Case law

United States v. Angelita Adames

567 F. App'x 171 · Court of Appeals for the Third Circuit · Jun 2, 2014

―A guilty-plea proceeding is not limited to establishing the factual basis for the plea; it also lays some of the groundwork for the sentence.‖ United States v. Grigsby, 692 F.3d 778, 785 (7th Cir. 2012). … Certainly, the District Court’s determination was not clearly erroneous.6 III.

Stanislav Pitel v. Attorney General United States

528 F. App'x 172 · Court of Appeals for the Third Circuit · Jun 14, 2013

Although we generally lack jurisdiction to review a final order of removal against an alien who is removable for having committed a qualifying controlled substance offense, see 8 U.S.C. § 1252(a)(2)(C), we retain jurisdiction … In any event, such relief is clearly precluded by the failure to establish past persecution. See 8 C.F.R. § 208.13(b)(1)(iii)(A).

United States v. Ashley Andrews

681 F.3d 509 · Court of Appeals for the Third Circuit · Jun 4, 2012

Here, the discrepancy between the Indictment and the evidence presented at trial clearly constituted a variance. See id. … This expectation was sufficient to establish a conflict of interest under Virgin Islands law.

Zou v. Atty Gen USA

Court of Appeals for the Third Circuit · Sep 27, 2006

In order to qualify for the discretionary relief of asylum, an asylum applicant bears the burden of establishing that he or she is a “refugee,” as that term is defined in section 101(a)(42) of the INA, 8 U.S.C. § 1101(a … To qualify for withholding of removal pursuant to the CAT, an applicant must “establish that it is more likely than not that he or she would be tortured if removed to the proposed country of removal.” 8 C.F.R. § 208.16(

Osei-Afriyie v. Medical College of Pennsylvania

937 F.2d 876 · Court of Appeals for the Third Circuit · Jul 26, 1991

Whatever emotional distress he suffered on July 25, 1985 was clearly time-barred because Osei-Afriyie did not bring suit until 1990. 53 Osei-Afriyie also claims that his emotional distress was caused in part by Dr. … Catrett, 477 U.S. 317, 322-23 , 106 S.Ct. 2548, 2552 , 91 L.Ed.2d 265 (1986) (noting that entry of summary judgment is proper "against party who fails to make a showing sufficient to establish the existence of an element

United States v. Kyle Ishmael

469 F. App'x 86 · Court of Appeals for the Third Circuit · Mar 20, 2012

The safety valve provision “establish[es] that a defendant shall be sentenced pursuant to the sentencing guidelines without regard to any statutory minimum sentence in certain drug offense cases in the event that . . . … We can reject the District Court’s factual finding that Ishmael did not provide the required information and evidence only if we conclude that those findings were clearly erroneous.

Sylviana v. Attorney General

263 F. App'x 255 · Court of Appeals for the Third Circuit · Feb 7, 2008

INS, 12 F.3d 1233, 1240 (3d Cir. 1993) (“If persecution were defined . . . expansively, a significant percentage of the world’s population would qualify for asylum in this country—and it seems most unlikely that Congress … Far from “compel[ling] a contrary conclusion,” the evidence Sylviana presents clearly fails to meet 5 the burden required under the CAT.

Bamidele v. INS

Court of Appeals for the Third Circuit · Nov 1, 1996

Following his graduation in 1986, Bamidele held a variety of jobs until establishing himself with his current employer in 1990. … Rather, we consider this "a clearly legal issue that courts are better equipped to handle." Dion v. Secretary of Health and Human Serv., 823 F.2d 669, 673 (1st Cir. 1987); see also Lynch v.

56 Fair empl.prac.cas. 483, 53 Empl. Prac. Dec. P 40,002 Dorothy Drinkwater v. Union Carbide Corporation, Henry Kahwaty, National Marketing Services Manager, in His Individual and Representative Capacity and H v. Pratt, Jr., Director-Distributor Marketing, in His Individual and Representative Capacities

904 F.2d 853 · Court of Appeals for the Third Circuit · Jun 6, 1990

The standard that the district court did adopt comes from a long line of Title VII cases which hold that a plaintiff establishes a retaliation claim if she shows that she had a reasonable belief that her employer was engaged … In contrast, receiving an above average grade, for instance a "2," usually leads to a raise 3 Plaintiff did not receive the first mortgage differential payment until May of 1985, six months after she had qualified for it.

Michaels v. Equitable Life Assurance Society

305 F. App'x 896 · Court of Appeals for the Third Circuit · Jan 5, 2009

The failure to identify the basis for Michaels’s eligibility for disability suggests that Michaels may have been able to establish total disability based on either his mental condition or his physical condition. … Accordingly, the Independent Physician Consultant opined that Michaels did not qualify for long-term benefits. Id. at 896-97.

United States v. Donald Kenneth Currens

290 F.2d 751 · Court of Appeals for the Third Circuit · May 1, 1961

He stated that he recalled driving the car to Wheeling, West Virginia, but that he could not remember clearly what had transpired after that. … Bowers, a qualified neuropsychiatrist of Pittsburgh. Dr.

Spectacor Management Group v. National Labor Relations Board

320 F.3d 385 · Court of Appeals for the Third Circuit · Feb 13, 2003

It is apparent that the literal language of the SMG/Union agreement comes clearly within the prohibition ofS 8(e) of the Act. In National Woodwork Mfrs. Ass’n v. … Having found that a trade show floor did not qualify as a construction site, the ALJ determined that the agreement did not fit within the proviso. Id.

Swallows Holding v. Comm IRS

Court of Appeals for the Third Circuit · Feb 15, 2008

In coming to this conclusion, the Tax Court explained that the standard established in National Muffler had not been replaced by Chevron U.S.A., Inc. v. … We exercise plenary review over the Tax Court’s legal conclusions but will only set aside factual findings that are clearly erroneous. Capital Blue Cross v. C.I.R., 431 F.3d 117, 123-24 (3d Cir. 2005). B.

Operating Engineers Pension Trust, Operating Engineers Health and Welfare Fund, Operating Engineers Vacation-Holiday Savings Trust and Operating Engineers Training Trust, Plaintiffs-Counter v. Cecil Backhoe Service, Inc., Fred Cecil, and Cecil Construction Company, Defendants-Counter Claimants-Third Party v. International Union of Operating Engineers, Local Union No. 12 and Joseph Chaves, Third Party

795 F.2d 1501 · Court of Appeals for the Third Circuit · Aug 7, 1986

In order to qualify, Cecil signed another short form agreement with Local 12, this time on behalf of Cecil Backhoe Service, Inc. The short form agreement incorporated the 1980-83 MLA then in effect. … After reviewing the evidence, we conclude this finding is not clearly erroneous.

Northview Motors, Inc. v. Chrysler Motors Corporation Joseph P. Nigro, Trustee

227 F.3d 78 · Court of Appeals for the Third Circuit · Sep 8, 2000

Similarly, a manufacturer’s efforts to drive a dealer out of business can qualify as bad faith. See Junikki Imports, Inc. v. … Clearly, the first three of the required elements of an ADDCA claim have been met in this case.

Syed v. Hercules, Inc.

214 F.3d 155 · Court of Appeals for the Third Circuit · May 31, 2000

The letter went on to identify several jobs for which Syed would be qualified given his present physical condition. See App. at A7. … Although the WPCA does not provide a statutory remedy for the denial of benefits, its definition quite clearly encompasses the disability benefits Syed has sued to recover here. .

Georgevich v. Strauss

772 F.2d 1078 · Court of Appeals for the Third Circuit · Sep 30, 1985

Plaintiffs are merely seeking to have state court judges follow certain due process procedures, which some of the members of the class already voluntarily follow, and which state statutes clearly provide for other inmates … The court stated, "the purpose of mandamus is not to establish legal rights, but to enforce those rights already established beyond peradventure." Id. at 549, 470 A.2d at 190 . See also Francis v.

Miguel Angel Ulloa Santos v. Attorney General United States

552 F. App'x 197 · Court of Appeals for the Third Circuit · Jan 15, 2014

Accordingly, to qualify for asylum as a refugee, Ulloa must establish persecution “on account of” one of the five statutory grounds. See Gao v. Ashcroft, 299 F.3d 266, 272 (3d Cir. 2002). … But the BIA did not explicitly cite this theory, nor did it clearly articulate any basis for its no- nexus finding.

Consumer Party v. Davis

778 F.2d 140 · Court of Appeals for the Third Circuit · Nov 27, 1985

For example, to qualify any candidate for statewide office in 1984, a political body had to collect 49,000 signatures, while a political party needed only 500 signatures of its registered members to nominate candidates for … Perhaps a full hearing, and further research and briefing, will establish that the legislature did intend flexibility in its body/party scheme.

Brenda Evans, Lillian Richardson, Mary Woods, Wilbur R. Carr, Sr., Clifton A. Lewis, Jeanne Q. Lewis, Board of Public Education of the City of Wilmington (Intervening Plaintiff), the Urban Coalition of Metropolitan Wilmington Incorporated v. Madeline Buchanan, Robert H. McBride Elise Grossman, Joseph J. Crowley, William E. Spence, Clyde Bishop and Richard H. Farmer, Constituting All the Members of the State Board of Education of the State of Delaware, Delaware Association of School Boards, Intervening Alexis I. Dupont, Alfred I. Dupont, Appoquinimink, Claymont, Conrad, Marshallton-Mckean, Mt. Pleasant, New Castle-Gunning Bedford, Newark, and Stanton School Districts, Delawarr School District. Appeal of Alexis I. Dupont School District, in No. 77-2336. Appeal of Delaware State Board of Education and the Following School Districts, Alexis I. Dupont School District, Alfred I. Dupont School District, Claymont School District, Conrad Area School District, New Castle-Gunning Bedford School District, Marshallton-Mckean School District, Newark School District, Mount Pleasant School District and Stanton School District, in No. 77-2337. Appeal of Claymont School District and Stanton School District, in No. 78-1143. Appeal of New Castle-Gunning Bedford School District, in No. 78-1144. Appeal of Delaware State Board of Education, in No. 78-1145. Appeal of Alfred I. Dupont School District, Alexis I. Dupont School District, Conrad School District and Mount Pleasant School District, in No. 78-1146. Appeal of Newark School District, in No. 78-1147. Appeal of Marshallton-Mckean School District, in No. 78-1148. State of Delaware, in No. 78-1743. v. The Honorable Murray M. Schwartz, United States District Judge for the District of Delaware

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." … However, in its latest opinion, the district court has clearly explained that "(t)he constitutionality of S.B. 457 was not reached," June 22 Opinion at ---- n.1, and that the court's "conclusion" in its May 5 opinion and