Case law

Alda Santos Gutierrez v. Attorney General United States

Court of Appeals for the Third Circuit · Nov 7, 2018

Dec. 227 (BIA 2014), which established that an asylum applicant must show that a proposed social group not only shares an immutable characteristic, but also is “particular” and “socially distinct.” Id. at 240. … Santos’s Familial Ties Both the BIA and several circuits have recognized that a family may qualify as a particular social group, even under the BIA’s “particularity” and “social distinction” requirements.

Lines v. Larkins

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

Lines' Due Process Rights were violated (1) when the prosecutor refused, despite demand, to disclose that John Gabriele had been immunized and (2) when the prosecutor permitted John Gabriele to … Horn, 126 F.3d at 213, the aforementioned considerations combine to convince us that Lines is now "clearly foreclosed" from further state court review of his claims.

Sean Prince v. Atty Gen USA

Court of Appeals for the Third Circuit · Aug 17, 2010

The BIA determined that the IJ did not clearly err in finding that Prince’s 1989 conviction constituted one involving a controlled 3 The report did not list Prince’s arrests and convictions in New Jersey. … The BIA reasoned as follows: It is the respondent’s burden to affirmatively establish his eligibility for relief.

Alan Simons v. John Brown

Court of Appeals for the Third Circuit · Feb 1, 2022

The “reasonably” qualifier is important: there is no ambiguity if one of the two proffered meanings is unreasonable. See Murphy v. … Rather, the arbitrator[’s] decision must fly in the face of clearly established legal precedent, such as where an arbitrator appreciates the existence of a clearly governing legal principle but decides to

Coalition to Save Our Children v. State Board of Education

90 F.3d 752 · Court of Appeals for the Third Circuit · Jul 24, 1996

Rossell's thorough analysis, it is not clearly erroneous. … With such support in the record, these findings cannot be clearly erroneous.

Coady v. Vaughn

Court of Appeals for the Third Circuit · May 31, 2001

The new parole guidelines are said to operate not as "mere guideposts" but rather as criteria qualifying under our jurisprudence as "laws" for the purposes of the ex post facto clause. See United States ex rel. … Thus, he has clearly raised a challenge to "actions of the board taken pursuant to changed statutory requirements" and he clearly has a state court remedy with respect to that claim which he has not exhausted.

Berkshire Fashions, Inc. v. The M.V. Hakusan II

954 F.2d 874 · Court of Appeals for the Third Circuit · Jan 23, 1992

Despite the veneration accorded the statement that a contract must be “wholly” maritime for a court to assert admiralty jurisdiction over it, courts have repeatedly qualified that rule in two ways. … the same where Congress has raised the *888 amount-in-controversy requirement. 10 Because the amount in controversy required at the time Berkshire filed its original complaint was only $10,000, the damages alleged here clearly

Graham Architectural Products Corporation v. National Labor Relations Board

697 F.2d 534 · Court of Appeals for the Third Circuit · Mar 31, 1983

Logic and reason dictate that we review the remedy and reverse it when no right establishing that remedy has been shown. … The important point is that Nash clearly communicated to Stambaugh that she need not respond to the inquiry 6 See Midwest Stock Exch., Inc. v.

Vetrotex Certainteed Corp. v. Consolidated Fiber Glass Prod. Co.

Court of Appeals for the Third Circuit · Jan 26, 1996

Understandably, Vetrotex agreed at oral argument that none of these findings of fact are clearly erroneous. See North Penn Gas v. … As such, the district court's factual findings will not be disturbed unless clearly erroneous.").

United States v. Ricardo Ramos

397 F. App'x 767 · Court of Appeals for the Third Circuit · Oct 13, 2010

Moreover, a defendant need not have sole possession of an item in order for the government to establish constructive possession of it. … The evidence at trial established that Ramos exercised dominion and control over the drugs and the gun.

United States v. Dennis Hicks

403 F. App'x 709 · Court of Appeals for the Third Circuit · Dec 6, 2010

The testimony introduced at the suppression hearing clearly established that the police acted appropriately in initially detaining Hicks for an investigative stop pursuant to Terry v. Ohio, 392 U.S. 1 (1968). … Bordallo, 857 F.2d 519, 523 (9th Cir. 1988), the Court of Appeals for the Ninth Circuit commented that the defendant's right to be present “does not mean . . . that the judge of a court cannot organize his court and qualify

Rice v. U S Dept ATF

Court of Appeals for the Third Circuit · Oct 18, 1995

See Robertson, 503 U.S. at 440 (Congress "may amend substantive law in an appropriations statute, as long as it does so clearly."); Johnson v. … The initial determination that Rice qualifies for relief from his firearm disability involves the exercise of BATF's discretion and relies on BATF's expertise——two factors that favor strict application of the exhaustion

Alexander v. Whitman

114 F.3d 1392 · Court of Appeals for the Third Circuit · May 23, 1997

part of its mother before birth and does not have a separate existence or personality. .Perhaps realizing the import of its holding that a child is in existence from the moment of conception, the New Jersey Supreme Court qualified … Casey, clearly acknowledged the advances in medical knowledge since Roe .

In Re: Prudential Insur.

Court of Appeals for the Third Circuit · Jul 23, 1998

>absentee class members established in Zahn. … The objection is clearly without merit.

2-J Corporation v. Tice

126 F.3d 539 · Court of Appeals for the Third Circuit · Oct 2, 1997

Id. at 820. 5 East River constitutes an expansion of the economic loss doctrine because it precludes recovery for what is clearly physical damage to property, i.e., damage to the product … That analysis ultimately established the time of sale to the initial user as the critical point for determining whether added features are part of "the product itself" or "other property."3 _______________________________

United States v. Moskow, Sigmund

588 F.2d 882 · Court of Appeals for the Third Circuit · Nov 30, 1978

"The Court has repeatedly emphasized that 'a guilty plea for federal purposes is a judicial Admission of guilt conclusively establishing a defendant's factual guilt.' Lefkowitz v. … The Court observed: 50 A burning building clearly presents an exigency of sufficient proportions to render a warrantless entry "reasonable."

United States v. Mario Oliva

Court of Appeals for the Third Circuit · Oct 16, 2019

“[T]he determination of whether a particular crime qualifies as a ‘crime of violence’ under § 924(c) depends upon both the predicate offense . . . and the contemporaneous conviction under § 924(c).”28 Therefore, we have … The District Court Did Not Clearly Err When, During Rebuttal Summation, It Struck the Government’s Suggestion that Palencia Could Have Called a Handwriting Expert and Issued a Curative Instruction to

Bonenberger v. Plymouth Township

132 F.3d 20 · Court of Appeals for the Third Circuit · Dec 17, 1997

We must also apply our precedent in Title VII sexual harassment cases, reaffirming the established distinction between quid pro quo and hostile work environment claims. … Clearly, an employer should not be permitted to evade so easily the statutory protections against discrimination.

Courtney v. La Salle University

124 F.3d 499 · Court of Appeals for the Third Circuit · Aug 26, 1997

S 1625.11(e)(3). 7 establish compliance with the exemption because the decision of the state appellate court established that the term of Halpin's contracts was for one year only. … Halpin has the burden of establishing the equitable tolling exception. Ross v. Buckeye Cellulose Corp., 980 F.2d 648, 661 (11th Cir. 1991) (plaintiffs have burden of establishing equitable tolling in Title VII case).

Parents United for Better Schools, Inc. v. School District of Philadelphia Board of Education

148 F.3d 260 · Court of Appeals for the Third Circuit · Jul 9, 1998

Code S 23.84(b) ("Children need not be immunized if the parent, guardian or emancipated child objects in writing to the immunization on religious grounds or on the basis of a strong moral or ethical conviction similar to … It has merely established a voluntary birth control clinic.