Case law

B.L. v. Mahanoy Area School District

964 F.3d 170 · Court of Appeals for the Third Circuit · Jun 30, 2020

942 F.3d 258, 267 (5th Cir. 2019) (holding that because the court had “declin[ed] to adopt a ‘specific rule,’” its case law applying Tinker to off-campus speech “does not 26 constitute clearly-established … [and] established by ‘clear’ and ‘compelling’ evidence,” Erie Tele- comms., Inc. v.

Miguel Paz Hernandez v. Attorney General United States

Court of Appeals for the Third Circuit · May 3, 2021

Three of these challenges — Paz’s arguments (a) that the BIA engaged in improper “appellate fact finding” by relying on a fact clearly established in the record, Paz Br. 15; (b) that the agency did not give the proper … See A.R. 24-26 (IJ erred in excluding testimony of expert before his qualifications could be established). Given the issues with Dr.

United States v. Zwick

Court of Appeals for the Third Circuit · Dec 15, 1999

The Fosnight project was clearly a significant transaction within the intended reach of the statute. … Note 6 ("For example, to qualify under subsection (b)(2), the defendant must have notified authorities of his intention to enter a plea of guilty at a sufficiently early point in the process . . . ."); United States v.

United States v. Balazs Tarnai

Court of Appeals for the Third Circuit · Aug 12, 2019

Tarnai has not established the government would have allowed him to take the plea while insisting on his innocence. … Tarnai attacks this finding as clearly erroneous.

In Re: SGL Carbon Corp, [ Official Comm. of Unsec. Cred. v. Nucor Corp]

200 F.3d 154 · Court of Appeals for the Third Circuit · Dec 29, 1999

But we have noted the provision that"cause" "includ[es]" the ten enumerated factors strongly suggests those factors are not exhaustive and that a court may consider whether other facts and circumstances qualify as "cause. … The mere possibility of a future need to file, without more, does not establish that a petition wasfiled in "good faith." See, e.g., In re Cohoes Indus.

George Cordova v. Atty Gen USA

Court of Appeals for the Third Circuit · Oct 10, 2012

240A(b)(1) is available to an alien who has been physically present in the United States for at least 10 years, has been a person of good moral character, has not been convicted of a specified criminal offense, and has established … reminded Cordova and his counsel that Cordova would be required to prove that he had been in the United States for 10 years, had been a person of good moral character for 10 years, and then the focus would be on his qualifying

BP Chemicals Ltd. v. Formosa Chemical & Fibre Corp.

229 F.3d 254 · Court of Appeals for the Third Circuit · Oct 3, 2000

On the other hand, “[i]f the question is whether an individuars contract with an out-of-state party alone can automatically establish sufficient minimum contacts in the other party’s home forum, ... the answer is clearly … general rule is that in determining whether an interest is entitled to legal protection, “the applicable law will usually be the local law of the state where the injury occurred,” id. § 158 (emphasis added), the Restatement qualifies

United States v. Zehrbach

Court of Appeals for the Third Circuit · Jan 23, 1995

qualified as "full time" employment. … That decision was clearly committed to the discretion of the district court.

Seus v. John Nuveen & Co Inc

Court of Appeals for the Third Circuit · Jun 8, 1998

Lutheran Brotherhood, 993 F.2d 1253 (7th Cir. 1993), the Seventh Circuit held that S 1's three subsections ((1)-(3)) qualified the phrase"arising out of or in connection with the business of any … Seus clearly bound herself to comply with amendments to the NASD's rules, including those governing arbitration. IV.

Becker v. Arco Chemical Co

Court of Appeals for the Third Circuit · Mar 20, 2000

, and/or the prior events are not sufficiently distinct to qualify as evidence of "modus operandi." … The Seaver evidence clearly qualifies as extrinsic evidence, whether we assume that Becker introduced it to contradict Victor's testimony concerning the events which allegedly transpired at the meeting in August 1990, or

Wei Ming Chen v. Attorney General

276 F. App'x 186 · Court of Appeals for the Third Circuit · Apr 24, 2008

He contends that the IJ’s judgment should have been reversed because these findings alone establish entitlement to withholding of removal and relief under the CAT.6 We disagree. … As to the alleged forced abortion in 1993, the IJ clearly found that no marital relationship, de facto or otherwise, existed between Chen and Ms. Dong in 1993.

United States v. Cottman

Court of Appeals for the Third Circuit · Feb 18, 1998

Because his sentence placed him in Zone C, Cottman no longer qualified for a sentence of probation in lieu of imprisonment. See U.S.S.G. SS 5B1.1 & 5C1.1 (1995). … The preponderance of the evidence here clearly establishes that Cottman filled a "fencing" role, and thereby created a market for those who would steal cable boxes by force or stealth.

Irene Laurora v. Bayer Corp

Court of Appeals for the Third Circuit · Sep 7, 2022

O’Mullane’s email “clearly express[ed] his displeasure with [her] for complaining, in writing, about his discriminatory conduct,” Appellant Br. at 19, and that Dr. … She has not demonstrated, for example, that she was more qualified than the employees who were ultimately hired for either of these roles. See Porter v. Shah, 606 F.3d 809, 816 (D.C.

National Ass'n for the Advancement of Colored People v. Medical Center, Inc.

584 F.2d 619 · Court of Appeals for the Third Circuit · Aug 18, 1978

Volpe, 455 F.2d 1111 (9th Cir. 1971) (Department of Transportation ordered to file an EIS where federal approval of highway construction plans legally required in order to qualify for federal funding). … They contend: (1) that the language of the statute demonstrates that the Secretary is “clearly vested” with discretionary power under the section; (2) that the statute obligates the state agency to make “recommendations”

Senior Executive Benefit Plan Participants v. New Valley Corp.

89 F.3d 143 · Court of Appeals for the Third Circuit · Jul 15, 1996

Our precedents clearly establish the steps involved in resolving a contractual ambiguity. … (c) Dental benefits will be provided at no cost to [qualified participants]." App. at 33-34 (emphasis added).

Shreiber v. Mastrogiovanni

Court of Appeals for the Third Circuit · May 31, 2000

The government does argue that Shreiber failed to allege a cognizable constitutional violation, and that Mastrogiovanni is entitled to qualified immunity. … Even if Shreiber had alleged the comments as a separate cause of action, the comments would not necessarily establish a constitutional violation. See, e.g., Emmons v.

Watson v. Eastman Kodak Co.

Court of Appeals for the Third Circuit · Dec 21, 2000

She filed an administrative charge within 300 days of the expiration of the promotion list, but well beyond 300 days from the date of the examination and the establishment of the list. … Court also concluded that its prior grant of summary judgment in favor of Kodak on this issue was proper because Watson "presented no evidence on summary judgment that suggests that Kodak engaged in some conduct that might qualify

United States v. Brace

Court of Appeals for the Third Circuit · Nov 22, 1994

In this case, however, it is clearly reasonable to require that all or substantially all of the thirty-acre site be part of an established operation. … As we discussed above, Brace has the burden of proving both that he qualifies under Section 404(f)(1) for the normal farming activities exemption, and that the permit requirement was not "recaptured" under Section 404(

Jerry Reeves v. Superintendent Fayette SCI

897 F.3d 154 · Court of Appeals for the Third Circuit · Jul 23, 2018

Reeves’s admission that he had been lying clearly gave police reason to suspect that he might have been involved. … Just for the tape I’m not sure it got ah on there clearly, you don’t remember if you were wearing a mask or gloves? A.

E. H. v. Fair Lawn Board of Education

Court of Appeals for the Third Circuit · Sep 5, 2018

Moreover, the record clearly reflects that L.H. could not take the bus, which again, is a FAPE-required service, until a nurse was provided to administer the Diastat if needed. … However, there is no severity threshold that must be met by one’s medical condition in order to qualify as a “related service,” and none of those cases suggest otherwise.