Case law

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.

Marinescu v. Attorney General

284 F. App'x 889 · Court of Appeals for the Third Circuit · Jun 26, 2008

Moreover, the Judge concluded that Marinescu met his burden of proof to establish a clear probability that he will be persecuted if returned to Romania. … The terms and qualifiers expressed by the Board result in subtle but significant differences from the findings of the Immigration Judge.

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).

Andre Colella v. State Farm Fire & Casualty Co.

407 F. App'x 616 · Court of Appeals for the Third Circuit · Jan 20, 2011

State Farm argues that the distinction between the two clauses is that the State Farm policy qualifies coverage by excluding any loss resulting from subsurface water, regardless of the cause. … Further, because State Farm had a reasonable basis for denying the Colellas’ claim, the Colellas could not establish the elements of the cause of action. III.

McSPARRAN v. WEIST

402 F.2d 867 · Court of Appeals for the Third Circuit · Oct 24, 1968

The focus of he rule is on capacity to sue, and it does not purport to establish standards for the determination of diversity of citizenship. … Sunburst Oil & Refining Co., 287 U.S. 358 , 53 S.Ct. 145 , 77 L.Ed. 360 (1936)), and recently has restricted to prospective application some of its decisions on questions of constitutional law, an area long considered as much immune

Kurz v. Philadelphia Electric Co.

96 F.3d 1544 · Court of Appeals for the Third Circuit · Oct 1, 1996

Op. at 25 ("[t]he class action complaint clearly sounds in concealment"). We disagree. … We have never clearly defined "extraordinary circumstances," relying instead on case law to establish its parameters. Id. A review of our precedents indicates that extraordinary circumstances do not exist in this case.

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

Bhageeratharan v. Attorney General of the United States

384 F. App'x 124 · Court of Appeals for the Third Circuit · Jun 17, 2010

Initial Application An alien may qualify for asylum if he or she can demonstrate past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular … Ashcroft, 353 F.3d 228, 257 (3d Cir. 2003), but we have found that they may serve as the basis for an adverse credibility determination when the applicant clearly understood the questions posed and her answers went to the

United States v. James Perrin

Court of Appeals for the Third Circuit · Aug 25, 2025

9 prove the unlawful interception violated “those statutory requirements that directly and substantially implement the congressional intention to limit the use of intercept procedures to those situations clearly … addressing ineffectiveness claim where District Court held a hearing to assess counsel’s representation of defendant in entering guilty plea). 26 insufficient to prove that Patsy’s shooting qualifies

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.

United States v. Rakahn Burton

404 F. App'x 617 · Court of Appeals for the Third Circuit · Dec 17, 2010

Singleton, 439 F.2d 381, 384 (3d Cir. 1971) (probable cause may be established by verifying the tip of a previously reliable informant). … “It is well established that experts may describe, in general and factual terms, the common practices of drug dealers.” United States v. Watson, 260 F.3d 301, 309 (3d Cir. 2001).

United States v. Galo

Court of Appeals for the Third Circuit · Feb 6, 2001

Watkins argued that the prosecution's reliance upon documentary evidence to establish that his prior state convictions qualified as enhancements under S 924(e) failed to meet the government's burden of pr oof at sentencing … I do not believe that the majority would dispute that "indecent contact" qualifies as "sexual exploitation."

Beazer East, Inc. v. Mead Corp.

412 F.3d 429 · Court of Appeals for the Third Circuit · Jun 23, 2005

The Third Circuit has established an Appellate Mediation Program to implement this general directive. Local Appellate Rule 33.0. The program is subject to the rules and procedures provided in the Local Appellate Rules. … equitable shares of response costs on a percentage basis, see 42 U.S.C. § 9613(f)(1), and a separate proceeding (conducted by the District Court) to determine which of 19 Beazer’s actual costs qualify

In the Matter of Penn Central Transportation Company. Appeal of United States of America

831 F.2d 1221 · Court of Appeals for the Third Circuit · Oct 22, 1987

But, Penn Central has no authority to extend the proposition that all section 215 funds, even if not expended pursuant to the contracts, need not be reimbursed if the expenditures would have qualified as section 215 projects … Clearly, Penn Central cannot, with full knowledge of the facts, accept the benefits of the section 215 contracts and then, under the guise of the doctrine of equitable estoppel, attempt to take an inconsistent position to

Theresa Schall, on Behalf of Herself and All Others Similarly Situated v. John P. Joyce, Prothonotary of Allegheny County, Pennsylvania, in His Official Capacity, Eugene Coon, Sheriff of Allegheny County, Pennsylvania, in His Official Capacity, and National Builders and Acceptance Corporation v. Chief Justice Robert N.C. Nix, and Justices of the Supreme Court of Pennsylvania, Rolf Larsen, John P. Flaherty, James T. McDermott Stephen A. Zappala, Nicholas P. Papadakos, Juanita Kidd Stout, and Nancy Sobolevitch, Administrator of the Supreme Court of Pennsylvania, and Charles Starrett, Administrator of the Common Pleas Court of Allegheny Co., Pa., Third Party

885 F.2d 101 · Court of Appeals for the Third Circuit · Nov 24, 1989

It has been established at least since Home Telephone & Telegraph Co. v. … The state court is no better qualified to adjudicate these issues than the federal court.

United States v. Hinton

57 F. App'x 55 · Court of Appeals for the Third Circuit · Jan 3, 2003

Whether a defendant has "accepted responsibility" warranting a downward adjustment under 3E1.1 is a factual issue subject to a clearly erroneous standard of review. United States v. … Under 3E1.1, a defendant qualifies for an acceptance of responsibility reduction in his offense level for certain behavior, including "truthfully admitting the conduct comprising the offense(s) of conviction[.]"

Crivoseia v. Atty Gen USA

104 F. App'x 237 · Court of Appeals for the Third Circuit · Jul 13, 2004

The applicant’s own testimony may be sufficient to establish eligibility for asylum, as long as the testimony is credible. See 8 C.F.R. § 208.13(a). … “In order to qualify for withholding of removal, an applicant must show a ‘clear probability’ that his or her life or freedom would be threatened if s/he is deported.” Mulanga v.

Joseph Egan v. Delaware River Port Authority

851 F.3d 263 · Court of Appeals for the Third Circuit · Mar 21, 2017

Likewise, the Treasury Department is in a good position to say whether certain revenue qualifies as “reserve strengthening.” Atl. Mut. Ins. Co. v. C.I.R., 523 U.S. 382, 389-91 (1998). … Ct. at 2534 (emphasizing that the prohibition in Title VII against retaliation when an impermissible characteristic was a “motivating factor” clearly permitted a mixed- motive instruction).

United States v. Corso

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

These failures were clearly error. Cf. … But we believe that the District Court should have qualified its post- sentencing remarks, ideally by explaining to Corso that his appellate waiver, if valid, curtailed his ability to appeal issues within its scope.

Yi Xin Dong v. Gonzales

152 F. App'x 155 · Court of Appeals for the Third Circuit · Oct 20, 2005

The IJ found that, although there was sufficient evidence in the record to establish that the Chinese government persecutes practitioners of Falun Gong, Dong had not established that he was or had ever been a member of … Second, the IJ clearly explained the reasons for her determination.