Case law

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).

The Hanover Shoe, Inc. v. United Shoe MacHinery Corporation, the Hanover Shoe, Inc. v. United Shoe MacHinery Corporation

377 F.2d 776 · Court of Appeals for the Third Circuit · Apr 11, 1967

This contention falls in view of our holding that the duty to sell established by the Government decree did not come into existence until 1946. … The Court therefore transferred the case to a special' docket and postponed further proceedings in the appeal until such time as there was a quorum of Justices qualified to sit in the case. 320 U.S. 708 , 64 S.Ct. 73 , 88

Fiadjoe v. Atty Gen USA

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

Although it had been established that Ms. … Fiadjoe does not qualify for relief under the CAT because she did not establish that she is more likely than not to be tortured if she returns to Ghana. The IJ entered orders denying Ms.

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.

United States v. Richard Stadtmauer

620 F.3d 238 · Court of Appeals for the Third Circuit · Sep 9, 2010

We have little trouble concluding that the District Court’s finding in this case was not clearly erroneous. … Even assuming the District Court clearly erred in finding that Zecher’s testimony was not false, Stadtmauer has not demonstrated that the Government knew or should have known 74 that Zecher

Thomas Wood v. Prestyn Showers

Court of Appeals for the Third Circuit · Aug 21, 2020

Substantively, an expert must be qualified and offer reliable testimony that fits the case. See Fed. R. Evid. 702; Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 589-91 (1993). … Of course, certain errors, such as a “clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact,” uniformly constitute an abuse of discretion.

Kalshiex LLC v. Mary Jo Flaherty

Court of Appeals for the Third Circuit · Apr 6, 2026

Preliminary injunctions are governed by a well-established four-part test. … Bache Halsey Stuart, Inc., 685 F.2d 1204, 1207 (9th Cir. 1982) (“Congress clearly intended to create a single agency to regulate the field [of futures trading] . . .

Prometheus Radio Project v. Federal Communications Commission

373 F.3d 372 · Court of Appeals for the Third Circuit · Jun 24, 2004

The Commission’s interpretation is clearly permissible. … Any limitation must be clearly stated by Congress. See, e.g., Am. Hosp. Ass’n v.

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

Tabas v. Tabas

47 F.3d 1280 · Court of Appeals for the Third Circuit · Feb 13, 1995

“The former enjoy neither an inherent incapacity for criminal activity nor immunity from its consequences.” Id. (citation omitted). … Inc. makes clear that the continuity requirement can be met by establishing long-term criminal conduct but does not define what length of time qualifies as “substantial” for this purpose. The Court in H.J.

Langbord v. United States Department of the Treasury

783 F.3d 441 · Court of Appeals for the Third Circuit · Apr 17, 2015

CAFRA also imposes on the Government a heightened burden of proof to establish its right to the property in such proceedings. United States v. Sum of $185,336.07 U.S. Currency, 731 F.3d 189, 196 (2d Cir.2013). … Clearly, CAFRA applies when the underlying property is stolen government property.

Pedro Lozano v. City of Hazleton

724 F.3d 297 · Court of Appeals for the Third Circuit · Jul 26, 2013

The anti-harboring provisions in the IIRAO operate in conjunction with the rental registration scheme established in the RO. … Ct. at 1981. 10 For example, the Arizona law: (i) “adopt[s] the federal definition of who qualifies as an „unauthorized alien‟”; (ii) “expressly provides that state investigators must verify the work authorization

United States v. Wilson

333 F.2d 137 · Court of Appeals for the Third Circuit · Apr 10, 1964

such tax, together with any costs that may accrue in addition thereto) shall be a lien in favor of the United States upon all property and rights to property, whether real or personal, belonging to such person." 7 What qualifies … Wilson clearly had a sufficient interest in the policies under that law to have satisfied the requirements of the statute. See United States v. Bess, 357 U.S. 51, 55-57 , 78 S.Ct. 1054 , 2 L.Ed.2d 1135 (1958).

Berrier v. Simplicity Manufacturing, Inc.

563 F.3d 38 · Court of Appeals for the Third Circuit · Apr 21, 2009

The “electrical capacitor was intended to be accessed and used only by qualified electricians, and not general members of the public. … 402A “must [only] establish that the product was unsafe for its intended user.”

Gibbs v. United States

Court of Appeals for the Third Circuit · Dec 1, 1998

That section provides: If, within 10 years after the decedent's death and before the death of a qualified heir -- (A) the qualified heir disposes of any interest in qualified real property (other … Nonetheless, relying on well-established principles of property law and estate taxation, we conclude that the conveyance of the development easement was a disposition of an interest in the farm.

Harris v. City of Philadelphia

47 F.3d 1342 · Court of Appeals for the Third Circuit · Feb 15, 1995

The imposition of contempt is reviewed under an abuse of discretion standard and will only be disturbed if there is an error of law or a clearly erroneous finding of fact. United States v. … This entailed, inter alia, even the establishment of a program for alcohol and drug dependent inmates in another facility, the subject of our opinion in Harris VI.

Korytnyuk v. Atty Gen USA

396 F.3d 272 · Court of Appeals for the Third Circuit · Jan 25, 2005

Thus, we are left qualify as “skilled” and “professional workers.” 8 U.S.C. § 1153(b)(3)(A)(i), (ii). 3 At Korytnyuk’s request, we have consolidated our review of his petitions for review of each of these denials. … First, it may hold that the movant has not established a prima facie case for the underlying substantial relief sought.

Reyno v. Piper Aircraft Company

630 F.2d 149 · Court of Appeals for the Third Circuit · Jul 24, 1980

He should not be deprived of the advantages presumed to come from that choice unless the defendant clearly adduces facts that "either (1) establish such oppressiveness and vexation to a defendant as to be out of all proportion … The Court added this qualifier: (W)e do not and need not consider whether in all cases § 1404(a) would require the application of the law of the transferor, as opposed to the transferee, State.

United States v. Michael Free

839 F.3d 308 · Court of Appeals for the Third Circuit · Oct 6, 2016

treat the estimated value of the assets that Free concealed from the Bankruptcy Court and the amount of debt sought to be discharged as the relevant “loss” under the Guidelines.1 In doing so, the District Court did not clearly … More generally, Free’s argument depends on the proposition that debtors have blanket immunity to lie to the Bankruptcy Court so long as there are no creditors who suffer any out-of-pocket losses.

Coastland Corporation v. Third National Mortgage Company, as Successor to John W. Murphree Company, and Kenneth R. Larish and Grover C. Cauthen, Coastland Corporation v. Third National Mortgage Company, as Successor to John W. Murphree Company

611 F.2d 969 · Court of Appeals for the Third Circuit · Dec 26, 1979

We do not think the district court was clearly erroneous in its finding that appellant intended to be bound by its verbal commitment made through Cauthen. FRCP 52(a). … In Virginia, as in most other jurisdictions: 35 When an established business, with an established earning capacity, is interrupted and there is no other practical way to estimate the damages thereby caused, evidence of the