Case law

PJM Power Providers Group v. FERC

Court of Appeals for the Third Circuit · Jan 4, 2024

(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

Kaiser Industries Corp. v. Jones & Laughlin Steel Corp.

515 F.2d 964 · Court of Appeals for the Third Circuit · Apr 4, 1975

First, it ascertained that the claims of the patent do not properly measure the invention: [T]he avoidance of deep penetration is clearly the subject matter which applicants regarded as their invention, and yet the concept … The appellants cannot regain the phrase or qualify the effect of their acquiescence through the affidavits. Parke, Davis & Co. v. American Cyanamid Co., 207 F.2d 571, 574 (6th Cir. 1953).

Keenan v. City Of Philadelphia

983 F.2d 459 · Court of Appeals for the Third Circuit · Jan 21, 1993

In the light of his knowledge, Tucker's approval of the transfer requests establishes municipal liability. … Id. at 1191. 67 Some of the assertions made by plaintiffs' counsel clearly misread the process of documenting a fee petition.

William N. Clark v. Modern Group Ltd. John F. Smith

9 F.3d 321 · Court of Appeals for the Third Circuit · Dec 22, 1993

It held the discharge did not violate a clearly defined mandate of public policy. … The employee’s good intentions are not enough to create a cause of action for wrongful discharge, as Geary clearly demonstrates.

Scott v. Plante

532 F.2d 939 · Court of Appeals for the Third Circuit · Mar 29, 1976

The court established guidelines for review and stated the findings the court would require. … For these reasons, the pending cases captioned above are clearly frivolous and are accordingly dismissed pursuant to 28 U.S.C. § 1915 (d).

United States v. David Clouden

534 F. App'x 117 · Court of Appeals for the Third Circuit · Jul 31, 2013

The Federal Rules of Evidence limit lay witnesses to giving opinion testimony that is: “(a) rationally based on the witness’s perception; (b) helpful to clearly understanding the witness’s testimony or to determining a … Clouden] lacked the ability to identify her son’s signature simply because the FBI could not perform a comparison” and only experts were qualified to identify writings. (Gov’t Br. 33-34.)

Enterprise Energy Corp. v. United States

50 F.3d 233 · Court of Appeals for the Third Circuit · Mar 10, 1995

The settlement agreement established the terms of these contracts, including increasing the price TCO would pay to the class members. … The contract was clearly executory on TCO’s side when it filed for bankruptcy, a point both parties appear to accept.

Langbord v. United States Department of the Treasury

832 F.3d 170 · Court of Appeals for the Third Circuit · Aug 1, 2016

And here it clearly does — fitting the pattern of a quiet title action. See 28 U.S.C. § 2410 (a); 28 U.S.C. § 1655 ; cf. Hoelzer v. … Only the second and third elements are disputed and the Government’s admissible evidence in this case clearly established both. b The evidence at trial demonstrated overwhelmingly that no 1933 Double Eagle ever left the Mint

The Pitt News v. Michael Fisher

215 F.3d 354 · Court of Appeals for the Third Circuit · Jun 6, 2000

Enforcement of Act 199 clearly led The Pitt News' advertisers to cancel their contracts with the student newspaper. … this case. 11 Because we must balance the effect of the challenged statute on third parties against the importance of the prudential rule prohibiting third party standing, we therefore conclude that The Pitt News does not qualify

In Re: The Mall at the Galaxy Inc. v.

Court of Appeals for the Third Circuit · Aug 7, 2024

Also, because determinations about reasonably equivalent value are “more often than not . . . bound up in the bankruptcy court’s factual determinations,” we have explained that they are “largely immune from attack on appeal … Latoc's assertions do not render the Bankruptcy Court’s factual findings clearly erroneous.

Gelaneh v. Atty Gen USA

153 F. App'x 881 · Court of Appeals for the Third Circuit · Nov 14, 2005

Either amount would appear to be too substantial to qualify as “a very small quantity” as is required under the first Y-L- factor. … in establishing a clear probability of torture.

United States v. Moises Hernandez

378 F. App'x 145 · Court of Appeals for the Third Circuit · May 6, 2010

If Moises Hernandez enters a plea pursuant to this agreement and qualifies for a 2-point reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(a) and if in addition Moises Hernandez’ offense … “A defendant seeking a reduction for acceptance of responsibility bears the burden of establishing by a preponderance of the evidence that he or she is entitled to the reduction.” United States v.

Sammon v. New Jersey Board of Medical Examiners

66 F.3d 639 · Court of Appeals for the Third Circuit · Sep 15, 1995

The second and third Lujan factors are clearly present here. … an applicant is otherwise qualified.

Resolution Trust Corporation v. Forest Grove, Inc.

33 F.3d 284 · Court of Appeals for the Third Circuit · Aug 26, 1994

Isenhart's motion, and its finding of fact that she had knowingly and intelligently waived her due process rights was clearly erroneous. … We examine any factual findings the district court relies on to see whether they are clearly erroneous. See United States v.

PJM Power Providers Group v. FERC

Court of Appeals for the Third Circuit · Jan 24, 2024

(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

Pajollari v. Attorney General of the United States

293 F. App'x 875 · Court of Appeals for the Third Circuit · Sep 24, 2008

Instead, the petitioner must establish that the evidence not only supports a contrary conclusion, but compels it. Gao v. … To qualify for CAT relief, an alien must show that it is more likely than not that he/she would be tortured by the government of the proposed country of removal, or that the government would acquiesce in torture at the

Delaware River & Bay Authority v. Kopacz

584 F.3d 622 · Court of Appeals for the Third Circuit · Sep 25, 2009

Therefore, he clearly did not qualify for maintenance. … In my view, an award of maintenance under these circumstances clearly results in an impermissible double recovery for Mr. Kopacz.

Hubbard v. Pinchak

Court of Appeals for the Third Circuit · Aug 5, 2004

[The filed a Bill of Alibi Particulars placing him petitioner] clearly argued in Atlantic City at the moment of the that the government could crime, which … As it explained meritorious constitutional in Dretke: violation is not in itself sufficient to establish a [I]t is precisely because the miscarriage of

19 Employee Benefits Cas. 1441, Pens. Plan Guide P 23909g Robert B. Reich, Secretary of the United States Department of Labor v. Fred Compton, Joseph McHugh John Nielsen, Frederick Hammerschmidt, Gersil N. Kay, Electrical Mechanics Association, the Fidelity-Philadelphia Trust Company, and the International Brotherhood of Electrical Workers, Local Union No. 98

57 F.3d 270 · Court of Appeals for the Third Circuit · Sep 8, 1995

By balancing the interests of each plan, they may be able to construct terms which are fair and equitable for both plans; if so, they may qualify for a section 408 exemption. … However, Fidelity clearly had, at the least, "authority respecting the management" of the Plan's assets.

Shenango Incorporated v. Apfel

307 F.3d 174 · Court of Appeals for the Third Circuit · Sep 24, 2002

THE COMMISSIONER'S ORIGINAL ASSIGNMENTS 23 The Companies were collectively assigned responsibility for premiums for approximately 70 miners and qualifying dependents pursuant to the third tier of the assignment scheme. 26 … There, the Court of Appeals for the Sixth Circuit held that the plain language of the statute, the statutory scheme for assigning beneficiaries and the legislative history all demonstrate that "the intent of Congress is clearly