Case law
Opinions from 1658 to today.
9,730 results
1.33s
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.
Cited 3 timesPublishedCourt of Appeals for the Third Circuit · Nov 26, 2008
To qualify for asylum or withholding of removal, an applicant must establish that he has a well-founded fear that he will be persecuted if removed to his home country on account of race, religion, nationality, membership … The court concluded that “Li’s evidence of a recent campaign of forced sterilization in her home village, evidence consistent with the conclusion of recent government reports, clearly satisfied the criteria for a motion to
Cited 0 timesPublishedAssociation of New Jersey Rifl v. Attorney General New Jersey
Court of Appeals for the Third Circuit · Dec 5, 2018
Given the context out of which the Act was enacted, this clearly includes reducing the lethality of active shooter and mass shooting incidents. Thus, the State has asserted a qualifying interest. … In light of this evidence, the District Court did not clearly err when it concluded that the evidence “established that there is some delay associated with reloading, which may provide an opportunity for potential victims
Cited 0 timesPublishedCourt of Appeals for the Third Circuit · Apr 5, 2006
. § 794(a) and provides: No otherwise qualified individual with a disability in the United States, as defined in section 705(20) of this title, shall, solely by reason of her or his disability, be excluded … An abuse of discretion occurs when a district court’s decision “rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact.” Hanover Potato Products, Inc. v.
Cited 0 timesPublishedBryan Range v. Attorney General United States
124 F.4th 218 · Court of Appeals for the Third Circuit · Dec 23, 2024
Historical tradition can be established by analogical reasoning, which “requires only that the government identify a well-established and representative historical analogue, not a historical twin.” Id. at 30. … [and] most clearly established by the authority of judicial decisions and ancient acts of parliament, as well as by reason and common sense.”); 3 Blackstone, Commentaries *3–4 (“Self-defence, therefore, as it is justly called
Cited 91 timesPublishedNina Michael v. Shiley, Inc. Hospital Products Group, Inc., (Formerly Howmedica, Inc.) Pfizer, Inc
46 F.3d 1316 · Court of Appeals for the Third Circuit · Feb 7, 1995
Section 360k only pre-empts requirements which the state “establish[es]” or “continue[s] in force.” … If any person, other than Shiley, “established” the warranty, it was the FDA, not the state.
Overruled on other grounds by Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996)Cited 103 timesPublishedCourt of Appeals for the Third Circuit · Mar 5, 1999
The reference was clearly to the term imposed and not to the statutory minimum. … We conclude that when Congress amended the law it did not intend to establish a minimum penalty threshold. Instead, it lowered the maximum penalty required to make a theft violation an aggravated felony. Cf.
Cited 0 timesUnknownMacK Trucks Inc. v. Borgwarner Turbo Systems, Inc.
508 F. App'x 180 · Court of Appeals for the Third Circuit · Dec 21, 2012
After executing the Supply Agreement, the parties attempted to negotiate a second non-conditional PAA that would establish specifications for turbochargers under the Supply Agreement. … We may not construe a contract provision as a condition precedent to performance “unless that clearly appears to be the intention of the parties.” Id.
Cited 6 timesUnpublished643 F.2d 946 · Court of Appeals for the Third Circuit · Mar 13, 1981
The "other existing conditions" language is qualified by the surrounding words "cannot ... furnish proper and sufficient accommodations for the care, custody, control, and safety of the inmates." … Today, each of the 50 States guarantees the right to a speedy trial to its citizens. 60 The history of the right to a speedy trial and its reception in this country clearly establish that it is one of the most basic rights
Cited 1 timesPublishedCleary Ex Rel. Cleary v. Waldman
167 F.3d 801 · Court of Appeals for the Third Circuit · Feb 8, 1999
Medicaid was established in 1965. … Prior to 1988, these eligibility rules forced couples to spend down the entirety of their resources in order for one of them to qualify for Medicaid.
Cited 1 timesUnknownUnited States v. Abdullah Muhammad
512 F. App'x 154 · Court of Appeals for the Third Circuit · Jan 31, 2013
Our Court broadly interprets the term, “qualified witness”; to be qualified, a witness only needs to “have familiarity with the record-keeping system” or “understand[] the system.” United States v. … The witness, Colby Miller, demonstrated sufficient familiarity and understanding of the bank’s record keeping system to establish he was a qualified witness, and his testimony set forth the necessary showing for a business
Cited 5 timesUnpublishedForum for Academic & 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 … Clearly, the interests expressed in Hurley lack the power to dilute the judiciary’s traditional deference to Congress in the interest of national defense.
Reversed on other grounds by Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U.S. 47 (2006)Cited 8 timesPublished824 F.3d 353 · Court of Appeals for the Third Circuit · Jun 1, 2016
The part of the Ordinance that is now in dispute is § 623.04, which establishes a “Fifteen-Foot Buffer Zone.” … One might argue that the qualifying phrase "provide support for the law” makes that allegation primarily a legal rather than a factual contention.
Cited 141 timesPublishedAir Courier Conference Of America v. U.S. Postal Service
959 F.2d 1213 · Court of Appeals for the Third Circuit · Mar 13, 1992
"Absent a clearly expressed legislative intention to the contrary, that language must ordinarily be regarded as conclusive." Consumer Prod. Safety Comm'n v. … To qualify for the flat rate, a shipper had to agree to ship a minimum amount of mail on a daily and weekly basis.
Cited 0 timesPublished463 F. App'x 93 · Court of Appeals for the Third Circuit · Mar 6, 2012
Police were forced to engage in a motor vehicle chase and to act with weapons drawn, both of which clearly created a substantial risk of harm. … Pursuant to the application notes for Section 4B1.1, there can be no doubt that the instant offense of robbery qualifies as a crime of violence, and Dawkins had at least two prior qualifying felony convictions for crimes
Cited 0 timesUnpublishedCourt of Appeals for the Third Circuit · Nov 26, 2008
To qualify for asylum or withholding of removal, an applicant must establish that he has a well-founded fear that he will be persecuted if removed to his home country on account of race, religion, nationality, membership … The court concluded that “Li’s evidence of a recent campaign of forced sterilization in her home village, evidence consistent with the conclusion of recent government reports, clearly satisfied the criteria for a motion to
Cited 0 timesPublishedUnited States v. Raymont Wright
913 F.3d 364 · Court of Appeals for the Third Circuit · Jan 17, 2019
A district court abuses its discretion when it makes an errant conclusion of law, an improper application of law to fact, or a clearly erroneous finding of fact. McDowell v. Phila. Hous. … The parties stipulated Wright had been convicted of a qualifying felony, and an ATF Special Agent testified about the gun's interstate nexus.
Cited 13 timesPublished820 F.2d 405 · Court of Appeals for the Third Circuit · Jun 9, 1987
I. 5 The SBA is authorized to participate in three different ways with persons seeking loans for qualifying small businesses. … SBA shall not be deemed to be a coguarantor with any other guarantors. 10 The SBA has clearly anticipated a contention such as is advanced here by Davis and provided by regulation against it.
Cited 1 timesUnpublishedTong Jing Chen v. Attorney General
204 F. App'x 122 · Court of Appeals for the Third Circuit · Nov 7, 2006
An alien may qualify for political 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 social group, or … Withholding of removal requires the 3 applicant to establish a clear probability of persecution in the proposed country of deportation. Gabuniya v.
Cited 0 timesUnpublished57 F. App'x 998 · Court of Appeals for the Third Circuit · Feb 27, 2003
As the [INS] points out, section 101(a)(43)(M)(i) 3 Their conspiracy convictions will not qualify as aggravated felonies if the underlying substantive convictions do not qualify. … When the statutory language at issue is unambiguous, a court must effectuate Congress’s clearly expressed intent. Valansi, 278 F.3d at 209.
Cited 1 timesUnpublished
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