Case law

United States v. Mercado

220 F. App'x 111 · Court of Appeals for the Third Circuit · Mar 15, 2007

Reasonableness A party challenging the reasonableness of a sentence, here Mercado, bears the burden of establishing that the sentence is unreasonable based on the record and factors in section 3553(a).6 Cooper, … The Court clearly considered adequate deterrence and promoting 6 We have jurisdiction to review a sentence for reasonableness. See United States v.

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.

23 soc.sec.rep.ser. 551, Medicare&medicaid Gu 37,497

860 F.2d 1179 · Court of Appeals for the Third Circuit · Oct 25, 1988

II. 4 The Medicaid program was established under Title XIX of the Social Security Act, 42 U.S.C.A. Secs. 1396 -1396s (Supp. 1). … To qualify for assistance, a filing unit must meet specified standards of financial need. 42 U.S.C.A. Sec. 606 (a)(1).

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.

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.

Henglein v. Colt Industries Operating Corp.

260 F.3d 201 · Court of Appeals for the Third Circuit · Aug 10, 2001

They establish that Crucible established a benefits plan in 1968 which it published and distributed to its employees. … The case will be remanded so that the District Court may award benefits due for those employees who qualify under the six year statute of limitations.

CGB Occupational v. RHA Health Ser Inc

Court of Appeals for the Third Circuit · Aug 23, 2007

Rather, it contended that the jury’s punitive damages verdict should be overturned altogether because CGB had failed to establish the necessary elements of its tortious interference claims. CGB I, 357 F.3d at 383. … The District Court concluded that Sunrise’s continuance request was “clearly the product of bad planning and, mostly likely, bad faith,” and we upheld that ruling. CGB I, 357 F. 3d at 391.

In Re Minarik v.

Court of Appeals for the Third Circuit · Feb 3, 1999

a new ch apter 154 of Title 28 governing habeas proceedings against qualifying states in capital cases found in S 107 of the Act. … Scanlon, 473 U.S. 234, 242 (1985) (requiring "an intention unmistakably clear in the language of the statute" as satisfactory evidence that Congress focused on and decided to abrogate Eleventh Amendment immunity).

Luis Jimenez Villa v. Attorney General United States

Court of Appeals for the Third Circuit · Aug 8, 2018

exceptional and extremely unusual hardship to the applicant’s spouse, parent, or child who is a citizen of the United States. 1 The Immigration Judge declined to grant cancellation of removal, concluding Kevin did not qualify … Because we decide this case on other grounds presented in the record, we need not address these arguments. 7 The language in 8 U.S.C. § 1101(a)(35) clearly states that a proxy marriage does not give rise to a

Aslam v. Attorney General of United States

404 F. App'x 599 · Court of Appeals for the Third Circuit · Dec 17, 2010

Keck, 172 U.S. 434 (1899), in which the Supreme Court found “clearly insufficient” the language of an indictment under the precursor statute to 18 U.S.C. § 545, which merely alleged that the importation of diamonds was … Consequently, the burden for establishing a prima facie case for asylum (“a “realistic chance” that the petitioner can at a later time establish that asylum should be granted,” see Guo, 386 F.3d at 564) is lower than the

Brewer v. Quaker State Oil Rfng. Corop.

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

In order to establish a prima facie case, Brewer must show that he: (1) is over 40; (2) is qualified for the position in question; (3) suffered an adverse employment decision; and (4) was replaced by a sufficiently younger … We cannot say the district court applied the incorrect legal standard, nor were its factual findings clearly erroneous.

Bayer Chemicals Corp. v. Albermarle Corp.

171 F. App'x 392 · Court of Appeals for the Third Circuit · Mar 21, 2006

“Under Rule 12(c), judgment will not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is entitled to judgment as a matter of law.” Id. … Code Ann. § 8.1A-303(d) (stating that course of performance evidence “may give particular meaning to specific terms of the agreement, and may supplement or qualify the terms of the agreement”).

United States v. Lake

Court of Appeals for the Third Circuit · Jul 21, 1998

Lake contends that the evidence failed to establish that the gun was not a toy. Appellant's Br. at 18. … This instruction was accurate, and although the court refused to give Lake's requested instruction reiterating all of the elements of the carjacking offense, the court's refusal clearly does not justify reversal.

Northeast Women's Center v. Mcmonagle

889 F.2d 466 · Court of Appeals for the Third Circuit · Nov 9, 1989

Similarly, the appellate court may not reverse where the trial court employs correct standards and procedures, and makes findings of fact not clearly erroneous. … Sec. 15 (a). 15 We note that the plaintiff established RICO liability as to twenty-six of the thirty-one defendants who remained in the case at trial.

Robert McManus v. Walgreens Co

Court of Appeals for the Third Circuit · Nov 6, 2023

To qualify under that category, a movant must establish by clear and convincing evidence “that the adverse party engaged in fraud or other misconduct, and that this conduct prevented the moving party from fully and fairly … For this type of evidentiary ruling to be an abuse of discretion, the ruling must have been “arbitrary, fanciful[,] or clearly unreasonable,” such that “no reasonable person would adopt the District Court’s view.”

Abraham v. Raso

183 F.3d 279 · Court of Appeals for the Third Circuit · Jul 26, 1999

Abraham was pronounced dead upon arrival at Cooper Hospital. 11 To establish Cherry Hill's liability under Monell v. … We note that the parties have not raised or discussed in any way whether state law could, for the purposes of state tort liability, allow officers greater immunity for using force than the Fourth Amendment permits.

Woessner v. Air Liquide, Inc.

242 F.3d 469 · Court of Appeals for the Third Circuit · Mar 7, 2001

On January 7, 1999, the Court granted the motion of International Switchboar d to establish that the law of Delaware will gover n the determination of liability. … Clearly New York _________________________________________________________________ 3.

Tolan v. Temple Health System Transport Team, Inc.

557 F. App'x 132 · Court of Appeals for the Third Circuit · Feb 18, 2014

Tolan also testified at her deposition that he “clearly told me that there were not [sic] complaints about me and I was not failing my PHRN.” … Under that familiar test, the plaintiff must first establish a prima facie case of discrimination by showing that: (1) s/he is a member of a protected class; (2) s/he was qualified for the position s/he sought

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.

Davis v. Thornburgh

903 F.2d 212 · Court of Appeals for the Third Circuit · Jun 22, 1990

In short, she had nothing to gain with respect to Angela by establishing that the procedures she challenges were invalid. … The majority is right in stating that these cases do not establish that a natural parent whose parental rights have been (involuntarily) terminated have visitation rights, at 219, but neither do these, or any case establish