Case law

Green v. Philadelphia Housing Authority

105 F.3d 882 · Court of Appeals for the Third Circuit · Jan 31, 1997

To qualify as a protected activity, Green's court appearance must satisfy the Pickering balancing test. See Pickering v. Board of Educ. of Twp. High Sch. Dist. 205, Will County, 391 U.S. 563 (1968). … Adams County, Colo., 987 F.2d 1473, 1479 (10th Cir. 1993) ("The law is clearly established that the `First Amendment protects the right to testify truthfully at trial.'"). But see Wright v.

In Re: LeRoy Richards

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

Cir. 1998) ("[T]here is no qualifying language in _________________________________________________________________ 1. … The ROA states: The relations between the courts established by the Constitution or laws of the United States and the courts established by local law with respect to appeals, certiorari, removal

The First Liberty Insurance C v. M. M.

Court of Appeals for the Third Circuit · Aug 20, 2018

Federal Rule of Civil Procedure 12(c) is unlike 12(b)(6) because on a 12(c) motion, judgment will not be granted “unless the movant clearly establishes that no material issue of fact remains to be resolved and that he is … Like the District Court, we need not address whether MM’s actions qualified as an “accident” because relevant policy exclusions apply to take his conduct outside the scope of policy coverage.

Deutsch v. United States

Court of Appeals for the Third Circuit · Oct 12, 1995

We also recognize that "extreme circumstances" might justify denying an otherwise qualified affiant leave to proceed in forma pauperis. Lockhart v. D'Urso, 408 F.2d 354, 355 (3d Cir. 1969) (per curiam). … Section 1915(d) also authorizes the dismissal of a complaint as factually frivolous if a court determines that the contentions are clearly baseless. Neitzke, 490 U.S. at 325, 328.

Armour v. Beaver

Court of Appeals for the Third Circuit · Nov 21, 2001

That standard clearly was not met to the extent that employees were expected to perform extracurricular activities for the party, or were being rewarded for past services to the party. … The requirement of a governmental purpose to support political patronage 18 reflects the core holding of Elrod and Branti that a long tradition of political patronage cannot, in itself, immunize

United States v. Patrick Walker

Court of Appeals for the Third Circuit · Aug 28, 2020

First, he argues that the Government failed to present sufficient evidence to establish that he took a “substantial step” toward completing the crime of possession with intent to distribute marijuana. … Walker now argues that Agent Kuc’s “testimony regarding the meeting place change predilections of persons in drug investigations constituted expert testimony without being qualified by the Court to so testify.”17 13

United States v. Albert Savani

Court of Appeals for the Third Circuit · Apr 24, 2013

.‖ Although the qualifying amount of cocaine base necessary to trigger the mandatory minimum sentence has now been increased, the government asserts nevertheless that the duration of the statutorily required minimum sentence … That amendment, in my view, clearly states that the “applicable guideline range” of a defendant is calculated at § 1B1.1(a)(7), even if he is exposed to a statutory mandatory minimum.

Lepages Inc v. MN Mining Mfg Co

Court of Appeals for the Third Circuit · Jan 16, 2002

LePage's claims that Wal-Mart cut back on its tape purchases to qualify for 3M's bundled rebate of $1,468,835 in 1995. … In the circumstances, we conclude that this conduct does not qualify as predatory or anticompetitive so as to establish liability under section 2 of the Sherman Act.

United States v. Roman

Court of Appeals for the Third Circuit · Aug 15, 1997

"Factual findings are clearly erroneous if the findings are unsupported by substantial evidence, lack adequate evidentiary support in the record, are against the clear weight of the evidence or where the district court has … Although the identity of the substance defendants possessed need only be established by a preponderance of the evidence, "the preponderance standard is not toothless.

Manuel Ayala-Hernandez v. Attorney General United States

Court of Appeals for the Third Circuit · Aug 5, 2022

prong, the IJ must first “make[] a factual finding . . . as to how public officials will likely act in response to the harm the petitioner fears,” and next “assess[] whether the likely response from public officials qualifies … In conjunction with the evidence mentioned above (that Petitioner grew up with some of the gang members, that they beat his brother upon his return, and that they sent threats to his family), the pertinent question is clearly

Groman v. Township of Manalapan

47 F.3d 628 · Court of Appeals for the Third Circuit · Feb 16, 1995

The record clearly establishes that the police offered Groman medical assistance which he consistently and obstinately rejected. Defendants were not deliberately indifferent to Groman's medical needs. … Nonetheless, the Court's state action decisions do create some clearly distinguishable approaches to the state action issue. Henry C.

Checkpoint Sys Inc v. Check Point Software

Court of Appeals for the Third Circuit · Oct 19, 2001

The court did not clearly err in its determination. H. … source thereby receiving a "free ride on the goodwill" of the established mark.

Taylor v. Secretary HUD

102 F.3d 1334 · Court of Appeals for the Third Circuit · Dec 6, 1996

United States, 509 U.S. 602, 113 S.Ct. 2801 (1993), for the proposition "that for a measure to qualify as punishment, it need not serve solely retributive or deterrent purposes; rather, unless a sanction is solely remedial … The effects test, however, is difficult to apply because the cases do not establish a clearly defined line distinguishing between measures that are or are not punishment. Id. at 1266.

Stephen Bukowski v. Wells Fargo Bank NA

Court of Appeals for the Third Circuit · Dec 13, 2018

On September 22, 2015, Wells Fargo sent the Bukowskis a three-month, trial period plan (“TPP”) stating that the couple would qualify for a permanent HAMP modification so long as they made three timely payments “and returned … It is well established in our Circuit and elsewhere that TPPs operate as valid contracts. See Giordano, No.

William Dunn Hess Oil Virgin Islands Corp. v. Hovic Amerada Hess Corp. Keene Corporation v. The Litwin Corporation Litwin Panamerican Corp. Borinquen Insulation Co. Owens-Corning Fiberglas Corporation

1 F.3d 1371 · Court of Appeals for the Third Circuit · Jul 27, 1993

In his opinion, that article "establishe[d] that the general medical community was aware of the fact that asbestos caused cancer." … The district court's charge that the jury only award punitive damages if "plaintiff has clearly and convincingly established that the action of defendant which caused injury to the plaintiff was wanton and reckless," App.

Koss v. United States

Court of Appeals for the Third Circuit · Nov 7, 1995

United States, 792 F.2d 954, 956 (9th Cir. 1986) (district court has no jurisdiction over redetermination of estate tax liability previously established in Tax Court), cert. … Clearly, the basis of the shares in 1974 depends only on their value at the acquisition by the Kosses and not on the shares' subsequent loss in value in 1977.

United States v. Mack

Court of Appeals for the Third Circuit · Sep 29, 2000

The district court found that Mack qualified as an armed career criminal under the ACCA. … Mack's asserted shooting of Wessels is clearly covered by S 4B1.2(a)(1). 14.

New Jersey Board of Public Utilities v. Federal Energy Regulatory Commission

744 F.3d 74 · Court of Appeals for the Third Circuit · Feb 20, 2014

In order for an offer to qualify for that exemption, the state’s capacity shortfall had to be established “pursuant to a state evidentiary proceeding that includes due notice, PJM participation and an opportunity to be heard … We agree with P3 that FERC did not clearly tie the VRR Curve consistency justification to the zonal approach in the April 12 Order, and therefore P3’s argument is not waived.

In Re Unisys Corp. Retiree Medical Benefit "Erisa" Litigation

242 F.3d 497 · Court of Appeals for the Third Circuit · Mar 9, 2001

In so holding, it permits the ERISA statute of limitations to become an instrument to immunize fiduciary wrongdoing. … Enabling fiduciaries to secure immunity for their self-concealing misrepresentations by lapse of time would violate this principle. 14.

New Jersey Hosp. Assn v. Waldman

Court of Appeals for the Third Circuit · Dec 29, 1995

In order to qualify for federal financial support, a participating state must submit a "State Plan" or a change in payment methods and standards to the Heath Care Financing Administration of the Department of Health and … We cannot say that this factual finding is clearly erroneous.