Case law

Anthony Falco v. Dawn Zimmer

Court of Appeals for the Third Circuit · Apr 11, 2019

Personnel management is clearly within the parameters of routine, day-to-day operations. … The content of Falco’s testimony—alleged discrimination and retaliation by Zimmer and Hoboken—clearly involves a matter of significant public concern.

Billa Singh v. Atty Gen USA

Court of Appeals for the Third Circuit · Jul 25, 2012

The IJ also determined that Singh was ineligible for cancellation of removal, because (inter alia) he was convicted of an offense qualifying as an aggravated felony under 8 U.S.C. … Crucially, an alien who requests this discretionary form of relief bears the burden of establishing his eligibility. 8 C.F.R. § 1240.8(d).

United States v. Miguel Familia

404 F. App'x 590 · Court of Appeals for the Third Circuit · Dec 16, 2010

A defendant challenging the voluntariness of his guilty plea must establish that the trial court failed to comply with the mandates of Boykin v. … In imposing the 87–month sentence, the District Court reviewed the § 3553(a) factors extensively, clearly indicated its consideration of those factors, and imposed its sentence in light of those factors.

Marable v. West Pottsgrove Township

176 F. App'x 275 · Court of Appeals for the Third Circuit · Apr 19, 2006

Officer Mark Scherer of the Amity Township Police Department testified that on the 9-1-1 tape, the driver clearly indicated that this individual had actually drawn a gun on him. … Although Marable Jr. is correct that circumstantial evidence may suffice to establish a civil rights conspiracy, see Hafner v.

United States v. Cross

Court of Appeals for the Third Circuit · Oct 21, 1997

Because the fundamental due process right of a defendant in a criminal case to an impartial tribunal is so well established, and because that right is so clearly subverted by an agreement of this kind, we reject the defendants … This circuit has also clearly acknowledged the fundamental right to a fair and unbiased adjudication of guilt.

Williams v. St. Joan of Arc Church

226 F. App'x 180 · Court of Appeals for the Third Circuit · Apr 3, 2007

To establish a prima facie case of discrimination under the ADEA - - a task not intended to be onerous, Sempier v. … Williams to apply for the new position; the record clearly shows that he did.

Biyun Liu v. Attorney General of the United States

516 F. App'x 142 · Court of Appeals for the Third Circuit · Mar 28, 2013

In her brief on appeal, Liu contended that the IJ’s adverse credibility finding was clearly erroneous and should be reversed. … We have explained that the IJ “alone is in a position to observe an alien’s tone and demeanor” and is “uniquely qualified to decide whether an alien’s testimony has about it the ring of truth.” Lin v.

Arlene M. Mattern v. F. David Mathews, Secretary of Health, Education and Welfare

582 F.2d 248 · Court of Appeals for the Third Circuit · Jun 30, 1978

In this appeal we again examine the constitutionality of the procedures established by the Secretary of Health, Education and Welfare for recoupment of alleged overpayments under section 204 of the Social Security Act. 1 … Since there is no language in Section 205 clearly indicating this congressional intent, we con-dude that a district court has the power to enter an injunctive decree under that section.

United States v. Duliga

Court of Appeals for the Third Circuit · Feb 10, 2000

When the applicant called back, the telemarketer would congratulate the applicant and tell him that he had qualified for the loan. … Duliga clearly understood the illegal objectives of All-Win and A-1 and agreed to use his best efforts to further those objectives.

Hai Fa Lin v. Attorney General

322 F. App'x 101 · Court of Appeals for the Third Circuit · Apr 8, 2009

On June 30, 2005, the BIA denied the motion because Lin failed to qualify for an exception to the timeliness requirement pursuant to 8 C.F.R. § 1003.2(c)(3)(ii), as he offered no proof of changed conditions in China. … Any decision in this case which cites to 8 C.F.R. § 1003.2(c)(3)(ii) would clearly misunderstand the nature of this motion. (App. 10.)

Boyd v. Waymart

579 F.3d 330 · Court of Appeals for the Third Circuit · Jul 31, 2009

The Pennsylvania Superior Court's conclusion that "counsel's actions cannot be deemed ineffective," App. at 88, was an unreasonable application of clearly established federal law, as determined by the Supreme Court, because … I accept this general characterization of the issue, but qualify it in two respects.

United States v. Lance Green

Court of Appeals for the Third Circuit · Sep 15, 2022

For an expert to be properly qualified to testify on an issue, she must “possess specialized expertise.” Id. (citation omitted); see also Fed. R. Evid. 702. … Here, Dinh was plainly qualified to testify regarding the likelihood that the DNA found on the gun was Green’s.

Keller v. Orix Credit Alliance

Court of Appeals for the Third Circuit · Nov 24, 1997

First, Keller clearly established that he was qualified for the position of Chief Operating Officer. In reviewing qualifications, we must only look to objective criteria, such as Keller's education and experience. … In light of this evidence, a factfinder could conclude that Credit Alliance's claim that Keller was not qualified is pretextual.

Saporito v. Combustion Engineering Inc.

843 F.2d 666 · Court of Appeals for the Third Circuit · Apr 29, 1988

C-E contends that appellants do not qualify as participants in the VESP because they have received all of the benefits to which they are entitled under the VESP plan in a lump sum. … The complaint, in Count II, clearly provides notice of the nature of the claim and that the claim was made under ERISA.

A.P. Ex Rel. Phinesee v. United States

556 F. App'x 132 · Court of Appeals for the Third Circuit · Feb 21, 2014

The Government also moved for summary judgment, on the grounds that the plaintiffs could not establish the causal element of their negligence claim. … To the extent that the Magistrate Judge‟s order was based on its factual conclusions, we review under a “clearly erroneous” standard. Id.; see also Tiernan v.

Christopher Caputo v. Wells Fargo Advisors LLC

Court of Appeals for the Third Circuit · May 9, 2022

He also qualified to receive three separate Production Bonuses of $240,459, as well as a Best Practice Award of $240,459, which were to be paid in monthly installments over approximately ten years. … “The manifest disregard standard requires more than legal error.”24 “Rather, the arbitrators’ decision must fly in the face of clearly established legal precedent, such as where an arbitrator appreciates the existence of

Morse v. Lower Merion School District

132 F.3d 902 · Court of Appeals for the Third Circuit · Dec 23, 1997

Russell, 825 F.2d 12 (3d Cir. 1987) also addressed the issue of who qualifies as a "foreseeable plaintiff." … What is clear is that a member of the general public may not qualify.

In Re: Amoroso

Court of Appeals for the Third Circuit · Nov 1, 2004

This record clearly supports the court’s finding of bad faith. In addition, Leinbach’s conduct clearly was objectively unreasonable. 1. … Fein would therefore not qualify under that category, either.

L. O. Koven & Brother, Inc., a New Jersey Corporation v. Local Union No. 5767, United Steelworkers of America, Afl-Cio, an Unincorporated Association

381 F.2d 196 · Court of Appeals for the Third Circuit · May 12, 1967

Article XVI of the labor Agreement provided in part for the establishment of vacation periods or the equivalent in pay for employees who “have worked one thousand (1000) hours or more during the period from June 1 to June … This qualified and ambiguous statement seeks to draw support from a record completely undeveloped on this point.

Ameron, Inc. v. United States Army Corps Of Engineers

809 F.2d 979 · Court of Appeals for the Third Circuit · Feb 27, 1987

Nixon President Nixon claimed, inter alia, that he had a qualified privilege to withhold documents sought by the prosecution in a criminal trial. … Bowsher rejected clearly the analysis of the status of the Comptroller General to which the original majority in Ameron adhered.