Case law

Robert S. v. Stetson School, Inc.

256 F.3d 159 · Court of Appeals for the Third Circuit · Jul 3, 2001

In light of Rendell-Baker, it is appar ent that many of the factors upon which Robert relies here ar e insufficient to establish state action. … S 6351(a)(2)(iii), but also to "[a]ny individual resident within or without [the] Commonwealth" who is found to be qualified or to a qualified "private organization." 42 PA. CONS. STAT. ANN.

United States v. Kenneth Moreland

Court of Appeals for the Third Circuit · Sep 6, 2024

Taylor, 596 U.S. 845, 852 (2022) (holding that attempted Hobbs Act robbery does not qualify as a “crime 2 of violence” under § 924(c)). … If Moreland establishes all three elements, we may exercise our discretion to award relief only if the error “seriously affect[ed] the fairness, integrity[,] or public reputation of judicial proceedings.” Id.

Vineland Fireworks Co. v. Bureau of Alcohol, Tobacco, Firearms & Explosives

544 F.3d 509 · Court of Appeals for the Third Circuit · Oct 10, 2008

and set aside agency action, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity … Thus, it clearly does not limit the Director's review to an "arbitrary and capricious" standard. See id. [11] To the extent that Vineland argues that our decision in Kowalchick v.

United States v. Nicodemo Scarfo

41 F.4th 136 · Court of Appeals for the Third Circuit · Jul 15, 2022

Pelullo has not established any error based on the government’s use of filter teams. IV. … All 12 of you have to agree on at least two predicate or qualifying acts as to any individual defendant.

Construction Drilling, Inc. v. Chusid

131 F. App'x 366 · Court of Appeals for the Third Circuit · May 11, 2005

In the instant case, the New Jersey Court’s denial of the motion to stay terminated all litigation on the docket for the New Jersey action thus qualifying the denial of this unorthodox 60(b) motion as an appealable final … Because Chusid has not established a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact, there is no reason to find that the New Jersey Court abused its discretion by

DiFederico v. Rolm Co.

201 F.3d 200 · Court of Appeals for the Third Circuit · Jan 14, 2000

The district court granted Defendant partial summary judgment, ruling that the short-term plan was not a qualified plan under ERISA and dismissing all claims arising out of that plan. See DiFederico v. Rolm Co., No. … Plaintiff complains that the district court's findings number 18, 23, 27, 28, 30, 31, 38, 42, and 44 are clearly erroneous.

Fed. Sec. L. Rep. P 91,667 Gearhart Industries, Inc., Cross v. Smith International, Inc., a Delaware Corporation, Third Party Cross v. Texas American/fort Worth N.A., Trustee, Third Party Defendants

741 F.2d 707 · Court of Appeals for the Third Circuit · Aug 31, 1984

The district court's findings of fact must be upheld unless they are clearly erroneous. Id. Its conclusions of law, however, are subject to broad review and will be reversed if incorrect. … Smith's tender offer clearly qualifies as a triggering event, as Gearhart doubtless meant it to do.

United States v. Holguin

263 F. App'x 219 · Court of Appeals for the Third Circuit · Jan 30, 2008

The safety valve provisions were enacted to provide relief to individuals playing 1 “The safety valve provisions establish that a defendant shall be sentenced pursuant to the sentencing guidelines without … court that the defendant has complied with this requirement. 18 U.S.C. § 3553(f). 3 minor roles in drug trafficking conspiracies, who lacked the detailed knowledge to qualify

United States v. Herbert L. Bendolph, at No. 01-2468 United States of America v. Julio Otero, at No. 02-2624

409 F.3d 155 · Court of Appeals for the Third Circuit · May 16, 2005

The appointment of counsel is clearly mandatory for an indigent petitioner. See United States v. … R.Civ.P. 8(c) does not bar sua sponte consideration of the AEDPA’s statute of limitations provision, we follow a long line of precedent establishing the authority of courts to raise non-jurisdictional defenses sua sponte

In Re Linerboard

Court of Appeals for the Third Circuit · Sep 5, 2002

Clearly, if proof of the essential elements of the cause of action require individual treatment, then there cannot be a predominance of "questions of law and fact common to the members of the class." … inaction in the face of such awareness qualifies as "due diligence;" (3) that Garrett Paper’s asserted small size excuses its inaction; (4) that none of the other named Appellees knew or had reason to know about the alleged

Temple University v. John F. White, Jr., Eileen M. Schoen, David S. Feinberg, David D. Ulsh, G. June Hoch, Albert Einstein Medical Center, Allegheny General Hospital, Children's Hospital of Pittsburgh, Episcopal Hospital, Giuffre Medical Center, Magee-Womens Hospital, Mercy Catholic Medical Center-Misericordia Division, Mercy Hospital of Pittsburgh, Montefiore Hospital Association of Western Pennsylvania, Inc., Presbyterian University Hospital of Pittsburgh, St. Christopher's Hospital for Children, St. Joseph's Hospital, St. Mary Hospital, Western Pennsylvania Hospital, Germantown Hospital and Medical Center v. White, John F., Jr., as Secretary of Public Welfare, Hershock, Michael H., as Secretary of the Budget John F. White, Jr. And Michael H. Hershock, Frankford Hospital v. White, Jr., John F., Secretary of Public Welfare, Schoen, Eileen M., Deputy Secretary for Medical Assistance Programs, Feinberg, David S., Director of the Bureau of Policy and Program Development of the Office of Medical Assistance Programs, Ulsh, David D., Acting Director of the Division of Inpatient Programs of the Office of Medical Assistance Programs, and Hershock, Michael H., Secretary of the Budget John F. White, Jr., Eileen M. Schoen, David S. Feinberg, David D. Ulsh and Michael H. Hershock, Hahnemann University Hospital and Presbyterian Medical Center of Philadelphia, and the Trustees of University of Pennsylvania v. White, John F., Jr., Secretary of Public Welfare, Schoen, Eileen M., Deputy Secretary for Medical Assistance, Feinberg, David S., Director of the Bureau of Policy and Program Development of the Office of Medical Assistance, and Ulsh, David D., Acting Director of the Division of Inpatient Programs of the Office of Medical Assistance and Hershock, Michael H., Secretary of the Budget John F. White, Jr., Eileen M. Schoen, David S. Feinberg, David D. Ulsh, and Michael H. Hershock, Hospital Association of Pennsylvania, Allegheny Valley Hospital, the Allentown Hospital, Allentown Osteopathic Medical Center, J.C. Blair Memorial Hospital, Braddock General Hospital, Bradford Hospital, Brandywine Hospital, Butler Memorial Hospital, Carbondale General Hospital, Central Medical Center and Hospital Chambersburg Hospital, Chester County Hospital, Chestnut Hill Hospital, the Children's Hospital of Philadelphia, Charles Cole Memorial Hospital, Clarion Osteopathic Community Hospital, Clearfield Hospital, Community General Osteopathic Hospital, Community Medical Center, Conemaugh Valley Memorial Hospital, Divine Providence Hospital, Divine Providence Hospital of Pittsburgh, Doylestown Hospital, Dubois Regional Medical Center, Ephrata Community Hospital, Eye & Ear Hospital of Pittsburgh, Forbes Metropolitan Health Center, Forbes Regional Health Center, Franklin Regional Medical Center, Frick Community Health Center, Geisinger Medical Center, Geisinger Wyoming Valley Medical Center, the Germantown Hospital and Medical Center Gettysburg Hospital, Gnaden Huetten Memorial Hospital, Good Samaritan Hospital, Greene County Memorial Hospital, Hamot Medical Center, Hanover General Hospital, Harrisburg Hospital, Highlands Hospital and Health Center, Indiana Hospital, Hameson Memorial Hospital, Jeannette District Memorial Hospital, Jefferson Hospital, Andrew Kaul Memorial Hospital, Kensington Hospital, Lancaster General Hospital, Lankenau Hospital, Lee Hospital, Lehigh Valley Hospital Center, McKeesport Hospital, Meadville Medical Center, the Medical Center, Beaver, Pa., Inc., Medical College of Pennsylvania, Memorial Hospital, Memorial Hospital of Bedford, Mercy Catholic Medical Center, Fitzgerald Mercy Division, Mercy Hospital, Altoona, Methodist Hospital, Millcreek Community Hospital, Monongahela Valley Hospital, Muhlenburg Hospital Center, Northeastern Hospital of Philadelphia, North Penn Hospital, Osteopathic Medical Center of Philadelphia, Pennsylvania Hospital, Phoenixville Hospital, Pottstown Memorial Medical Center, Pottsville Hospital and Warne Clinic, Punxsutawney Area Hospital, the Penn State Hospital/the Milton S. Hershey Medical Center, Quakertown Community Hospital, Reading Hospital and Medical Center, Roxborough Memorial Hospital, St. Agnes Medical Center, St. Francis Medical Center, St. Joseph's Hospital, Carbondale, St. Joseph Hospital, Lancaster, Sacred Heart Hospital, Sewickley Valley Hospital, Shadyside Hospital, Sharon General Hospital, Southern Chester County Medical Center, Suburban General Hospital, Sunbury Community Hospital, Taylor Hospital, Tyler Memorial Hospital, Tyrone Hospital, Westmoreland Hospital Association, Wilkes-Barre General Hospital, the Williamsport Hospital & Medical Center, and York Hospital and Greenville Regional Hospital, Altoona Hospital, Bloomsburg Hospital, Brownsville Hospital, Bryn Mawr Hospital, Canonsburg Hospital, Carlisle Hospital, Citizens General, Community General Hospital, Reading, Community Hospital of Lancaster, Crozer-Chester Hospital, Delaware County Memorial Hospital, Easton Hospital, Ellwood Hospital, Grand View Hospital, Jeanes Hospital, Jersey Shore Hospital, J.F. Kennedy Hospital, Lower Bucks Hospital, Metro Health Hospital, Metropolitan Hospital, Central, Metropolitan Hospital, Parkview, Metropolitan Hospital, Springfield, Montgomery Hospital, Paoli Hospital, Pocono Hospital, Sacred Heart Hospital, Chester, Saint John's Hospital, Hazelton-Saint Joseph's Medical Center, Saint Joseph Hospital, Reading, Saint Luke's Hospital, Saint Margaret Memorial Hospital, Saint Vincent's Hospital, Suburban Hospital, Titusville Hospital, Uniontown Hospital, Washington Hospital and the Wayne County Memorial Hospital. v. White, John F., Jr., as Secretary of Public Welfare, Department of Public Welfare, Commonwealth of Pennsylvania, Hershock, Michael H., in His Official Capacity Only as Secretary of the Budget, Department of the Budget, Commonwealth of Pennsylvania, Franklin, Carolyn, in Her Official Capacity Only as Western Regional Representative of Public Welfare, Department of Public Welfare, Commonwealth of Pennsylvania, Hughes, Patricia, in Her Official Capacity Only as Southeastern Regional Representative of Public Welfare, Department of Public Welfare, Commonwealth of Pennsylvania John F. White, Jr., Carolyn Franklin, Patricia Hughes and Michael H. Hershock, (Two Cases) Temple University v. John F. White, Jr., Eileen M. Schoen, David S. Feinberg, David D. Ulsh, G. June Hoch

941 F.2d 201 · Court of Appeals for the Third Circuit · Sep 23, 1991

medical assistance have reasonable access (taking into account geographic location and reasonable travel time) to inpatient hospital services of adequate quality[.] 10 42 U.S.C.A. § 1396a(a)(13)(A) (emphasis added). 11 To qualify … As to the inadequacy of legal remedies, the Eleventh Amendment bar to an award of retroactive damages against the Commonwealth, see Temple, 732 F.Supp. at 1327-28 , clearly establishes that any legal remedy is unavailable

Johnson v. Elk Lake Sch Dist

Court of Appeals for the Third Circuit · Mar 1, 2002

Moreover, even if we thought that it did, this conversation would still fail to establish S 1983 liability on the part of the Administration because LaFrance, as a guidance counselor, does not qualify as the type of policy-making … The "for the purpose of " language of the indecent assault statute clearly establishes that the conduct underlying an offense must have been intentional. 15.

United States v. Willie Tyler, A/K/A "Little Man" Willie Tyler

281 F.3d 84 · Court of Appeals for the Third Circuit · Feb 11, 2002

Arnold had established a limited exception to the offense-specific rule where two prosecutions are "closely related.” … Wright, 497 U.S. 805 , 110 S.Ct. 3139 , 111 L.Ed.2d 638 (1990), re-established that the government must demonstrate unavailability in such circumstances.

Jeffrey Bello v. Edgewater Park Sewerage Author

677 F. App'x 36 · Court of Appeals for the Third Circuit · Feb 14, 2017

P. 12(b), concluding that it was immune from suit and that Bello failed to state a viable constitutional challenge to the Sewerage Authorities Law. … Based on, among other things, Bello’s failure to support his motion with evidence or challenge on appeal the District Court’s findings of fact2 (let alone show that any finding is clearly erroneous), we conclude that the

United States v. Al Hedaithy

Court of Appeals for the Third Circuit · Dec 16, 2004

The question addressed by the Supreme Court was whether the Louisiana video poker license qualified as “property” within the scope of § 1341. … Such deprivation was clearly set forth in the superseding indictments.

United States v. Richard Balter, No. 94-5593. United States of America v. Kenneth Cutler, No. 94-5625. United States of America v. Chris Oscar Dejesus, No. 94-5626

91 F.3d 427 · Court of Appeals for the Third Circuit · Aug 16, 1996

The court ruled that the prejudicial effect of this statement on co-defendant Garcia outweighed the probative value for Balter to establish fear. … Moreover, the Department of Justice has since promulgated a regulation formally establishing the policy identified in the original memorandum.

State Farm Mutual Automobile Insurance Company, an Illinois Corporation v. Edmond Blystra Barbara Blystra, Individually and as Parent and Natural Guardian of Kevin Blystra, a Minor, and Third-Party v. Farmers Insurance Company of Arizona, Third-Party

86 F.3d 1007 · Court of Appeals for the Third Circuit · Jun 18, 1996

In our view, this statement establishes Kevin neither intended nor expected to be shot. … Clearly, such use falls within Britt 's "normal use" requirement.

QVC, Inc. v. Ourhouseworks, LLC

649 F. App'x 223 · Court of Appeals for the Third Circuit · May 6, 2016

Under Illinois law, the unjust enrichment of a parent corporation qualifies as a “plus” factor. … While EnvirOx appears to dispute some of these findings, it has not established that they were clearly erroneous. See Berg Chilling Sys. v.

Joy Denby-Peterson v.

941 F.3d 115 · Court of Appeals for the Third Circuit · Oct 28, 2019

It is well- established that one of the automatic stay’s primary purposes is “‘to maintain the status quo between the debtor and [his] creditors, thereby affording the parties and the [Bankruptcy] Court an opportunity to … In sum, the plain language of the automatic stay provision in Section 362(a)(3) and the automatic stay’s legislative purpose indicate that Congress did not intend passive retention to qualify as “an act to . . . exercise

Christ's Bride Ministries, Inc. v. Southeastern Pennsylvania Transportation Authority Transportation Display's Inc

148 F.3d 242 · Court of Appeals for the Third Circuit · Jun 25, 1998

It clearly does not constitute a “traditional” public forum, archetypal examples of which include streets and parks. … Thus, the nature of the forum suggests, but by no means establishes, see Lehman v.