Case law

In Re: Cendant Corp Prides Litigation

243 F.3d 722 · Court of Appeals for the Third Circuit · Mar 21, 2001

This was intend to assur e that the largest possible portion of any recovery remained with participating class members, or conversely that qualified lead counsel took the least possible sums … had not demonstrated that it had been r esponsible for the procedure utilized by the District Court or that its actions had resulted in a reduction of Kirby's fees from $34 million to $19 million--findings which are not clearly

United States v. Dawan McBride

376 F. App'x 232 · Court of Appeals for the Third Circuit · Apr 14, 2010

(PSR ¶¶ 30, 33, 34.) 3 Under the ACCA, convictions qualify an offender for ACC status based on the maximum term prescribed by the statute under which the offender was previously sentenced. … “We review credibility determinations, like other factual findings, under a clearly erroneous standard.” Grider v.

United States Court of Appeals, Third Circuit

789 F.2d 196 · Court of Appeals for the Third Circuit · May 23, 1986

Camiel is clearly distinguishable from the case before us as there is no evidence of antagonistic groups. … Clearly, the jury did not believe Stoneman's explanations of his actions. We find that the jury could properly infer guilt from the evidence presented. See United States v.

Enterprise Energy Corp. v. United States Ex Rel. I.R.S. (In Re Columbia Gas System Inc.)

50 F.3d 233 · Court of Appeals for the Third Circuit · Mar 10, 1995

The settlement agreement established the terms of these contracts, including increasing the price TCO would pay to the class members. … The contract was clearly executory on TCO's side when it filed for bankruptcy, a point both parties appear to accept.

United States v. Panarella Jr.

Court of Appeals for the Third Circuit · Jan 11, 2002

A public official who deliberately chooses to lie about an income source in violation of a criminal law clearly imposing a duty to disclose does so at his peril. … Margiotta, 688 F.2d 108, 140 (2d Cir. 1982) (Winter, J., dissenting) (fearing that "[a] partisan political leader who throws decisive support behind a candidate known to the leader to be less qualified than his or her opponent

United States v. Stevens

Court of Appeals for the Third Circuit · Aug 14, 2000

S 5K2.0 provides in relevant part: "[T]he sentencing court may impose a sentence outside the range established by the applicable guidelines, if the court finds that there exists an aggravating or mitigating circumstance … This was clearly a discretionary decision.

United States Court of Appeals, Third Circuit

844 F.2d 1007 · Court of Appeals for the Third Circuit · Mar 31, 1988

Clearly the Virgin Islands Government achieved significant benefits for itself. … WICO is obviously not immune from generally applicable police power measures not inconsistent with the Second Addendum.

McKeesport Hospital v. Accreditation Council for Graduate Medical Education

24 F.3d 519 · Court of Appeals for the Third Circuit · May 17, 1994

The ACGME's relationship to the state is clearly distinguishable. … Moreover, because the public interest in having qualified surgeons is a strong interest weighing in the ACGME's favor, I believe that McKeesport would have had to make a very strong showing of likelihood of success in order

Dixon Ticonderoga Co. v. Estate of O'Connor

248 F.3d 151 · Court of Appeals for the Third Circuit · Apr 23, 2001

Judge Bassler wrote that Dixon "clearly had knowledge of a claim for damages [against O'Connor] in either 1985 or at the latest, 1986." … Joyce (on behalf of Dixon) clearly manifested such an intent when, in 1989, he sought Friedman's advice about the possibility of suing O'Connor for malpractice.

United States v. Jake Kelly

663 F. App'x 222 · Court of Appeals for the Third Circuit · Oct 5, 2016

[S]uch inaction simply does not qualify as reasonable diligence.” Id. Following remand, the District Court sentenced Kelly to 180 months of imprisonment, and our Court affirmed the conviction and sentence. … To establish a claim of ineffective assistance of counsel, a defendant must show that (1) counsel’s conduct was deficient, and (2) the deficiency resulted in prejudice to defendant.

Resolution Trust Corp. v. Fidelity & Deposit Co. of MD,et al. (Part I)

Court of Appeals for the Third Circuit · Feb 4, 2000

That is, you know, clearly weird. That's just not the way things worked in the real world, it's just not the way it works. App. at 352. … See Hudson United, 653 F.2d at 777-78; see generally 9 Wigmore, Evidence S 2593 (Chadbourn rev. 1981) (discussing effect of judicial admissions and explaining that statement qualifying as a judicial admission generally is

Parminder Singh v. Attorney General United States

713 F. App'x 95 · Court of Appeals for the Third Circuit · Nov 15, 2017

The IJ denied Singh’s application, determining that he could not make a positive credibility finding because, although Singh’s “testimony was generally consistent, he filed clearly fraudulent documents in support of his … Establishing past persecution creates a rebuttable presumption of a well-founded fear of future persecution. Id. § 1208.13(b)(1); see also Garcia, 665 F.3d at 503.

United States v. Eleven Vehicles

200 F.3d 203 · Court of Appeals for the Third Circuit · Jan 11, 2000

The Ivys’ initial fee request clearly covered only fees and expenses incurred through September 26, 1996. … Regardless of whether overnight courier service qualifies as service by mail, the Government’s opposition was not timely. 11 Nevertheless, the district court appears to have considered the arguments made therein.

United States v. Hugh

236 F. App'x 796 · Court of Appeals for the Third Circuit · Jun 14, 2007

It is clearly hearsay as defined in Fed. R. Evid. 801(c) and clearly does not come within any of the three exceptions carved out by Rules 801(d)(1)(A), (B) or (C). … But the ease with which the jury’s request could have been honored and the obvious propriety and fairness in doing so lead me to conclude that the decision not to reopen qualifies.

Redland Soccer Club, Inc. v. Department of Army of United States

55 F.3d 827 · Court of Appeals for the Third Circuit · May 15, 1995

The court denied the United States' request for partial summary judgment based on sovereign immunity, and denied the motion in all other respects. … district court clearly erred in upholding a finding of causation and entering judgment for the plaintiff. Id.

Pinto v. Reliance Std. Life Ins. Co.

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

Our rule is also informed by the understanding that "smoking gun" direct evidence of purposeful bias is rare in these cases so that, without more searching review, benefits decisions will be virtually immunized. … We do not denigrate the Seventh Circuit's suggestion that if a carrier denied clearly meritorious claims on a regular basis and _________________________________________________________________ 5.

United States Court of Appeals, Third Circuit

912 F.2d 672 · Court of Appeals for the Third Circuit · Oct 10, 1990

Essentially we sought to determine if we could exercise jurisdiction over an appeal based upon the well established rules codified in 28 U.S.C. … The court should clearly articulate the reasons and factors underlying its decision to grant 54(b) certification. "...

Royce v. Hahn

Court of Appeals for the Third Circuit · May 29, 1998

Both of his previous convictions, however, clearly qualified as crimes of violence under section 924(c)(3), the guidelines and the Bureau's regulation. … Wolpoff and Abramson, 5 F.3d 649, 655 (3d Cir. 1993). 14 Unlike the situation in Stiver and Jacks, this case does not implicate a duly promulgated regulation that purports to establish the

Coregis Ins Co v. Baratta & Fenerty

Court of Appeals for the Third Circuit · Aug 29, 2001

Although the moving party bears the initial burden of demonstrating the absence of genuine issues of material fact, the non-movant must establish the existence of each element of his case. Celotex Corp. v. … Moreover, we agree with the District Court that"the Lee letter would clearly put a reasonable attorney in the same position as Baratta on notice that the Lees were frustrated about more than just the dismissal of their medical

Steamfitters Local Union No. 420 Welfare Fund v. Philip Morris, Inc.

171 F.3d 912 · Court of Appeals for the Third Circuit · Mar 29, 1999

The plaintiffs clearly could not go at will to the employers who funded their health plans for a replenishment any time they needed more money. … The harm to McCready and her class was clearly foreseeable; indeed, it was a necessary step in effecting the ends of the alleged illegal conspiracy.