Case law

Smith v. Natl Collegiate

Court of Appeals for the Third Circuit · Mar 16, 1998

In our view, a fair reading of the complaint establishes that it asserts an action for damages under Title IX. See Franklin v. Gwinnett County Pub. … The Rehabilitation Act states that [n]o otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of her or his disability

United States Court of Appeals, Third Circuit

734 F.2d 133 · Court of Appeals for the Third Circuit · Jun 4, 1984

The district court clearly erred in focusing on impact on consumers in determining there was no per se violation. … The district court clearly erred in determining that there was insufficient evidence to go to the jury on the per se group boycott claim. 2 D. 40 Appellees Crown Life and Lloyd argue that, in any event, they are immune from

Torres v. Metropolitan Life

Court of Appeals for the Third Circuit · Jul 1, 1999

MetLife does not dispute that Torres qualifies as a prevailing party. … See El Club Del Barrio, 735 F.2d at 100 (rejecting a "silence equals waiver" rule because it "pays inadequate attention to the presumption established in Hensley and Piggie Park in favor of prevailing civil rights plaintiffs

Rogers v. American Can Company

305 F.2d 297 · Court of Appeals for the Third Circuit · Jun 26, 1962

are specifically excluded from the decision in United Copper. 53 There remains the Court's objection to the suit on the procedural ground that the remedy of a stockholder seeking to enforce rights of his corporation was clearly … each case and the rule must be applied practically and flexibly to the end that while corporations and their officials are to receive reasonable measures of protection against strike suits, they are not to be substantially immunized

Fa Lin v. Atty Gen USA

Court of Appeals for the Third Circuit · Oct 22, 2010

Accordingly, Lin did not qualify for asylum or withholding of removal. The IJ found Lin incredible for several reasons. … Applying a clearly erroneous standard to the IJ’s credibility determination, see 8 C.F.R.

Dimuzio v. Resolution Trust Corp.

68 F.3d 777 · Court of Appeals for the Third Circuit · Oct 20, 1995

Interested pre-qualified buyers were invited to travel to Florida to visit a GDC community and to choose a home from among numerous GDC models. … Clearly if Carteret acquired the loans with such knowledge, it took them subject to the claims and defenses of the defrauded borrowers.

Shawn Wilmoth v. Secretary of the State of New

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

Ann. § 19:23-11 was constitutional because, in its view, New Jersey’s “goal [of] ensur[ing] the integrity of [its] election [system] through the use of the SVRS . . . clearly outweigh[ed] the adverse effect[s] on Wilmoth … at 434 (quoting Anderson, 460 U.S. at 788), then “the State need not establish a compelling interest to tip the constitutional scales in its direction.” Id. at 439.

United States v. Geevers

Court of Appeals for the Third Circuit · Aug 18, 2000

The guideline clearly precludes granting a downward departure in situations in which the attempted conduct was prevented solely through the intervention of the victim or law enforcement. … Geevers maintains that he qualifies for this reduction because he had not drawn the full amount of money that he falsely deposited at _________________________________________________________________ 9.

United States v. Brian Nestor

Court of Appeals for the Third Circuit · Jan 6, 2025

In addition, Nestor, surmising that the “miscellaneous computer accessories” he referenced in his Rule 41(g) motion were lost, sought an evidentiary hearing to establish chain of custody. … Rogers, 570 F.3d 146, 152 (3d Cir. 2009) (“A district court abuses its discretion when ‘its decision rests upon a clearly erroneous finding of fact, an errant conclusion of law or an improper application of law to fact

Greenleaf v. Garlock, Inc.

174 F.3d 352 · Court of Appeals for the Third Circuit · Apr 26, 1999

Under the law of the jurisdiction, B cannot appeal at this point as there is no judgment that qualifies as final for that purpose; an appealable judgment would be reached later, when, in the second … Section 28 establishes various exceptions to the doctrine of issue preclusion.

Saxe v. State College Area School District

240 F.3d 200 · Court of Appeals for the Third Circuit · Feb 14, 2001

While some Fraser-type speech may fall within this definition, the Policy’s scope is clearly broader. … Clearly, this law covers a much narrower range of conduct than is implicated by the SCASD Policy. .

O'Neill v. City of Philadelphia

32 F.3d 785 · Court of Appeals for the Third Circuit · Aug 5, 1994

Clearly, it is. See Williams v. … I believe that the majority's expansion of the Younger abstention doctrine is clearly unwarranted.

Patriot Party of Allegheny County v. Allegheny County Department of Elections

95 F.3d 253 · Court of Appeals for the Third Circuit · Sep 9, 1996

The Court recognized that the State’s ban on endorsement by the party leadership was “clearly a restraint on the right of association,” id. at 225 , 109 S.Ct. at 1021 (citing Citizens Against Rent Control/Coalition for Fair … In Williams , the Court reviewed state election laws that made it “virtually impossible for any party to qualify on the ballot except the Republican and Democratic Parties.” 393 U.S. at 25 , 89 S.Ct. at 8.

Duffey v. Lehman

Court of Appeals for the Third Circuit · Jan 16, 1996

. § 848(q)(4)(B) to qualified counsel in "any post-conviction proceeding under sections 2254 or 2255 of Title 28" and a district court's jurisdiction under 28 U.S.C. § 2251 to enter a stay of execution "in a habeas corpus … We will not disturb this finding because it is "well-established that `[w]here there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous'", and in a battle of experts

Rossi v. Standard Roofing Inc (Part II)

156 F.3d 452 · Court of Appeals for the Third Circuit · Sep 9, 1998

As explained above, because Rossi's allegations qualify for per se treatment, the second and third prongs of the four-part antitrust prima facie case are conclusively presumed. … Thus, it is not clearly evident that Rossi's salesfigures with ABC (or Standard) would necessarily be higher than with Rossi Roofing. 22.

Pennsylvania Higher Education Assistance Agency v. Faish

Court of Appeals for the Third Circuit · Nov 28, 1995

Additionally, Faish's degree qualifies her for promotion and/or more favorable employment. In re Faish, No. 93-01686, slip op. at 5 (Bankr. M.D. Pa. … The Brunner test is the most logical and workable of the established tests.

Rush v. Scott Spec Gases Inc

Court of Appeals for the Third Circuit · May 14, 1997

Rush contends, and Scott 4 agrees, that it did not consider Rush for this promotion, explaining that in its view Rush was not qualified for this position. … In considering this issue, we note that the parties in their briefs do not clearly delineate between the record on the motion for summary judgment and the record at trial.

Federal Mogul-Global Inc. v. Official Committee of Unsecured Creditors

348 F.3d 390 · Court of Appeals for the Third Circuit · Oct 31, 2003

Equity Committee from [sic] being able to obtain adequate financial advice,” (2) that the Bankruptcy Code does not authorize the imposition of a cap on financial professionals’ compensation, and (3) that the Bankruptcy Court clearly … It is well established that “identical words used in different parts of the same act are intended to have the same meaning.” Barnhart v.

Steven A. Conner DPM P.C. v. Fox Rehabilitation Services PC

Court of Appeals for the Third Circuit · Jan 24, 2025

City of Bessemer City, 470 U.S. 564, 574 (1985) (“Where there are two permissible views of the evidence, the factfinder’s choice between them cannot be clearly erroneous.”). 39 58 F.4th 93 (3d Cir. 2023). 40 Millennium … No. 102-317, at 25 (1991), would qualify as substantial interests today.3 But I would leave that for the District Court to consider in the first instance on remand.

United States v. Raymont Wright

Court of Appeals for the Third Circuit · Jan 18, 2019

first trial that investigators chose not to test the gun for forensic evidence in an effort to cover up that they had planted the gun at the scene. 2 The parties stipulated Wright had been convicted of a qualifying … A district court abuses its discretion when it makes an errant conclusion of law, an improper application of law to fact, or a clearly erroneous finding of fact. McDowell v. Phila. Hous.