Case law

Flamer v. State of Delaware

68 F.3d 710 · Court of Appeals for the Third Circuit · Oct 19, 1995

The word "if" or some other qualifying preposition is implicit at the beginning of the phrase, "supported by the evidence." … Id. at 7 18 There is clearly some support in the record for the state courts' findings that Reardon's strategy throughout the case involved the casting of blame on Deputy.

United States v. Jorge Rosa-Hernandez

Court of Appeals for the Third Circuit · Oct 1, 2020

The parties agree that subsection (a)(2) governs this case.2 To qualify as relevant conduct under § 1B1.3(a)(2), the conduct must meet three conditions: “(1) it must be the type of conduct described in § 1B1.3(a … The firearm Rosa-Hernandez possessed in April was purchased on the same day he possessed the guns that were sold in February. 7 (collecting cases establishing “unlawful possession

Commonwealth Of Pennsylvania v. Local Union 542

807 F.2d 330 · Court of Appeals for the Third Circuit · Dec 5, 1986

Finally, the Union does not challenge the district court's findings of fact as clearly erroneous. … For a worker who must "bat out of the hall," relying on such dispatches to earn a living, the impact is clearly severe.

R. B. Potashnick, an Individual, and Continental Casualty Company, Plaintiff-Third Party Appellees-Appellants v. Port City Construction Company and United States Fidelity & Guaranty Co. v. The City of Mobile, Alabama, Third-Party v. J. B. Converse & Company, Inc., Third Party United States Fidelity & Guaranty Company, Port City Construction Company, Inc. v. W. D. Brunson, D/B/A W. D. Brunson Construction Company

609 F.2d 1101 · Court of Appeals for the Third Circuit · Jan 15, 1980

motion to exclude further testimony by the party-witness, but the party-witness then agreed to waive trial by jury in lieu of excluding his testimony. 5 Our analysis of the fifth amendment to the United States Constitution establishes … s bond liability are not clearly erroneous and should not be set aside. Fed.R.Civ.P. 52(a).

Milton Mazer, Administrator of the Estate of Israel Abrams, Deceased v. Hattie Lipschutz, of the Estate of Benjamin Lipschutz, Deceased, Milton Mazer, Administrator of the Estate of Israel Abrams, Deceased v. Dr. Peter Chodoff, and Third-Party v. Hattie Lipschutz, of the Estate of Benjamin Lipschutz, Deceased, and the Albert Einstein Medical Center, Southern Division, Third-Party

327 F.2d 42 · Court of Appeals for the Third Circuit · Feb 26, 1964

Stone's negligence, which has been established by the companion case of Rockwell v. Stone, supra." 173 A.2d 55 . As to the second pier, Mr. Justice Bok, after referring to Mr. … The law of Pennsylvania on the subject of joint tortfeasors is clearly applicable to this issue and decides it in favor of the plaintiff. See 12 P.S.

Century 21 v. LendingTree Inc

Court of Appeals for the Third Circuit · Oct 17, 2005

Clearly, the mechanic is referring to another’s product, but does so in order to describe what he does. … The Supreme Court in KP Permanent Make- Up clearly established that it was plaintiff’s burden in a classic fair use case to prove likelihood of confusion.

Century 21 v. LendingTree Inc

Court of Appeals for the Third Circuit · Oct 11, 2005

Clearly, the mechanic is referring to another’s product, but does so in order to describe what he does. … The Supreme Court in KP Permanent Make- Up clearly established that it was plaintiff’s burden in a classic fair use case to prove likelihood of confusion.

United States v. Bd Ed Piscataway

Court of Appeals for the Third Circuit · Aug 8, 1996

Here, Taxman has clearly established that the Board is liable and that she was not paid during the relevant period. … more qualified."

United States Ex Rel. Customs Fraud Investigations, LLC v. Victaulic Co.

839 F.3d 242 · Court of Appeals for the Third Circuit · Oct 5, 2016

Court held that the FAC was futile, stating explicitly that failure to pay marking duties could not, as a matter of law, give rise to a reverse false claims action because the duties were too attenuated and contingent to qualify … definition of “obligation” so as to leave no doubt about the abrogation of ATMI, but the Senate considered the language in the new definition so clear that “any such specific language would be unnecessary,” since “customs duties clearly

Marino v. Ballestas

749 F.2d 162 · Court of Appeals for the Third Circuit · Nov 28, 1984

Ballestas, he told the Marinos that they were free to remove Maria from the hospital, but he qualified this statement with the warning that to do so would risk permanent paralysis of their daughter's arm. … Clearly there was a basis for caution because the child's symptoms suggested to Dr. Ballestas that the radial nerve was trapped between bone fragments and subject to undesirable compression.

Tenafly Eruv Association, Inc. v. The Borough Of Tenafly

309 F.3d 144 · Court of Appeals for the Third Circuit · Oct 24, 2002

Borough of Mahaffey, 35 F.3d 846, 849-50 (3d Cir.1994) ("Applying such a burden test to non-neutral government actions would make petty harassment of religious institutions and exercise immune from the protection of the First … The balance easily tips in the plaintiffs' favor. 74 Finally, where there are no societal benefits justifying a burden on religious freedom, "the public interest clearly favors the protection of constitutional rights."

Morton International, Inc. v. A.E. Staley Manufacturing Co.

343 F.3d 669 · Court of Appeals for the Third Circuit · Sep 16, 2003

Whether this evidence alone is sufficient to establish control is another matter. … “Dirty Mercury” Transactions Morton asserts that Tenneco shipped its own “dirty mercury” to the plant for processing into usable mercury, a transaction which clearly qualifies Tenneco for “arranger liability.”

United States v. Kevin Cleveland

413 F. App'x 445 · Court of Appeals for the Third Circuit · Feb 8, 2011

Under the sentencing guidelines a conspiracy conviction qualifies as a crime of violence if the predicate crime for that conspiracy was, itself, a crime of violence. … The criminal complaint establishes that Cleveland was one of the defendants charged with criminal conspiracy and the judgment from the 1993 case establishes that Cleveland was convicted of that charge.

Wang v. Attorney General

258 F. App'x 395 · Court of Appeals for the Third Circuit · Dec 12, 2007

We need not discuss the applicable law regarding the proof needed to establish eligibility for asylum, as the parties are well aware of it. … Because we have concluded that Wang has not established a claim for asylum, we need not separately analyze whether she is entitled to withholding of removal. See Zubeda v.

Abdallah Khamis v. Attorney General United States

Court of Appeals for the Third Circuit · Jun 14, 2021

The Board concluded that the Immigration Judge’s CAT finding was not clearly erroneous because the evidence showed governmental efforts to treat HIV positive persons and the country conditions report did not indicate that … We held there was a significant possibility of a different outcome had counsel submitted the medical record evidence because a strong case exists for a noncitizen with “a qualifying child with very serious health issues

Sullivan v. Barnett

139 F.3d 158 · Court of Appeals for the Third Circuit · Mar 13, 1998

Clearly, however, the statutory provision permitting the termination of benefits in Barnes and the supersedeas provisions at issue here vary significantly. … The Eleventh Amendment30 confers sovereign immunity upon the States such that they cannot be subject to suit in district court absent either Congressional intent to abrogate that immunity enacted pursuant to a valid exercise

United States v. Hoffecker

Court of Appeals for the Third Circuit · Jun 16, 2008

Here, the District Court clearly left to the jury the determination of whether the Government established beyond a reasonable doubt each of the elements of conspiracy and mail fraud. … Clearly, Hoffecker was keeping quiet about the injunction.

Ppg Industries, Inc., a Pennsylvania Corporation v. Ashland Oil Company-Thomas Petroleum Transit Division, a Kentucky Corporation v. Canal Barge Company, Inc. And Inland River Transportation Corporation, Acorporation, and Dravo Corporation, Canal Barge Company, Inc.

592 F.2d 138 · Court of Appeals for the Third Circuit · Dec 29, 1978

Immunity conferred by the Harter Act must be strictly construed. Gilmore & Black, Supra at 156 n.50. … majority opinion analyzes a dichotomy in the case law between "cause" and "result" cases, suggesting that while in a "result" case the burden of proof on the negligence issue may shift to the cargo owner, in a "cause" case it clearly

Jennifer Baker, a Minor, by Her Parent and Natural Guardian, Susan M. Baker, and Susan M. Baker, Individually v. Outboard Marine Corp., and Third-Party v. Anna F. Pentz, Clarence L. Weller and Betty I. Weller, His Wife, and Clarence L. Weller, D/B/A Weller's Garage, Third-Party

595 F.2d 176 · Court of Appeals for the Third Circuit · Mar 23, 1979

We agree with the Bakers that the district court's use of the phrase "unreasonably dangerous" was contrary to the rule established by Azzarello. … In addition, since Outboard claimed that it was immune from liability because Mrs.

Xiong Huang v. Attorney General United States

532 F. App'x 38 · Court of Appeals for the Third Circuit · Mar 4, 2013

Huang’s motion to reopen, filed almost 8 years after the BIA entered the final removal order, was clearly untimely. … We also agree that Huang’s evidence is insufficient to establish that conditions had worsened in China for Christians since the time of his merits hearing in 2002.