Case law

United States v. Terrell Stevenson

832 F.3d 412 · Court of Appeals for the Third Circuit · Aug 9, 2016

The Supreme Court has explained that the “district court must carefully consider th[ese] factors as applied to the particular case and, whatever its decision, clearly articulate their effect in order to permit meaningful … His first point relies on the judge’s statement to Stevenson at sentencing that he had enough prior convictions to qualify as a career offender under the Guidelines and that this was “significant . . . because it changes

Oleksandr Oliynyk v. Attorney General United States

Court of Appeals for the Third Circuit · Sep 6, 2018

He also alleged that the Government had failed to establish that he had actually been convicted of the theft-by-deception offense and raised numerous procedural objections. … However, the BIA’s key conclusions—that the IJ “did not clearly err in assessing country conditions or in forecasting the likelihood that the respondent would be tortured upon return to Ukraine,” BIA Op. at 3—are factual

Payal Mehta v. Fairleigh Dickinson University

530 F. App'x 191 · Court of Appeals for the Third Circuit · Jul 15, 2013

Mehta has established a prima facie case at the outset. Having found that the District Court erred in granting summary judgment on Ms. … The student is clearly identified as a student intern or extern prior to engaging in psychological practice. Id.

In Re Advanta Corp. Securities Litigation

180 F.3d 525 · Court of Appeals for the Third Circuit · Jun 17, 1999

The Advanta shareholders contend that the Point statement was not forward-looking, and that even if it was, it was made with actual knowledge of its false and misleading nature and therefore does not qualify for protection … In our view, this portion of the statement clearly qualifies as "a projection of revenues" and therefore is forward- looking.

Vasquez-Ramirez v. Attorney General U.S.A.

315 F. App'x 381 · Court of Appeals for the Third Circuit · Mar 5, 2009

The particular kind of group characteristic that will qualify under this construction remains to be determined on a case-by-case basis. … Indeed, the fact that the Ramirez’s remained safely in Colombia after receiving the letter clearly supports the BIA’s finding of no past persecution.

William H. Flamer v. State of Delaware Darl Chaffinch Raymond Callaway Harold K. Brode William H. Porter Gary A. Myers Loren C. Meyers Dana Reed James E. Liguori Charles M. Oberly, III Walter Redman Stanley W. Taylor, Acting Warden Warden Robert Snyder William Henry Flamer, Billie Bailey v. Robert Snyder, Warden, Delaware Correctional Center

68 F.3d 736 · Court of Appeals for the Third Circuit · Oct 19, 1995

Indeed, the pretrial publicity in this case was clearly no more extensive or prejudicial than that in cases such as Mu'Min, 22 Patton, 23 Murphy v. … Beyond a reasonable doubt at least one statutory aggravating circumstance has been established; and 202 2.

Joseph Germinaro v. Fidelity National Title Insura

Court of Appeals for the Third Circuit · Jun 14, 2018

property held by the qualified intermediary[.]” … Our case law clearly establishes that predicate acts spanning less than twelve months fail as a matter of law to establish closed-ended continuity. See, e.g., Tabas v.

Leheny v. City of Pittsburgh

183 F.3d 220 · Court of Appeals for the Third Circuit · Jul 7, 1999

The Retirees were unable to establish that they had been victims of discrimination under the ADA. … The arbitration award clearly states that every police officer who has attained 50 years of age and 25 years of service is entitled to receive a 75% pension upon retirement from the police force.

Easter v. Grassi

51 F. App'x 84 · Court of Appeals for the Third Circuit · Oct 30, 2002

With respect to the overtime claim, the jury found that Easter established by a preponderance of the evidence that she was qualified to perform overtime. … The jury clearly had a right under the circumstances of this case to assess the credibility of witnesses and to reject even uncontradicted testimony on the grounds of credibility. See, e.g., Rhoades, Inc. v.

Permasteelisa CS Corp. v. Columbia Casualty Co.

377 F. App'x 260 · Court of Appeals for the Third Circuit · Apr 27, 2010

The term “professional services” is defined as “services that you . . . are qualified to perform for others . . . in the capacity of an architect, engineer, land surveyor, or landscape architect. . . .” (App. 241.) … In Bacon, 330 A.2d 389, the court held that an insured becomes “legally obligated to pay” only after entry of a final judgment establishing its liability. See id. at 393.

United States v. Erica Nealy

450 F. App'x 132 · Court of Appeals for the Third Circuit · Nov 3, 2011

Although she qualified for a two-point reduction for being a “minor participant” in her crime, see U.S.S.G. § 3B1.2, she was also given a two-point enhancement for obstruction of justice, see U.S.S.G. § 3C1.1. … Section 3E1.1 permits a two-level decrease if a defendant “clearly demonstrates acceptance of responsibility for [her] offense.” U.S.S.G. § 3E1.1(a).

Barbara J. Bundens, (Widow of Howard E. Bundens), (No. 94-3163) v. J.E. Brenneman Company Travelers Insurance Company and Director, Office of Workers' Compensation Programs, United States Department of Labor, J.E. Brenneman Company and Travelers Insurance Company, (No. 94-3175) v. Barbara J. Bundens (Widow of Howard E. Bundens) and Director, Office of Workers' Compensation Programs, United States Department of Labor Benefits Review Board

46 F.3d 292 · Court of Appeals for the Third Circuit · Feb 9, 1995

executed among all of the defendants in the district court litigation dismissed with prejudice all of the Bundens' claims. 7 It also fixed the respective amount that each defendant would contribute to the $1,000,000 settlement established … Thus, the Court held in order to qualify for coverage under the Jones Act, the employee must: (1) have an "employment-related connection to a vessel in navigation"; and (2) " 'contribut[e] to the function of the vessel or

Shoukat v. Attorney General of the United States

151 F. App'x 110 · Court of Appeals for the Third Circuit · Oct 3, 2005

To qualify for refugee status, the applicant may demonstrate that he or she is “unable or unwilling” to return to his or her native country “because of persecution or a well-founded fear of persecution on account of race … Clearly the agency itself does not believe the IJ owes any deference to an asylum officer’s initial determination of refugee status. Nor do we, and we so hold.

Gulf Oil Corp. v. Federal Power Commission

563 F.2d 588 · Court of Appeals for the Third Circuit · Sep 7, 1977

The first is Article II, 1 1(a), which provides that after a start-up period ending on November 1, 1968, the “Daily Contract Quantity” will be established at 500,000 MCF per day. … Third, in both Dillon and Mitchell Canneries, the extreme economic hardship to the sellers resulted from forces of nature clearly beyond the sellers’ control, not an error on the part of the sellers in estimating their supplies

Cbs Corporation v. FCC

Court of Appeals for the Third Circuit · Nov 2, 2011

In our view, fleeting images, like all other fleeting content, were immune from regulation under the pre-Golden Globes regime. … The legislative history of the provisions establishes their independence.

Fed. Sec. L. Rep. P 93,428

458 F.2d 255 · Court of Appeals for the Third Circuit · Apr 17, 1972

In considering scienter, the district court, despite Stevens, Royal Air Properties and Ellis, ruled that although the SEC need not establish common law fraud, it must establish that the "defendants engaged in a 'course of … With respect to RST, we have made no detailed survey of its mining properties and mineral reserves, but have relied on the opinions furnished by technically qualified personnel of RST and Amax."

Cbs Corporation v. FCC

Court of Appeals for the Third Circuit · Nov 2, 2011

In our view, fleeting images, like all other fleeting content, were immune from regulation under the pre-Golden Globes regime. … The legislative history of the provisions establishes their independence.

Radich v. Goode

886 F.2d 1391 · Court of Appeals for the Third Circuit · Oct 6, 1989

Rule 56(f) clearly requires that an affidavit be filed. … argue that "mere presence" on private property is not enough to support a conviction for criminal trespass under Pennsylvania law, citing White for the proposition that only conduct that constitutes a "breach of the peace" qualifies

United States v. Parks

288 F. App'x 852 · Court of Appeals for the Third Circuit · Aug 1, 2008

With accurate information, the police were able to establish that Parks was wanted by the United States Marshals Service for escape from LCCC. … Also, the facts in Grove are clearly distinguishable. For instance, the defendants in Grove voluntarily returned to the non-secure facility from which they escaped. Id. at 1272.

William Burrell, Jr. v. Tom Staff

60 F.4th 25 · Court of Appeals for the Third Circuit · Feb 8, 2023

Rather, the TVPA clearly encompasses a broad range of conduct which is not limited, as the dissent suggests, to ‘appalling criminal conduct and shocking depravity.’” See Dissent Op. at n.6. … Plaintiffs start generally, stating Defendants (all of them) “force Debtors to work at the Center before they can ‘qualify’ for work release.