Case law

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

Diptiben Patel v. Attorney General United States of America

Court of Appeals for the Third Circuit · Jul 22, 2025

To qualify for asylum, an alien must establish that she is a “refugee,” 8 U.S.C. § 1158(b)(1)(A), meaning she is “unable or unwilling to return to . . . … In the context of the beatings, the threats were clearly concrete and menacing.

American Disabled for Attendant Programs Today v. United States Department of Housing & Urban Development

170 F.3d 381 · Court of Appeals for the Third Circuit · Mar 5, 1999

The APA establishes a framework that permits courts to review agency actions. It waives federal sovereign immunity in certain circumstances to allow equitable relief from agency action or inaction. See 5 U.S.C. S 702. … This remedy is clearly "adequate" in the section 704 sense, and so judicial review is inappropriate on all counts.

El Aemer El Mujaddid v. Lynn Wehling

Court of Appeals for the Third Circuit · Oct 12, 2016

Accordingly, the prosecutor appellees were clearly entitled to immunity. … Mujaddid did not establish that he was unaware of the factual basis for this claim – O’Neill’s alleged use of excessive force – or O’Neill’s identity until within two years of the filing of his complaint.

United States v. Fitzgerald

212 F. App'x 113 · Court of Appeals for the Third Circuit · Jan 9, 2007

contends that a twenty-year-old conviction for sexual assault is too remote in time and different in kind from the current 4 offense of distributing child pornography to qualify … The party challenging the sentence bears the burden of establishing its unreasonableness. Cooper, 437 F.3d at 332. We reject Fitzgerald’s contention that his sentence was unreasonable.

Ann E. Bibler, Admx. Of the Estate of Ralph Bibler, Deceased v. Berry H. Young, Jr., United States of America, and the Federal Aviation Administration, Third-Partyplaintiffs-Appellants v. Berry H. Young, Jr., Third-Party

492 F.2d 1351 · Court of Appeals for the Third Circuit · Feb 27, 1974

It was not equipped with an ADF radio Beacon Marker Indicator or any other electronic means of establishing position in relation to the outer marker. … Clearly the negligence we have described on Bibler's part was a proximate cause of the accident.

James Lear v. Phoenixville Police Department

Court of Appeals for the Third Circuit · May 18, 2018

Even assuming arguendo that the citation was an arrest, Heller’s account provided probable cause for arrest pursuant to that warrant was established”); see also In re Grand Jury Proceedings Harrisburg Grand Jury 79-1, … McGlory, 968 F.2d 309, 342 (3d Cir. 1992). 10 For this reason, we need not determine whether Hyland’s conduct in performing the search is shielded by qualified immunity. 6

United States v. Donald Korus

Court of Appeals for the Third Circuit · Nov 7, 2019

B 1 The District Court did not clearly err by finding Korus threatened Lamolly with a firearm before fighting began. … Ct. 1994) (“[A]ppellant’s allegation that [the defendant] pointed a gun at him and told him to ‘get the f*** out of here’ was sufficient to establish a prima facie case of making a terroristic threat.

De Wen Lui v. Attorney General of the United States

513 F. App'x 146 · Court of Appeals for the Third Circuit · Feb 1, 2013

On appeal, the BIA determined that the IJ’s adverse credibility finding was not clearly erroneous and agreed that Lui had provided insufficient corroboration for his claim. … Although Lui argues that the birth of his child did not qualify as a “late childbearing” under those regulations, see A.R. 424, the only regulations relevant to late childbearing provide that “citizens who practice late

United States v. Anthony Pungitore, Jr., in No. 89-1371. United States of America v. Joseph Grande. In No. 89-1372. United States of America v. Francis Iannarella, Jr., in No. 89-1393. United States of America v. Phillip Narducci. In No. 89-1395. United States of America v. Salvatore Scafidi. In No. 89-1396. United States of America v. Nicholas Virgilio. In No. 89-1397. United States of America v. Charles Iannece. In No. 89-1400. United States of America v. Salvatore Wayne Grande. In No. 89-1401. United States of America v. Joseph Pungitore. In No. 89-1402. United States of America v. Frank Narducci, Jr., in No. 89-1403. United States of America v. Ralph Staino, Jr., in No. 89-1404. United States of America v. Salvatore J. Merlino. In No. 89-1409. United States of America v. Nicodemo Scarfo. In No. 89-1446. United States of America v. Joseph Ciancaglini. In No. 89-1448

910 F.2d 1084 · Court of Appeals for the Third Circuit · Sep 10, 1990

First, as discussed above, section 1961(1)(A) clearly encompasses predicate conspiracies. … Although the court's explanation was somewhat cryptic, its decision was clearly correct.

Ugorji v. New Jersey Environmental Infrastructure Trust

529 F. App'x 145 · Court of Appeals for the Third Circuit · Jun 18, 2013

The statute creating the NJEIT states: ―[t]here is established in, but not of, the Department of Environmental Protection a body corporate and politic, with corporate succession, to be known as the [NJEIT].‖ N.J. … Ugorji did not clearly allege a hostile work environment claim, see Doe ex rel. Thomas v.

Sun Ray Drug Co. v. Harry R. Lea

401 F.2d 650 · Court of Appeals for the Third Circuit · Jan 20, 1969

The first paragraph of this brochure states that Steel is chartered by Illinois as a 'Capital Stock Fire Insurance Company.', and that 'All business written is produced by qualified agents or brokers.' … These lines are to be submitted to the Steel Insurance Company of America on a facultative basis with it clearly understood that all underwriting data should be in the hands of the Company within ten days from the assumption

United States v. Jerry Taylor

515 F. App'x 183 · Court of Appeals for the Third Circuit · Mar 19, 2013

Specifically, he contends that its factual finding that he was as culpable as Johnson was clearly erroneous. We disagree. … Because the District Court‟s factual finding was not clearly erroneous, we will affirm its calculation of Taylor‟s total offense level.4, 5 4 Taylor also argues that the District Court‟s finding was clearly

United States v. Felix Collazo

Court of Appeals for the Third Circuit · May 19, 2021

We next turn to Collazo’s key argument on the merits, that the “predicate offense for [his] Section 924(c) conviction was not clearly identified in the record,” and therefore, that we should conclude he did not commit Hobbs … Nor does [d]efendant contend that the facts underlying his Section 924(c) conviction—to which he admitted during his plea proceedings—fail to establish the predicate offense of bank robbery.

Michele Black v. County of Montgomery

835 F.3d 358 · Court of Appeals for the Third Circuit · Sep 16, 2016

Ashcroft v. al-Kidd, 563 U.S. 731, 735 (2011) (“An arrest, of course, qualifies as a ‘seizure’ of a ‘person’ . . . .”). … She spent more than an hour being fingerprinted and photographed at a police station — and she was clearly not free to leave. See Mendenhall, 446 U.S. at 554 (plurality).

Tenafly Eruv Ass'n v. Borough of Tenafly

309 F.3d 144 · Court of Appeals for the Third Circuit · Oct 24, 2002

Borough of Mahaffey, 35 F.3d 846, 849-50 (3d Cir. 1994) ("Applying such a burden test to non-neutral government actions would make petty harassment of religious institutions and exercise immune from the protection of the … Finally, where there are no societal benefits justifying a burden on religious freedom, "the public interest clearly favors the protection of constitutional rights." Council of Alternative Political Parties v.

Villot v. Varner

Court of Appeals for the Third Circuit · Jun 30, 2004

all certificate with respect to the conflict of appeals from criminal convictions . . . a interest claim, holding that this claim was litigant shall not be required to petition for clearly … Villot claims that his plea counsel pressured 10 This statement is qualified him to plead guilty so that counsel could because we cannot

Tai Kwan Cureton, et.al. v. NCAA

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

score required for qualifiers. … The Supreme Court expressed skepticism over whether those circumstances established the NCAA's state authority, but the Court clearly entertained the possibility that those circumstances established the NCAA's control of

In Re Joshua Slocum Ltd D/B/A Js Acquisition Corporation. Appeal of George Denney, Party in Interest

922 F.2d 1081 · Court of Appeals for the Third Circuit · Jan 28, 1991

However, the court’s authority to waive the strict enforcement of lease provisions in the context of shopping center cases like this one is further qualified by § 365(b)(3) of the Bankruptcy Code. 7 Even under the tightly … Central to the bankruptcy court’s view was the notion that unless the landlord establishes that a leasehold is in a “shopping center,” such a restrictive clause is only enforceable if the landlord is able to establish that