Case law

Churchill v. Star Enterprises

183 F.3d 184 · Court of Appeals for the Third Circuit · Jun 28, 1999

families, by establishing a minimum labor standard for leave. … The Appellees clearly demonstrated the presence of the first two requirements set forth in Athlone when they sought judgment in their favor in Churchill II and Churchill acknowledges this point.

Gorini v. AMP Inc.

94 F. App'x 913 · Court of Appeals for the Third Circuit · Apr 16, 2004

Under Bruch, the district court needed only to determine whether there was enough evidence to establish a colorable claim for benefits. … Tyco tries to claim that Gorini was never qualified for participation in the 1991 5 severance plan because the only people eligible for benefits under it were “regular, full-

S. v. Scranton School Dist.

Court of Appeals for the Third Circuit · Oct 18, 2000

In applying the pre-1997-amendment version of S 1415, we have held that causation can be established on either of two theories. See Wheeler v. … Plaintiffs have not established that the[School] District convened the IEP meeting as a result of an "administrative proceeding."

Mimi Ma v. Westinghouse Electric Co., LLC

559 F. App'x 165 · Court of Appeals for the Third Circuit · Mar 18, 2014

For instance, in May, Ma accused Kaveney of making “unfair and false accusations” about a missed deadline and told him that he had been “clearly wrong.” Id. at 379-80. … Ma, a Muslim woman, was fired from a job for which she was qualified and replaced by a non-Muslim man.

Diet Drugs v.

Court of Appeals for the Third Circuit · Feb 8, 2019

The Green Form must establish, inter alia, that the claimant developed a high-level-qualifying condition by the earlier of (i) December 31, 2011, or (ii) 15 years after his or her last ingestion of Diet Drugs.5 … Finally, Schlager argues that the arbitrator and District Court clearly erred by concluding that her June 2014 stroke did not equitably toll the filing deadline.

Belal Elnaggar v. Gregory Allard

Court of Appeals for the Third Circuit · May 23, 2023

Elnaggar’s claims related to the service of the 2013 collection action and default judgment are thus clearly untimely. See Rotkiske v. Klemm, 140 S. … Lastly, even if Elnaggar had established that the timing, location, or choice of counsel for the Georgia suit are legally significant in his case, Elnaggar did not allege any facts connecting the defendants to that suit

United States v. Dion Williams

Court of Appeals for the Third Circuit · Aug 9, 2024

Williams admitted to the Grade A violations, and as a result the District Court found that the Government had established the violations by a preponderance of the evidence. … Next, Williams urges that the District Court erred in finding that his conviction for shooting a federal agent qualified as a Grade A violation of his supervised release because 18 U.S.C. § 111(b) is not categorically a

PNC Bancorp Inc. v. IRS Commissioner

212 F.3d 822 · Court of Appeals for the Third Circuit · May 19, 2000

The Financial Accounting Standards Board ("FASB") is an independent private sector organization that establishes standards for financial accounting and reporting. … asset and that, as an inevitable consequence, the payment is capital in nature and not an expense, let alone an ordinary expense, deductible under S 162(a) in the absence of other factors not established

Alexander Amagua-Zapata v. Attorney General United States

Court of Appeals for the Third Circuit · Jan 31, 2022

The IJ concluded that Amagua-Zapata must show “that his qualifying relative would suffer hardship that is substantially beyond that which would ordinarily result from an alien’s removal.” Appendix (“App.”) 14. … Amagua-Zapata therefore has not established that any action by the IJ caused him substantial prejudice. See Singh v.

In Re: Cendant Corp.

Court of Appeals for the Third Circuit · Aug 8, 2001

The District Court therefore ordered "an auction to determine the lowest qualified bidder to represent the class as counsel." Id. at 151. … While filing clearly establishes such status, a document may still be construed as a judicial record, absent filing, if a court interprets or enforces the terms of that document, or requires that it be submitted to the court

Marcos Lopez-Beltran v. Attorney General United States

Court of Appeals for the Third Circuit · Mar 1, 2021

“a ‘reasonable likelihood’ that he can establish [that he is entitled to relief].” … It also acknowledged that petitioner provided evidence that he had the necessary qualifying relatives for cancellation. Id.

United States v. Swinton

Court of Appeals for the Third Circuit · Jun 23, 2003

It states that Apprendi did not address the substance of a statute but “merely established the necessary procedures  12 for establishing those facts” which increase the penalty for a crime. … (noting that Apprendi is “clearly not on the same level as a truly landmark decision such as Gideon [v. Wainwright, 372 U.S. 335 (1963)].”), cert. denied, 123 S.

Official Committee of Unsecured Creditors ex rel. bankruptcy estates of Jevic Holding Corp. v. CIT Group/Business Credit Inc.

787 F.3d 173 · Court of Appeals for the Third Circuit · Aug 18, 2015

The Court went on to make findings establishing those dire circumstances. … Although Sun was eventually granted summary judgment in the WARN Act litigation because it did not qualify as an employer of the Drivers, In re Jevic Holding Corp., 492 B.R. 416, 425 (Bankr.D.Del.2013), the Bankruptcy Court

Morel v. INS

Court of Appeals for the Third Circuit · Jul 26, 1996

The judgment of conviction in Morel's criminal case clearly shows that he was convicted only of drug possession, seeApp. at 37, and the government does not argue otherwise. … Nothing in the statute suggests that these requirements qualify or limit one another in a way that would require that all seven years of "lawful domicile" have been in a "permanent resident" status.

United States v. McClenton

Court of Appeals for the Third Circuit · Apr 14, 1995

The sole issue in dispute is whether McClenton's three prior convictions for burglary qualify as "crimes of violence" within the meaning of Section 4B1.1. … "However, in our view, the third prong quite clearly permits the court to United States v. Williams, 892 F.2d 296, 303-304 (3d Cir. 1989), cert. denied, 110 S. Ct. 3221 (1990).

West Virginia University Hospitals, Inc. v. Robert Casey

885 F.2d 11 · Court of Appeals for the Third Circuit · Oct 5, 1989

It is not, however, so clearly established that Pennsylvania's reimbursement system will result in the Hospital's withdrawal from the Pennsylvania medicaid plan, although there is a probability that it will withdraw because … Ash the plaintiff must establish that Congress intended the remedy.

Wood v. Zapata Corp.

482 F.2d 350 · Court of Appeals for the Third Circuit · Jun 29, 1973

1972 transfer motion; two motions to stay proceedings until disposition of a pending shareholder action in a Canadian court; and a motion to bar communication by the parties with stockholders. 52 Judge Huyett's letter thus clearly … Sec. 78a et seq 3 Affidavits submitted to the District Court in support of the transfer motion alleged that Zapata neither transacts, nor is it qualified to transact, business in Pennsylvania 4 Lehman Bros. did not join the

Janet Belczyk Cunningham v. Railroad Retirement Board

392 F.3d 567 · Court of Appeals for the Third Circuit · Dec 15, 2004

. § 320.39 , the Board may waive the 60-day period if in the judgment of the Board “the reasons given establish that the party has good cause for not filing the appeal form within the time limit prescribed.” … Section 355(f) clearly states its intention to incorporate the types of decisions listed in § 355(c) as being suitable for review by the courts of appeals.

United States v. Charles Costanzo

441 F. App'x 883 · Court of Appeals for the Third Circuit · Aug 15, 2011

There is no basis for this Court to find that the District Court’s determination on abuse of a position of trust was clearly erroneous. … Table provides that four to six criminal history points establish a criminal history category of III.

United States v. Cornish

Court of Appeals for the Third Circuit · Jan 3, 1997

In Taylor, the Court was asked to determine whether a conviction for second-degree burglary under Missouri law was sufficient to qualify as a "violent felony." Id. at 578. … (federal attempted bank robbery conviction "clearly" is a "violent felony" under § 924(e)), cert. denied, 493 U.S. 890 (1989); United States v.