Case law

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  • Heidnik v. Horn

    112 F.3d 105 · Court of Appeals for the Third Circuit · Apr 18, 1997

    He also believes that the FBI can establish his innocence: [The FBI is needed so] I could prove I had not murdered these two women ... … Id. at 402 (emphasis added).6 The district court’s conclusion that the petitioner had not clearly established that Heidnik lacked the capacity to make a knowing, intelligent, and voluntary waiver

    Cited 3 timesUnknown
  • Smith v. Virgin Islands Port Authority

    457 F. App'x 183 · Court of Appeals for the Third Circuit · Jan 9, 2012

    USI Film Prods., 511 U.S. 244, 280 (1994) (delineating factors for 2 Having determined that VIPA was not a covered employer, we do not address whether VIPA would be immunized under the Eleventh Amendment … Further, Smith’s challenges to the District Court’s denial of her Title VII anti-retaliation 3 We will not address Smith’s clearly meritless contentions that the District Court erred by filing the January

    Cited 1 timesUnpublished
  • United States v. Samirkumar Shah

    Court of Appeals for the Third Circuit · Aug 3, 2022

    Based on these sworn statements, the District Court did not clearly err in finding that Miller was screened from Shah’s prosecution. Cf. Commonwealth v. Ford, 122 A.3d 414, 418 (Pa. Super. … the District Court observed in its discussion of the 50% reduction, “the vast majority of the submitted claims under consideration were fraudulent” because any of the following factors were present: (1) patient without a qualifying

    Cited 0 timesPublished
  • In Re: Cendant Corporation Prides Litigation

    243 F.3d 722 · Court of Appeals for the Third Circuit · Mar 21, 2001

    This was intend to assure that the largest possible portion of any recovery remained with participating class members, or conversely that qualified lead counsel took the least possible sums from the benefits to be obtained … attorneys' fees for an abuse of discretion, "which can occur `if the judge fails to apply the proper legal standard or to follow proper procedures in making the determination, or bases an award upon findings of fact that are clearly

    Cited 145 timesPublished
  • United States v. Raymond Jackson, Sr., in No. 80-2058. United States of America v. Danny Williams, in No. 80-2059. United States of America v. Nate Blackwell, in No. 80-2060. United States of America v. Drekie Bailey, in No. 80-2165

    649 F.2d 967 · Court of Appeals for the Third Circuit · May 22, 1981

    That evidence clearly supports the verdicts 4 Officer Stewart also made a purchase on August 28 from Collins and observed Williams handling the money. … The court considered that he could not be ordered to testify unless he was granted immunity; and since the government was not prepared to take such action, the witness was excused 21 Jackson points to the court's statement

    Cited 0 timesPublished
  • Khan v. Atty Gen USA

    Court of Appeals for the Third Circuit · May 22, 2006

    relevant to the instant case, the LIFE Act provides that a legal permanent resident alien’s spouse and minor children are eligible, by virtue of their relation to the alien, to apply for adjustment of status if otherwise qualified … However, the BIA suggested that, even where an alien has submitted a visa petition, “[i]t clearly would not be an abuse of discretion for the immigration judge to summarily deny a request for a continuance . . . upon his

    Cited 0 timesPublished
  • Maritime Electric Co. v. United Jersey Bank

    959 F.2d 1194 · Court of Appeals for the Third Circuit · Dec 2, 1991

    They stipulated that Son’s and MNJ’s liability to MNY for conversion was not disputed because MNY had already established on its motion for summary judgment facts enough to support the conversion claim. … liability that: Throughout his employment by Maritime NY, Michael Gill repeatedly and regularly complained about his compensation and demanded that Thomas Gill turn over his stock to Michael Gill as the latter was better qualified

    Cited 168 timesPublished
  • Polk, Ronald v. Central Susquehanna Intermediate Unit 16

    853 F.2d 171 · Court of Appeals for the Third Circuit · Aug 19, 1988

    The Court self-consciously limited its opinion to the facts before it: 44 We do not attempt today to establish any one test for determining the adequacy of educational benefits conferred upon all children covered by the Act … The governing law, however, clearly imposes a higher standard. 65 Id. at 991 .

    Cited 0 timesPublished
  • Michael Anthony v. National Republican Congressional Committee

    Court of Appeals for the Third Circuit · Sep 26, 2025

    The Supreme Court defined such a system as follows: To qualify as an ‘automatic telephone dialing system,’ a device must have the capacity either to store a telephone number using a random or sequential … Taylor, 532 F.3d 237, 244 (3d Cir. 2008) (“Dismissal is warranted . . . only when a subsequent revelation clearly establishes that the plaintiff’s claims never could have amounted to the sum necessary to support diversity

    Cited 0 timesUnpublished
  • Ali Abazaj v. Atty Gen USA

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

    ―Because this standard is higher than that governing eligibility for asylum, an alien who fails to qualify for asylum is necessarily ineligible for withholding of removal.‖ Ghebrehiwot v. … Of Pet. 24 (―[T]he record established that the persecutors perceived Mr.

    Cited 0 timesUnpublished
  • Twin City Fire Insurance Co v. Glenn O. Hawbaker Inc

    118 F.4th 567 · Court of Appeals for the Third Circuit · Oct 3, 2024

    These statutes require a company awarded a qualifying public- works contract to pay a prevailing minimum wage (“prevailing wage”) to its employees for their work on that project. See Commonwealth v. … Indeed, as indicated above, these claims are clearly excluded from coverage because they are at least in some way related to a Wage and Hour Violation.

    Cited 11 timesPublished
  • United States v. Thomas Steiner

    847 F.3d 103 · Court of Appeals for the Third Circuit · Feb 1, 2017

    May 26, 2011) (finding that the defendants’ prior gunpoint robberies of drug dealers were admissible to establish the relationships between the defendants and to explain the background of the conspiracy), aff’d, 607 F. … statute laid out not separate elements, but alternative ways of satisfying a single locational element; “the statute defines one crime, with one set of elements, broader than generic burglary.”66 Because a “state crime cannot qualify

    Cited 25 timesPublished
  • United States v. Brookins

    413 F. App'x 509 · Court of Appeals for the Third Circuit · Jan 24, 2011

    An antique revolver qualifies as a dangerous weapon for purposes of the enhancement even though it would not be considered a firearm under the substantive offense set forth in 18 U.S.C. § 921(a)(3). … As such, the revolver was capable of inflicting death or serious injury, and it 8 was not “clearly improbable” that the weapon was connected with Brookins’s drug trafficking

    Cited 2 timesUnpublished
  • United States v. John Crim

    451 F. App'x 196 · Court of Appeals for the Third Circuit · Nov 15, 2011

    , which rests on the promotion of CTC to others. 4 The evidence presented at trial clearly supports the second element of the offense. … The District Court further advised that “whether or not the testimony may have been influenced by the plea agreement, grant of immunity, Government promise or any other benefit, is for you to determine.”

    Cited 9 timesUnpublished
  • Joseph Gaiambrone v. Commissioner Social Security

    Court of Appeals for the Third Circuit · Jul 24, 2024

    The SSA Commissioner is subject to the Federal Vacancies Reform Act (FVRA) which establishes the procedures for temporarily filling covered vacant PAS offices and establishes time limits for the duration of such temporary … the Appointments Clause and, as discussed further below, under the FVRA. 9 See Eaton, 169 U.S. at 343 (rejecting constitutional challenge to acting service); see also, Rop, 50 F.4th at 570 (“[T]he [Supreme] Court has clearly

    Cited 0 timesUnpublished
  • United States v. Juanita Berry

    Court of Appeals for the Third Circuit · Apr 30, 2018

    Rule 803 expressly provides that documents may be established as business records by “the testimony of the custodian [of such records] or another qualified witness . . ..”9 Fitzhugh confirmed that the records produced were … Fitzhugh is more than qualified, with regard to being CFO of the company, 8 Fed. R. Evid. 403. 9 Fed. R.

    Cited 0 timesUnpublished
  • Maritime Electric Company, Inc., a New York Corporation v. United Jersey Bank, a New Jersey Banking Corporation Michael Gill and Maritime Electric Company, Inc., a New Jersey Corporation. Michael Gill, Third-Party v. Maritime Electric Company, Inc., a New York Corporation Thomas Gill, Individually and in His Capacity as President of Maritime Electric Company, Inc., (n.y.), Third-Party Maritime Electric Co., Inc., (Plaintiff and Third-Party Defendant) and Thomas Gill (Third-Party Defendant)

    959 F.2d 1194 · Court of Appeals for the Third Circuit · Mar 25, 1992

    They stipulated that Son's and MNJ's liability to MNY for conversion was not disputed because MNY had already established on its motion for summary judgment facts enough to support the conversion claim. … liability that: 23 Throughout his employment by Maritime NY, Michael Gill repeatedly and regularly complained about his compensation and demanded that Thomas Gill turn over his stock to Michael Gill as the latter was better qualified

    Cited 169 timesPublished
  • Pertee v. Goodyear Tire & Rubber Co.

    67 F.3d 296 · Court of Appeals for the Third Circuit · Oct 2, 1995

    The purchase orders clearly contained inconsistent provisions. … Under this theory, Dover argues that even if it had been negligent, it would be immune from liability under the worker's compensation law.

    Cited 0 timesUnpublished
  • Feidt v. Owens Corning Fiberglas Corp.

    153 F.3d 124 · Court of Appeals for the Third Circuit · Aug 24, 1998

    S 1447(c) limits the jurisdictional bar of section 1447(d) so that only those "remand orders issued under S 1447(c) and invoking the grounds specified therein . . . are immune from review under S 1447(d)." … To establish removal jurisdiction under section 1442(a)(1), a defendant such as Westinghouse must establish that (1) it is a "person" within the meaning of the statute; (2) the plaintiff 's claims are based upon the defendant's

    Cited 6 timesUnknown

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