562 (1975) (establishing the right of criminal defendants to proceed without counsel when they elect to do so voluntarily and intelligently); see also United States … Clearly, only the murderer could have known where the body could be found.

In Re: Unisys

Court of Appeals for the Third Circuit · Mar 22, 1999

Clearly, a medical doctor with no experience working with train tracks has no expertise with regard to the placement of loose railroad ties. If Dr. … The requirement that an expert witness be qualified is well established.

Parker v. Verizon Pennsylvania, Inc.

309 F. App'x 551 · Court of Appeals for the Third Circuit · Feb 4, 2009

The Court held that Parker arguably established that he was disabled and a qualified individual but that he “presented no evidence to create a material issue of fact that he suffered an adverse employment action as a result … Parker concedes that the same evidence of pretext applies to his ADA retaliation claim as his FMLA retaliation claim and therefore he has not been prejudiced even if Verizon’s motion did not clearly argue the ADA retaliation

Podedworny v. Harris

745 F.2d 210 · Court of Appeals for the Third Circuit · Sep 28, 1984

Mersky’s reports, that in a remand proceeding it is very unlikely that the Secretary would be able to establish that appellant possessed the residual capacity for sedentary work. … It is unnecessary for this court to determine if appellant’s experience was skilled or semi-skilled, for the evidence clearly suggests that it was not an unskilled position.

Vickie Thorne v. Pep Boys Manny Moe & Jack

980 F.3d 879 · Court of Appeals for the Third Circuit · Nov 20, 2020

Intangible Yet Concrete Injury Intangible injuries sometimes qualify as concrete. … Id. § 30116(c) (establishing statute of limitations and remedies).

Afran v. Gov of NJ

115 F. App'x 539 · Court of Appeals for the Third Circuit · Oct 13, 2004

The Constitution protects the right of qualified citizens to vote in both national and local elections. Reynolds v. … The New Jersey Constitution establishes a comprehensive framework by which unexpected transfers of power in the office of the Governor will take place.

Freethought Society, Of Greater Philadelphia v. Chester County

334 F.3d 247 · Court of Appeals for the Third Circuit · Jun 26, 2003

application for that designation. 34 There are six Corinthian columns in front of the facade of the Courthouse upon which the plaque is affixed; from certain angles, the columns obscure the plaque, though the plaque is clearly … based discrimination does not immunize such practices from scrutiny under the Fourteenth Amendment. . . .

Schall v. Joyce

885 F.2d 101 · Court of Appeals for the Third Circuit · Sep 15, 1989

And it has been established at least since Monroe v. … The state court is no better qualified to adjudicate these issues than the federal court.

United States v. Disantillo, Michele Romeo

615 F.2d 128 · Court of Appeals for the Third Circuit · Feb 7, 1980

This example of petitio principii, or begging the question, hardly qualifies as a reasoned elaboration. … Clearly, the provisions of that statute are met by the facts which have been stipulated in the case at bar.

United States v. Oppong

256 F. App'x 469 · Court of Appeals for the Third Circuit · Dec 7, 2007

The District Court found that the Sally case was applicable but denied Oppong relief under Sally, because he did not qualify for basic acceptance of responsibility under U.S.S.G. § 3E1.1. … Thus, “the District Court did precisely what we have encouraged district courts to do, i.e. indicate an awareness of the ability to depart, and that, therefore, under our well-established precedent, we lack jurisdiction

Schneller v. Crozer Chester Medical Center

387 F. App'x 289 · Court of Appeals for the Third Circuit · Jul 20, 2010

Schneller’s claims under 42 C.F.R. §§ 483.10, 483.13, 483.15, and 483.25 do not provide a basis for jurisdiction pursuant to § 1331 because they merely set forth the requirements that a facility must meet in order to qualify … In his brief on appeal, Schneller concedes that “there are no state actors of any clearly defined sort in this action,” but continues to press his argument that the private hospital appellees are state actors because they

Union County Jail Inmates, Timmie Lee Barlow, Elbert Evans, Jr., Raymond Skinner, James Wysocki, on Behalf of Themselves and All Other Persons Similarly Situated v. V. William Dibuono, Assignment Judge Joseph G. Barbieri, Criminal Assignment Judge Cuddie E. Davidson, Jr., Bail Judge as Representatives of the Judges of the Criminal Courts of Union County Ralph Froelich, Union County Sheriff James Scanlon, Jail Administrator Thomas Hefferson, Jail Warden Rose Marie Sinnot, Chairman, Board of Chosen Freeholders George Albanese, County Manager and Their Successors in Office, in Their Official Capacities, Randolph Pisane and Louis J. Coletti v. William H. Fauver, Commissioner, Department of Corrections, State of New Jersey, and His Successor in His Official Capacity. Appeal of William H. Fauver, Commissioner, New Jersey Department of Corrections

718 F.2d 1247 · Court of Appeals for the Third Circuit · Oct 5, 1983

The record establishes that the recreation rooms were built for a population of 244, not 494. See App. at 90. … Secs. 1-4 (1983) 5 The Special Master, a former Justice of the Supreme Court of New Jersey, is particularly well qualified for that position.

Emil Silvan Damsyik v. Atty Gen USA

393 F. App'x 845 · Court of Appeals for the Third Circuit · Sep 10, 2010

The BIA also found that there was not sufficient evidence to establish the existence of a “well-founded fear of future persecution.” … Damsyik established, the IJ ruled, that “there is at least a reasonable possibility . . . of being targeted upon return to qualify him as a matter of statute for asylum.” (App. at 24.)

Pallares v. Kohn

650 F.3d 276 · Court of Appeals for the Third Circuit · May 25, 2011

The Ecuadorian plaintiffs’ primary challenge is to the Court’s conclusion that, “[t]o the extent that any privilege or immunity from disclosure would otherwise apply to some or all of the discovery sought by Chevron or individual … And, because the Ecuadorian plaintiffs are the clients to whom the privilege belongs, they clearly have standing to challenge the District Court's privilege rulings. .

Maio v. Aetna, Inc.

221 F.3d 472 · Court of Appeals for the Third Circuit · Aug 11, 2000

This includes taking a thorough medical history of the patient, providing immunizations and cholesterol testing, and properly recording the physician’s findings. … See, e.g., JA-41 (quoting AMA press release stating that ”[w]e believe these contracts clearly are not in the patient’s best interest....

Carney v. International Brotherhood of Electrical Workers Local Union 98 Pension Fund

66 F. App'x 381 · Court of Appeals for the Third Circuit · May 16, 2003

Second, it argues that the 9 record evidence does not establish that the Trustees’ handling of Carney’s application was arbitrary and capricious. … Here, the time spent by Carney’s counsel preparing for depositions and reviewing deposition transcripts is clearly excessive.

Marsh & McLennan Incorporated v. Commissioner of Internal Revenue

420 F.2d 667 · Court of Appeals for the Third Circuit · Dec 31, 1969

An examination of the record indicates to me that these findings were clearly erroneous. … This evidence was uncontradicted, other than by the Government witness who, having no qualifications in the principles of accounting or statistics, was not qualified to testify on this point.

Fasold v. Justice

409 F.3d 178 · Court of Appeals for the Third Circuit · Jun 1, 2005

This is not enough to establish pretext. … The decision to terminate Fasold’s employment had already been made and was clearly approved by District Attorney Bruce Castor.

American College Of Obstetricians And Gynecologists, Pennsylvania Section v. Thornburgh

737 F.2d 283 · Court of Appeals for the Third Circuit · Jun 28, 1984

The Commonwealth concedes that osteopaths are qualified to perform abortions. Brief for Appellees at 34; Stipulation paragraphs 56-57, App. at 84-85a. … Indeed, a statute that established the limit for performance of abortions in terms of the weeks of pregnancy would have been invalid.