Case law

National Union Fire Insurance Company of Pittsburgh, Pa v. City Savings

28 F.3d 376 · Court of Appeals for the Third Circuit · Aug 29, 1994

Clearly, it was not. The affirmative defense of rescission would have been a defense to the counterclaim brought by the RTC against National Union and Gulf. … "Absent a clearly expressed legislative intention to the contrary, [the statutory] language must ordinarily be regarded as conclusive." Consumer Prod. Safety Comm'n v.

Hero Tiera Smith v. Warden Baylor Womens Correct

Court of Appeals for the Third Circuit · Feb 27, 2024

Under the circumstances, the Delaware courts’ framing of Smith’s counsel’s actions was an unreasonable application of Strickland, because it ignored the clearly established Supreme Court precedent in Flores-Ortega, 528 … Therefore, the prejudice prong of Strickland is clearly established in these circumstances, 528 U.S. at 484, and the remaining merits question is whether Smith’s trial counsel’s performance, in advising her to withdraw

United States v. George Jones

476 F. App'x 484 · Court of Appeals for the Third Circuit · Dec 6, 2011

defendant‘s history; (2) the need to reflect the seriousness of the crime, adequately deter criminal conduct, protect the public, and provide training or medical care; (3) the types of sentences that could be imposed; (4) the established … While Jones clearly disagrees with the logic and brevity of the Court‘s reasoning, the record is more than sufficient to demonstrate meaningful consideration.

Michael Nelson v. Attorney General United States

Court of Appeals for the Third Circuit · Mar 29, 2021

The BIA also affirmed the IJ’s conclusion that Nelson did not establish that the Jamaican government would acquiesce to torture of Nelson. … But a crime does not have to be an aggravated felony to qualify as “particularly serious.” See id., abrogating Alaka v. Att’y Gen., 456 F.3d 88 (3d Cir. 2006).

United States v. CITGO Asphalt Ref. Co. (In Re Frescati Shipping Co., Ltd.)

886 F.3d 291 · Court of Appeals for the Third Circuit · Mar 29, 2018

The United States reimbursed it for the remaining $88 million of its qualifying cleanup expenses. … The United States reimbursed Frescati for $88 million in cleanup expenses above the liability limit established by the OPA.

Thomas v. Secretary, Pennsylvania Department of Corrections

495 F. App'x 200 · Court of Appeals for the Third Circuit · Sep 5, 2012

Pennsylvania‘s ―affidavit rule‖ was firmly established in Khalil, which was issued on August 2, 2002. Id. … Thus, both of Wayne‘s ineffective assistance claims were defaulted in successive proceedings because Wayne did not comply with clearly established Pennsylvania procedural rules.

Vivaritas v. Commissioner of Social Security

264 F. App'x 155 · Court of Appeals for the Third Circuit · Feb 12, 2008

Ordinarily, the foregoing exchange would be sufficient to establish that a claimant waiving her right to counsel during an ALJ hearing acted knowingly and intelligently. … Clearly Dawn has learning difficulties. Her scores ranged from a low of 3 to a high of 9, indicating the presence of scatter. There was also scatter on an intra-test basis.

Beth v. Ex Rel. Yvonne v. v. Carroll

87 F.3d 80 · Court of Appeals for the Third Circuit · Jun 25, 1996

Section 1415 of the Act provides: (a) Establishment and maintenance Any State educational agency . . . which receives assistance under this subchapter shall establish and maintain … as one of the principal enforcement mechanisms of the rights guaranteed under IDEA is demonstrated by its prompt enactment of a 1989 amendment to IDEA which makes express its abrogation of the states' Eleventh Amendment immunity

United States v. Bendolph

Court of Appeals for the Third Circuit · May 16, 2005

The appointment of counsel is clearly mandatory for an indigent petitioner. See United States v. … Wilson, 393 F.3d 390 (3d Cir. 2004), deviates from this court’s well-established rule that “a holding of a published opinion of the court may not be overruled without the approval of a majority of the en banc court.”

United States v. Otero

Court of Appeals for the Third Circuit · May 16, 2005

The appointment of counsel is clearly mandatory for an indigent petitioner. See United States v. … Wilson, 393 F.3d 390 (3d Cir. 2004), deviates from this court’s well-established rule that “a holding of a published opinion of the court may not be overruled without the approval of a majority of the en banc court.”

United States v. Hawkins

268 F. App'x 166 · Court of Appeals for the Third Circuit · Feb 27, 2008

Indeed, the District Court cautioned that the jury could consider the fact that some witnesses were accomplices, made plea agreements with the government, and provided testimony in exchange for immunity. … Therefore, despite any Guidelines determination, the District Court imposed the minimum sentence allowed pursuant to statute, and its statutory determination was not clearly erroneous.

White v. Napoleon

897 F.2d 103 · Court of Appeals for the Third Circuit · Feb 23, 1990

To some degree, this appears to conflict with the well-established rule that mere disagreements over medical judgment do not state Eighth Amendment claims. See Bowring v. … As noted earlier in the opinion, however, White clearly has a cause of action under the Eighth Amendment based on allegations that Napoleon used Debrox solely to inflict pain and for no valid medical purpose. 43 Sabb's allegations

Antonio Montes Funez v. Attorney General United States of America

Court of Appeals for the Third Circuit · Oct 4, 2022

As for the second prong, the “the IJ must ask (1) how public officials will likely act in response to the harm the petitioner fears and (2) whether the likely response from public officials qualifies as acquiescence.” … Therefore, the agency reasonably concluded that Montes Funez failed to establish eligibility for protection under the CAT.

Vance and Augusta Williams v. Martin Marietta Alumina, Inc.

817 F.2d 1030 · Court of Appeals for the Third Circuit · May 20, 1987

The reason for the holding lay not in the fact of delegation but in the limited waiver of sovereign immunity under the Federal Tort Claims Act which was held not to cover that situation. … It was therefore error for the district court not to declare as a matter of law that the plaintiff had not established any liability on the part of Martin Marietta.

United States v. Martin

262 F. App'x 392 · Court of Appeals for the Third Circuit · Jan 30, 2008

Three clearly show him from the front, but too far from the camera to clearly show the robber’s face. Only two of the photographs show the robber’s face with some clarity, and of those, only one is sharp and clear. … In order to establish ineffective assistance of counsel, Martin must establish that counsel’s efforts fell below an objective standard of reasonableness, and that the dereliction prejudiced him. Strickland v.

National Labor Relations Board v. Sub Acute Rehabilitation Center at Kearny, LLC

675 F. App'x 173 · Court of Appeals for the Third Circuit · Jan 11, 2017

that LPNs, in their capacity as floor nurses, satisfied four of the supervisory categories under Section 2(11), and second, that LPNs, by virtue of their temporary service as unit managers or house supervisors, also qualified … On appeal, Belgrove asserts that floor nurses clearly adjust grievances because if the CNA has a problem with a resident, the floor nurse can reassign the CNA to another resident.

Booker v. Taylor Milk Company

64 F.3d 860 · Court of Appeals for the Third Circuit · Aug 31, 1995

In support of its finding, the district court stated that "Defendant's Exhibit 14 and other evidence establishes [sic] that minimum wage jobs were available in the relevant job market for which Plaintiff was qualified. … Thus, the district court's conclusion that Plaintiff failed to exercise reasonable diligence does not appear to be clearly erroneous.

St. Jean v. Department of Homeland Security U.S. Citizenship & Immigration Services

328 F. App'x 830 · Court of Appeals for the Third Circuit · Jun 3, 2009

It provides for a simplified and expedited admission process by allowing the qualified alien to enter the United States without having to obtain a nonimmigrant visa. … Such allegations are clearly insufficient. III.

Jameel Ibrahim v. Attorney General New Jersey

Court of Appeals for the Third Circuit · Jul 16, 2021

Mayview State Hosp., 293 F.3d 103, 114 n. 19 (3d Cir. 2002) (stating that non-prisoner indigent plaintiffs are “clearly within the scope of § 1915(e)(2)”). 3 “a denial of a motion … Next, Ibrahim contends that personal jurisdiction could not be established by compulsion and treats Title IV-D proceedings as matter of contract.

Lukens Steel Company v. Klutznick

629 F.2d 881 · Court of Appeals for the Third Circuit · Aug 19, 1980

EDA, pursuant to its authority and with funds provided by PWEDA, thereupon established a "special program to guarantee loans and leases financed by private lending institutions to firms in the basic steel industry." … assistance it seeks from EDA is not available from other sources, whether private lenders or other federal agencies. 42 U.S.C. § 3142 (b)(4). 3 EDA reiterated this requirement in the Steel Industry Lending Guidelines. 5 To qualify