Case law

Nicholson v. Commissioner IRS

Court of Appeals for the Third Circuit · Jul 24, 1995

It is clearly established that the fact that the respondent loses a significant issue, whether by 10  concession or after trial, is not determinative that her position was … moreover, that he was not protected by any guarantees or stop loss agreements--argued in the proceedings below that the peculiarities of the leasing agreement involved "other similar arrangements" sufficient to render him immune

Milton Clark, Frederick W. Rost, St. Regis Apartments, Ltd., a California Limited Partnership, Melvin Balser, Managing Agent, on Behalf of Themselves and All Others Similarly Situated, in No. 77-1662, Philadelphia Gas Works, Plaintiff-Intervenor v. Gulf Oil Corporation and Texas Eastern Transmission Corporation. Theodore Q. Thompson and Jamestown Village Apartments, Ltd., a California Limited Partnership, Melvin Balser, Managing Agent v. Gulf Oil Corporation, Philadelphia Electric Company and Texas Eastern Transmission Corporation. Appeal of Philadelphia Gas Works, Plaintiff-Intervenor in No. 77-1661

570 F.2d 1138 · Court of Appeals for the Third Circuit · Dec 30, 1977

Kohler Die and Specialty Co., 228 U.S. 22, 25 , 33 S.Ct. 410 , 57 L.Ed. 716 (1913), and the plaintiffs in this suit have clearly chosen to rely on federal law. 15 Gulf supports its contention that the allegation of breach … Section 7(e), 15 U.S.C. § 717f(e) (1970), provides in pertinent part: (A) certificate shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operation, sale (or) service . . . covered

Karolyn Sheckells v. Atty Gen USA

Court of Appeals for the Third Circuit · Jun 11, 2010

That provision clearly implicates Sheckells’ drug conviction. … We review the Agency’s legal conclusions de novo, subject to established principles of deference. See Smriko v. Ashcroft, 387 F.3d 279, 282 (3d Cir. 2004).

United States v. Fiorelli

Court of Appeals for the Third Circuit · Jan 6, 1998

Some said they wanted to assure themselves of a good supply of qualified union workers or to avoid trouble over their having used non- union workers. … None of these findings is clearly erroneous.

Mcneil v. Cuyler

782 F.2d 443 · Court of Appeals for the Third Circuit · Feb 4, 1986

Counsel for the defendant did not even attempt to bring forth the clearly proper evidence that Walker had been convicted of assault with intent to kill. … both bench and bar have resisted certification procedures designed to regulate and improve the quality of the trial bar, content to indulge in the fiction that a graduate of a law school who has passed a bar examination is qualified

United Jersey Bank v. Miller (In Re C.S. Associates)

29 F.3d 903 · Court of Appeals for the Third Circuit · Jul 20, 1994

This [c]ourt's standard of review is clearly erroneous as to findings of fact by the bankruptcy court, and plenary as to conclusions of law." … These facts alone establish that UJB was conferred with a benefit by the delays effected by the sale process, which also caused the taxes to accrue.

Neal Ex Rel. Kanter v. Casey

43 F.3d 48 · Court of Appeals for the Third Circuit · Dec 15, 1994

Actions requesting declaratory and injunctive relief to remedy conduct directed at the class clearly fit this mold. … However, this case is clearly distinguishable.

Rajabi v. Attorney General United States of America

553 F. App'x 251 · Court of Appeals for the Third Circuit · Feb 3, 2014

On remand, the IJ determined that Rajabi failed to establish that she was entitled to deferral of removal under the CAT, in part because she did not provide sufficient testimony or other evidence to prove that it was more … This language is clearly directed both at past conduct and ongoing behavior.

Bordes v. Commissioner of Social Security

235 F. App'x 853 · Court of Appeals for the Third Circuit · May 18, 2007

Hearings, Appeals and Litigation Law Manual (“HALLEX”) provides that “[a] person claiming a right or benefit under titles II, XVI, and XVIII of the Social Security Act (the Act), as amended, may appoint an attorney or other qualified … She contends that benefits should have been awarded because the Maker and Vassallo reports “clearly demonstrate that [she] has impairments which significantly limit her ability to do basic work activities.”

Gennadiy Nekrilov v. City of Jersey City

45 F.4th 662 · Court of Appeals for the Third Circuit · Aug 16, 2022

ii. ensure that the Short- Term Rental use is clearly 4  incidental to the principal residential uses permitted in the … These actions, the plaintiffs argue, established an expectation that they could continue to lease their properties indefinitely on a short-term basis.

Jurado-Delgado v. Attorney General of the United States

498 F. App'x 107 · Court of Appeals for the Third Circuit · Jan 15, 2009

Att’y Gen., 492 F.3d 226, 228 (3d Cir. 2007) (recognizing that petty theft qualifies as a crime involving moral turpitude); Quilodran-Brau v. … Under step one of Landgraf, nothing in the stop-time rule clearly indicates that Congress unambiguously expressed that the rule be applied retroactively.

United States v. Miller

Court of Appeals for the Third Circuit · Aug 17, 2000

The fact that the Sentencing Commission included language within certain provisions of section 2K2.1 that would clearly include trafficking, sale, or transfer offenses, but chose not to include such language within the terms … If both qualify, his base level should be reduced to level 6. The majority affirms a sentence imposed by a Judge who believed the law prevented her from even considering such matters. Respectfully, I dissent.

Caou v. Atty Gen USA

Court of Appeals for the Third Circuit · May 12, 2005

If credible, Cao’s allegations would qualify her for asylum under the amended 8 U.S.C. § 1101(a)(42), as constituting “other resistance” to China’s population control policy. … In either dollars or yuan, however, this bribe was clearly a substantial sum.

Laura Russo v. Comm Social Security

421 F. App'x 184 · Court of Appeals for the Third Circuit · Apr 6, 2011

At step three, the ALJ determined that Russo did not automatically qualify for benefits because Russo had no impairment or combination of impairments that met the criteria in the Listings. … all of [Russo’s] credibly established limitations.” Rutherford, 399 F.3d at 554.

Allen Bodine Scott v. Dr. Ingre Rudolph Plante, M. D. Allen B. Scott v. Ann Klein, Individually and in Her Official Capacities as Commissioner of Institutions and Agencies. Allen B. Scott v. Dr. Martin Weinberg. Allen B. Scott v. Gov. Brendan T. Byrne. Allen B. Scott v. Hon. Richard J. Hughes

532 F.2d 939 · Court of Appeals for the Third Circuit · Mar 29, 1976

The court established guidelines for review and stated the findings the court would require. … For these reasons, the pending cases captioned above are clearly frivolous and are accordingly dismissed pursuant to 28 U.S.C. § 1915 (d).

United States v. Kenneth Douglas

849 F.3d 40 · Court of Appeals for the Third Circuit · Feb 22, 2017

The fact that the number of flights was established through circumstantial evidence does not mean that reliance on it was error. See, e.g., United States v. … Sentencing Commission has specified that only certain acts—those violating positions of trust characterized by professional or managerial discretion and by deference to the defendant’s judgment rather than abuse of his access—qualify

United States v. Evans

Court of Appeals for the Third Circuit · Sep 3, 1998

The government submits that Evans' material misstatements on his financial affidavit, which qualified him for appointment of counsel, are directly related to his filing of fraudulent insurance claims because they represent … Gravatt, 868 F.2d 585, 588 (3d Cir. 1989) (defendant has burden of establishing financial eligibility for appointed counsel).

Young, II v. Quinlan

960 F.2d 351 · Court of Appeals for the Third Circuit · Apr 1, 1992

The unrebutted facts before us clearly show that Young was preyed upon by each of a succession of cellmates. … We vacated the district court's order on the first disciplinary hearing because Young alleged facts sufficient to establish a due process violation.

Lawrence Hodge v. Bluebeard's Castle Inc

392 F. App'x 965 · Court of Appeals for the Third Circuit · Aug 27, 2010

As to the second point, the Appellate Division found “no support” for Murnan’s theory about King’s Roads because “the record offers ... no basis on which to determine whether Murnan was appropriately qualified as an expert … Even if review in our court after remand were possible, which we highly doubt, this argument is clearly not ripe for our review since the Superior Court has not yet issued any judgment on remand.

United States v. Kevin Holland

Court of Appeals for the Third Circuit · Nov 5, 2019

First, Holland contends that the District Court erred in finding that he qualified as a career offender, notwithstanding this Court’s subsequent decision in United States v. … This argument is clearly belied by the transcript of the October 2, 2017 change of plea hearing during which the District Court continued its Welty step-one inquiry.