Case law

Advanced Disposal Services East, Inc. v. National Labor Relations Board

820 F.3d 592 · Court of Appeals for the Third Circuit · Apr 21, 2016

In particular, the court notes that its case law has “identified only two situations that qualify as ‘extraordinary circumstances’ under § 160(e).” Id. at 796. … Brown, 103 F.3d 1128, 1139 (3d Cir. 1997) (“Her act of signing the Investment Agreement clearly does not ratify an event which had not yet occurred. She cannot ratify an action that she is not aware of.”).

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.

Tokash v. Foxco Insurance Management Services, Inc.

548 F. App'x 797 · Court of Appeals for the Third Circuit · Dec 3, 2013

After all, she was replaced by a much younger and apparently less qualified employee, Laura Moore, to undertake her duties; Excalibur previously had laid Moore off but later had asked her to return as an employee; Excalibur … It referred to Volpe-Abdalla while citing Tokash’s testimony in which she clearly was relaying a conversation she had with Eleanor Volpe (Volpe Jr.’s mother), not Volpe- Abdalla, about her age and job prospects.

Beatty v. Danri Corp

Court of Appeals for the Third Circuit · Mar 9, 1995

The BRB ruled that Beatty had failed to establish a total disability as required by 20 C.F.R. § 718.204(c).2 According to the BRB, a claimant must establish that the miner's respiratory or pulmonary impairment is totally … Because we demonstrated in the last section that Beatty is incorrect in his assertion that the statute clearly incorporates a full contribution standard, Beatty's regulatory argument is mere bootstrapping.

M. J. G. v. Philadelphia School District

Court of Appeals for the Third Circuit · May 30, 2019

at 648.12 Whether the response was clearly unreasonable may be determined as a matter of law. … basis for student-on-student harassment “only where the 11  To prevail on an ADA claim, the plaintiff must demonstrate that she: “(1) has a disability; (2) was otherwise qualified

Pennsylvania, Department of Public Welfare v. United States Department of Health & Human Services

80 F.3d 796 · Court of Appeals for the Third Circuit · Apr 4, 1996

The broad discretion and authority vested in the Board clearly establishes that its members are officers and not employees, and the Board does not argue to the contrary. 10  Accordingly … Clearly, the Commonwealth may allocate income derived from the JCP fee in any manner it chooses.

United States v. Alan Garrett

Court of Appeals for the Third Circuit · Jun 19, 2018

We find compelling the District Court’s reasoning that hindering apprehension qualifies as a crime because it is included in New Jersey’s criminal code and is punishable by up to six months in prison.10 Garrett’s conviction … that he “not commit another federal, state, or local crime.”13 As we have just noted, Garrett’s conviction clearly fell within the definition of an illegal act.

In Re: Grand Jury

Court of Appeals for the Third Circuit · Mar 19, 1999

On October 27, 1998, the District Court issued an order immunizing the witnesses in order to overcome any Fifth Amendment obstacle to their giving testimony. … The reporters argued that the First Amendment guarantee of Free Speech and Free Press implicitly established a qualified privilege against disclosing news sources.

Zheng v. Atty Gen USA

Court of Appeals for the Third Circuit · Sep 8, 2005

. § 1251(a)(1)(H)] establishes certain prerequisites to eligibility for a waiver of deportation, it imposes no limitations on the factors that the Attorney General . . . may consider in determining who, among the class of … Because Zheng appears to have remained free on parole throughout the pendency of removal proceedings, and is free on parole now, we hold that he qualifies as an “alien paroled into the United States” under the terms of section

United States v. Andre Swinton

333 F.3d 481 · 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 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.

Westminster American Insurance v. Security National Insurance Co

Court of Appeals for the Third Circuit · Jul 7, 2023

However, just before “Section I – Coverages,” the policy explains that “[t]he word ‘insured’ means any person or organization qualifying as such under Section II – Who Is An Insured.” 13 As discussed above, the “Who Is … Co., 589 Pa. 317, 329–30 (2006) (“It is well established that an insurer’s duties under an insurance policy are triggered by the language of the complaint against the insured.”).

Young v. Federal Aviation Administration

662 F. App'x 186 · Court of Appeals for the Third Circuit · Oct 26, 2016

Salutations obtained that certification in 2013, but Young did not apply to have Paradies-Pittsburgh qualified as an ACDBE. … participation that results from a commercially useful function.” 49 C.F.R. § 23.55(a); see also § 23.55(d) (“When an ACDBE performs as a participant in a joint venture, count a portion of the gross receipts equal to the distinct, clearly

California Public Employees' Retirement System v. The Chubb Corporation

394 F.3d 126 · Court of Appeals for the Third Circuit · Dec 30, 2004

He further qualified: "We all know that you can't turn a business of this size around in one quarter, but the signs bode well for the future." (App. at 249a, 263a.) … In this case, the District Court clearly declared valid reasons for denying leave. 155 SLOVITER, Circuit Judge, Dissenting in part. 156 I join Parts I, II and III.A of the majority's thorough opinion.

Amer Intl Ins v. Lampe Gmbh

Court of Appeals for the Third Circuit · Jan 12, 2009

Since 1999, the Restatement (Third) has clearly and unambiguously required a “discharge by settlement or judgment,” and we predict that the Virgin Islands Supreme Court will give the Restatement its plain meaning. … this temporal uncertainty, accepting AIICO’s invitation to amend the Restatement would predictably lead to additional litigation between tortfeasors over which extinguishments or cessations of liability are sufficient to qualify

Johnny Pierre v. Attorney General United States

506 F. App'x 175 · Court of Appeals for the Third Circuit · Dec 17, 2012

The Board then expressed its agreement with the IJ that Pierre did not establish eligibility for relief under the CAT. … The Board concluded that the IJ’s findings of fact regarding Pierre’s potential future treatment in Haiti were not clearly erroneous.

United States v. Ronald James Clark

468 F.2d 708 · Court of Appeals for the Third Circuit · Oct 3, 1972

CLAIM 22 Appellant contends that on three separate occasions he expressed beliefs that qualified him for conscientious objector status, that knowledge of his statements should be imputed to his Local Board, that the Local … We recognize that proper functioning of the system relies upon each registrant's use of established procedures to present his claims and objections to his local board.

United States v. Byron Recinos

410 F. App'x 544 · Court of Appeals for the Third Circuit · Feb 1, 2011

Judge Kugler denied Recinos’s motion for reconsideration, stating that he was “still firmly of the opinion that this qualifies as an intentional purposeful assault.” Id. at 153. … Recinos argues that the government failed to establish that he had committed the offense with the requisite mens rea.7 Because the statute was charged in the disjunctive, an intent issue is raised.

Sandra Turner, Debra Scruggs, Jerrylean Baker, on Behalf of Themselves and All Others Similarly Situated v. Jerold Prod, Individually and in His Official Capacity as the Executive Director of the Department of Social Services of the State of California, Department of Social Services of the State of California, and Third- Party v. Margaret Heckler, Secretary of Health and Human Services, Third-Party

707 F.2d 1109 · Court of Appeals for the Third Circuit · Aug 11, 1983

The change in agency practice seems established. Whether Congress had adequate notice of that change is unclear. … When the state offsets this against the $771 grant amount, that qualifies her for $351 in AFDC funds, so that a total of $1081 comes into her household each month.

Doe v. Pennsylvania Bd. of Probation and Parole

513 F.3d 95 · Court of Appeals for the Third Circuit · Jan 23, 2008

The parties to this Compact have set forth their intentions quite clearly: It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting … This section's potential rights-creating language does not qualify as the "unambiguous confer[ralj" of rights required under Gonzaga .

Township Of Springfield v. Drew Lewis

702 F.2d 426 · Court of Appeals for the Third Circuit · Mar 22, 1983

We read this statement as a finding of fact, which we must accept unless we determine it to be clearly erroneous. 42 This, we cannot do. … Kleppe, 633 F.2d 531 (9th Cir.1980), the Davis Affidavit I does not so qualify here. See Zenith Radio Corp. v. Matsushita Elec. Ind. Co., 505 F.Supp. 1125, 1143-46 (E.D.Pa.1980); see also County of Suffolk v.