Case law

United States v. Garcia-Moreno

214 F. App'x 134 · Court of Appeals for the Third Circuit · Jan 16, 2007

In this case, the District Court concluded that appellant’s co-conspirator, Franco- Garcia, qualified for a two-level minor role reduction, but denied appellant a similar reduction. … vocational training, medical care, or other correctional treatment in the most effective manner; (3) the kinds of sentences available; (4) the kinds of sentences and the sentencing range established

United States v. Bruce Edward Fitzger

Court of Appeals for the Third Circuit · May 19, 2009

To establish that Fitzgerald committed this uncharged felony,1 the government was not 1 Although Pennsylvania considers a violation of 18 Pa. Cons. Stat. … Ann. § 1104(2), and therefore qualifies as “another felony offense” within the meaning of Guidelines § 2K2.1(b)(6).

Hare v. H&R Industries, Inc.

67 F. App'x 114 · Court of Appeals for the Third Circuit · May 22, 2003

And Hare’s “termination clearly establishes the second prong” of her retaliation claim. Farrell v. Planters Lifesavers Co., 206 F.3d 271, 279 n.4 (3d Cir. 2000). … See Woodson, 109 F.3d at 920 (“Our cases have established that temporal proximity between the protected activity and the termination is sufficient to establish a causal link.”).

Sylvester Ekwunife v. City of Philadelphia

Court of Appeals for the Third Circuit · Dec 7, 2018

Thus, a plaintiff “must identify a custom or policy, and specify what exactly that custom or policy was” in order to establish municipal liability. See McTernan v. City of York, PA, 564 F.3d 636, 658 (3d Cir. 2009). … Additionally, minor typographic errors in Ekwunife’s arrest warrant do not indicate that the warrant was invalid, where Ekwunife’s identity was clearly identified by his name, address, age, and social security number.

Henry Washington v. James Grace

445 F. App'x 611 · Court of Appeals for the Third Circuit · Sep 27, 2011

We have held that an inadequately heated cell does not present ―the extreme type of conditions required to establish an Eighth Amendment violation.‖ United States ex rel. Tyrrell v. … Ct. 1651, 1660, 1663 (2011) (concluding that ―States, in accepting federal funding, do not consent to waive their sovereign immunity to private suits for money damages under RLUIPA‖).

Lockhart v. Holiday Homes of St. John, Inc.

678 F.2d 1176 · Court of Appeals for the Third Circuit · May 24, 1982

Comment b to section 448 qualifies the general rule by identifying two exceptions to the principle that an agent must himself cause an event to occur in order to be entitled to compensation: 62 If the principal appoints the … The definitions in the Restatement of these two types of agency, however, do not dispose of the contract law question of what language is needed clearly and unambiguously to create an "exclusive power."

Raheel Rehman v. Attorney General United States

Court of Appeals for the Third Circuit · Dec 28, 2018

The BIA affirmed the IJ’s adverse credibility finding as not clearly erroneous. … Rehman’s CAT Protection Claim Lastly, Rehman argues that the BIA erred in finding that he did not qualify for CAT protection.

17 Fair empl.prac.cas. 60, 16 Empl. Prac. Dec. P 8167 Dionysius Richerson, Albert E. Flournoy, Thaddeus Dais, Eugene Fleming, Jr., and Edward Hunt, Individually and on Behalf of Others Similarly Situated v. Captain Gerald R. Jones, United States Navy, Commanding Officer, Philadelphia Naval Shipyard. Appeal of Thaddeus Dais

572 F.2d 89 · Court of Appeals for the Third Circuit · Feb 17, 1978

We have previously held that, for purposes of Rule 4(a), such a motion qualifies as a Rule 59 motion to alter or amend the judgment. Id.; Gainey v. Brotherhood of Ry. & S. S. Clerks, 303 F.2d 716 , 718 (3d Cir. 1962). … Finally, Dais argues that since no policies behind the exhaustion rule would be furthered by dismissing his complaint, this court should establish a general exception to the exhaustion requirement. 14 To support his first

Luis Cuellar Manzano v. Attorney General United States

Court of Appeals for the Third Circuit · Mar 22, 2019

Cuellar Manzano argues the Board erred in finding he failed to qualify for withholding of removal or relief pursuant to CAT. … Here, the IJ found Cuellar Manzano failed to qualify for CAT protection because he failed to establish it was more likely than not he would be tortured if he returned to El Salvador or the government would acquiesce to

United States v. Crute

238 F. App'x 903 · Court of Appeals for the Third Circuit · Sep 6, 2007

Crute contends that this was error, arguing that the records do not qualify for the exception and that the documents admitted at trial were not authenticated. … Registration of automobiles is clearly a routine, non-adversarial activity of the Pennsylvania Bureau of Motor Vehicles. Accordingly, vehicle registration records are admissible under Rule 803(8).

United States v. Eric Kalb

891 F.3d 455 · Court of Appeals for the Third Circuit · May 31, 2018

While the word “jurisdiction” is not included in the appeal-period provision, Congress is not required to “incant magic words in order to speak clearly.” Auburn Regional, 568 U.S. at 153. … Second, the Tenth Circuit did not qualify its statements by reference to a district court’s determinations of timeliness: As we have seen from United States v.

Goodrich v. Clinton County Prison

214 F. App'x 105 · Court of Appeals for the Third Circuit · Jan 19, 2007

A medical need qualifies as “serious” for purposes of Eighth Amendment analysis if, for example, “it is one that has been diagnosed by a physician as requiring treatment.” Monmouth County Corr. … In addition, the record establishes that (1) federal Magistrate Judge William H.

Egbule v. Attorney General of the United States

230 F. App'x 162 · Court of Appeals for the Third Circuit · Apr 12, 2007

The BIA concluded that the IJ’s adverse credibility determination was not clearly erroneous. Egbule now seeks review of the BIA’s decision. … In deciding whether an applicant qualifies for asylum or withholding of removal, this 5 court reviews the IJ’s findings of fact for substantial evidence, asking whether the IJ

Nationwide Mutual Fire Insurance v. Quinn

138 F. App'x 399 · Court of Appeals for the Third Circuit · Jun 7, 2005

As such, Appellant’s reliance thereon is unavailing. 4 We acknowledge that Appellant raises several additional issues on appeal, at least one of which has clearly been waived. … Corp., 311 F.3d 237, 246 (3d Cir. 2002) (“It is well established that failure to raise an issue in the district court constitutes a waiver of the argument.”).

The Bank of New Jersey, a Corporation of the State of New Jersey v. Brokers Financial Corporation (Defendant in d.c.) and Northwestern National Insurance Company (Defendant and Third-Party in d.c.) v. Brokers Financial Corporation and Rocco J. Molinari and Michael Grasso (Third-Party in d.c.). Appeal of Northwestern National Insurance Company

557 F.2d 365 · Court of Appeals for the Third Circuit · Jun 13, 1977

The Bond and a $500,000 Second Mortgage on certain real estate, which the Bank also held, were clearly sufficient to secure all obligations which could be due during the first year of the note. … The burden of establishing lack of good faith is on the party against whom the power has been exercised. 5 The full text of the bond is as follows: FINANCIAL GUARANTEE BOND PROMISSORY NOTE Date: April 16, 1971 Bond No.

Shenango Inc v. Comm Social Security

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

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 … However, a statutory deadline does not, by itself, establish that Congress intended to strip an agency’s authority to act after the deadline has passed. In Brock v.

Spencer v. Kugler

454 F.2d 839 · Court of Appeals for the Third Circuit · Jan 24, 1972

Sec. 2283 , and thus result in a clearly improper interference with the state proceedings. … An injunction barring enforcement of a criminal statute against particular conduct immunizes that conduct from prosecution under the statute.

Forum For Academic And Institutional Rights v. Rumsfeld

390 F.3d 219 · Court of Appeals for the Third Circuit · Nov 29, 2004

FAIR has thus established a reasonable likelihood of establishing that the Solomon Amendment unconstitutionally conditions funding on a basis that infringes law schools' constitutionally protected interests under the First … It is qualified by the proposition that "avoidance of a difficulty will not be pressed to the point of disingenuous evasion." George Moore Ice Cream Co. v.

United States v. Kallen Dorsett, Jr.

Court of Appeals for the Third Circuit · Oct 7, 2022

King, 40 F.4th 594, 596 (7th Cir. 2022) (“Concepcion is irrelevant to the threshold question whether any given prisoner has established an ‘extraordinary and compelling’ reason for release.”). … the analysis when they weigh the § 3553(a) factors,” id. at 262 (emphasis added), our review is not de novo, and Dorsett has not presented any argument to prompt “a definite and firm conviction” that the District Court clearly

BEAZER EAST, INC. v. THE MEAD CORPORATION v. KOPPERS INDUSTRIES, INC. THE MEAD CORPORATION, APPELLANT—CASE NO. 02-3727. BEAZER EAST, INC. v. THE MEAD CORPORATION v. KOPPERS INDUSTRIES, INC. THE MEAD CORPORATION, APPELLANT—CASE NO. 02-4185

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

. § 9613 (f)(1), and a separate proceeding (conducted by the District Court) to determine which of Beazer's actual costs qualify as recoverable response costs, see 42 U.S.C. § 9607 (a)(4)(B). … The Third Circuit has established an Appellate Mediation Program to implement this general directive. Local Appellate Rule 33.0.