Case law

Robert Adger v. Robert Coupe

Court of Appeals for the Third Circuit · Mar 14, 2022

Rule 8 clearly applies in this case. And where plaintiffs are unaware of the identities of relevant actors, we have permitted the naming of fictitious defendants “until the identities can be learned through discovery.” … We express no opinion as to whether there are appropriate bases for dismissal for some of the plaintiffs’ remaining claims, including under Rule 12(b)(6) or on the basis of qualified immunity.

Xu Hang Zhang v. Attorney General of the United States

389 F. App'x 158 · Court of Appeals for the Third Circuit · Jul 22, 2010

Following this approach, a Chinese alien with two or more children (whether born in the United States or elsewhere) may qualify as a refugee if the evidence presented establishes: (1) that the births violate local family … Dec. 196, 197-98 (BIA 2007) (concluding that “an alien who has established that he or she has had two children in China may qualify as a refugee if the evidence presented establishes, on a case-by-case basis, that the births

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.

Merchant & Evans, Inc. v. Roosevelt Building Products Company, Inc., Roosevelt Building Products Company, Inc., Counter-Claimant v. Merchant & Evans, Inc., Counter-Defendant

963 F.2d 628 · Court of Appeals for the Third Circuit · Jun 5, 1992

Thus, the plaintiff establishes the requisite similarities between the two marks. 40 774 F.Supp. at 1479 . … As this court held in Country Floors, 930 F.2d at 1065 , when a newcomer moves into a territory of an established concern and uses a name or mark similar in some respect to that used by the established concern, "the 'likelihood

Walling v. Brady

125 F.3d 114 · Court of Appeals for the Third Circuit · Jul 30, 1997

The class members consist of Pension Fund members who do not also participate in the Welfare Fund; they retired without fulfilling sufficient years of service to qualify for Welfare Fund benefits. … ERISA clearly states, in pertinent part: _________________________________________________________________ 1. See, e.g., Fagan v. National Stabilization Agreement of Sheet Metal Indus.

Humberta Campos v. Attorney General United States

503 F. App'x 138 · Court of Appeals for the Third Circuit · Nov 5, 2012

The BIA held that Campos had failed to “establish[] that removal would result in exceptional and extremely unusual hardship” to a qualifying relative—in this case, her children—which is one of the four required showings … Moreover, Campos offers no reason to believe that the BIA disregarded her proffer without inspection or evaluation, and it clearly did not.

United States v. White

58 F. App'x 906 · Court of Appeals for the Third Circuit · Jan 24, 2003

Section 3E1.1(a) provides for a two-level reduction in the defendant’s offense level "[i]f the defendant clearly demonstrates acceptance of responsibility for his offense." … The defendant bears the burden of establishing by a preponderance of the evidence that he is entitled to a sentence reduction. United States v. Muhammad, 146 F.3d 161, 167 (3d Cir. 1998).

Cong Cun v. Atty Gen USA

Court of Appeals for the Third Circuit · Aug 1, 2011

Cun next claims that the BIA improperly relied on a sentencing factor, 21 U.S.C. § 841(b), to establish his removability. … Cun’s conviction pursuant to 21 U.S.C. § 841(a)(1) clearly qualifies.

United States v. One Toshiba Color Television

213 F.3d 147 · Court of Appeals for the Third Circuit · May 24, 2000

For due process purposes, therefore, the attempted notice was clearly inadequate. … We also note that McGlory’s delay vis-á-vis attacking the judgment (as opposed to inquiring into the disposition of his property, an issue that is not before us) was clearly not unreasonable.

United States v. Juan Crespo

Court of Appeals for the Third Circuit · Jul 17, 2024

And here, the District Court correctly determined that Estevez’s testimony about the assault qualified as intrinsic evidence because the assault occurred within the “temporal parameters” of the charged crime, United States … It is well-established that “a conviction obtained through use of false evidence, known to be such by representatives of the State, must fall under the Fourteenth Amendment.”

Wilson v. Beard

426 F.3d 653 · Court of Appeals for the Third Circuit · Oct 13, 2005

In the tape, McMahon makes a number of highly inflammatory comments implying that he regularly seeks to keep qualified African-Americans from serving on juries. … circumstances concerning the prosecutor's use of peremptory challenges creates a prima facie case of discrimination against black jurors. 73 Batson, 476 U.S. at 96-97 , 106 S.Ct. 1712 . 74 The District Court found that Wilson had established

Cooper Distributing Co., Inc., a New Jersey Corporation, in 94-5570 v. Amana Refrigeration, Inc., a Delaware Corporation

63 F.3d 262 · Court of Appeals for the Third Circuit · Sep 28, 1995

To qualify, however, the goodwill in question must be useful for the alleged franchisee only in the context of its relationship with the alleged franchisor. … On the contrary, the record shows that Cooper possessed assets that would clearly be useful outside the Amana context.

The Pitt News v. Atty Gen PA

379 F.3d 96 · Court of Appeals for the Third Circuit · Jul 29, 2004

persuade establishments with liquor During testimony in this case, a representative of the LCB, Faith S. … Although the 498 clearly restricts speech.

Peoples v. Discover Financial Servsices, Inc.

387 F. App'x 179 · Court of Appeals for the Third Circuit · Jul 19, 2010

The Rehabilitation Act Claim Section 504 of the Rehabilitation Act provides that “[n]o otherwise qualified individual with a disability in the United States ... shall, solely by reason of his or her disability, … The Breach of Contract Claim To establish a breach of contract claim in Pennsylvania, a plaintiff “must establish ‘(1) the existence of a contract, including its essential terms, (2) a breach of a duty imposed

Simpson v. Kay Jewelers

Court of Appeals for the Third Circuit · Apr 24, 1998

Bray, however, is clearly distinguishable. … Under McDonnell Douglas the plaintiff must, as an initial matter, establish: "(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii)

UNITED STATES of America v. James J. ZWICK, Appellant

199 F.3d 672 · Court of Appeals for the Third Circuit · Dec 15, 1999

The Fosnight project was clearly a significant transaction within the intended reach of the statute. … Note 6 (“For example, to qualify under subsection (b)(2), the defendant must have notified authorities of his intention to enter a plea of guilty at a sufficiently early point in the process.... ”); United States v.

Sacko v. Atty Gen USA

86 F. App'x 548 · Court of Appeals for the Third Circuit · Feb 11, 2004

We need not reach the issue of whether a BIA member’s decision to streamline is reviewable because the BIA’s decision to streamline here was clearly not an abuse of discretion. … To qualify for withholding of removal, Sacko must show that there is a “clear probability” that if returned to her native country, she will be persecuted on the basis of a specified ground. See Zubeda v.

Equal Employment Opportunity Commission v. North Hills Passavant Hospital

544 F.2d 664 · Court of Appeals for the Third Circuit · Nov 22, 1976

The complaint alleged that North Hills has engaged in unlawful employment practices including: (a) refusing to hire qualified applicants for employment on account of race, and (b) maintaining a policy and practice of job … In short, the undisputed facts of this case fail to establish a lack of diligence or inexcusable delay on the part of the EEOC, and fail to establish any prejudice to North Hills from the passage of time.

New Jersey Payphone Association, Inc, a Not for Profit Corporation Organized Under the Laws of New Jersey v. Town of West New York

299 F.3d 235 · Court of Appeals for the Third Circuit · Jul 26, 2002

. § 276 (directing the FCC to establish rules to promote competition among payphone service providers.) … A bidding competition where the winner is determined by willingness to share a monopoly profit with the Town is clearly not the kind of competition intended by the TCA.

Rong Lian v. Attorney General

228 F. App'x 188 · Court of Appeals for the Third Circuit · Apr 16, 2007

Until the BIA has clarified why it established spousal eligibility in the first instance, we cannot know.”). 8 The Ninth and Seventh Circuits have clearly held that spouses married in a traditional ceremony because … Therefore, as this Court has held countless times before, “[a]n applicant who does not qualify for asylum does not qualify for withholding of removal.” Obale v. Attorney General, 453 F.3d 151, 161 (3d Cir. 2006).