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United States Third Circuit - February 2003 Opinion Summaries

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Description Date Docket #
BLUEBEARD'S CASTLE, INC. v. GOVERNMENT OF THE VIRGIN ISLANDS
United States Third Circuit
Civil Procedure, Property Law & Real Estate, Tax Law 
Property taxation in the Virgin Islands is governed by a mixture of federal and territorial law, and because plaintiff has properly alleged a... 		02/28/2003 02-2807
WARE v. RODALE PRESS, INC.
United States Third Circuit
Civil Procedure, Sanctions 
After many months of acrimony, delays, and warnings, plaintiff's last-minute submission of an incomplete and unsupported damages calculation merited... 		02/28/2003 02-1533
HAUGH v. ALLSTATE INS. CO.
United States Third Circuit
Civil Procedure, Insurance Law 
Where it is unclear on the record whether plaintiff's action is time barred, and where plaintiff, the insured's assignee, adequately pled a viable... 		02/28/2003 01-4197
HAMILTON v. LEAVY
United States Third Circuit
Constitutional Law, Criminal Law & Procedure 
Although prison official defendants are not absolutely immune from Eighth Amendment charges on the ground that they acted pursuant to a court order,... 		02/28/2003 01-3062
US v. GIVAN
United States Third Circuit
Criminal Law & Procedure, Sentencing 
Denial of motion to suppress the search of a vehicle is affirmed where defendant's consent to the search was voluntary. Sentencing and ineffective... 		02/26/2003 01-2788, 01-2793
MONTGOMERY COUNTY v. MICROVOTE CORP.
United States Third Circuit
Civil Procedure, Elections, Remedies 
The District Court did not err in denying plaintiff's motion for judgment as a matter of law on the ground that the statute of limitations bars this... 		02/26/2003 01-2998 and 01-2999
COOK v. WIKLER
United States Third Circuit
Civil Procedure 
Dismissal of an appeal of a remand order, entered on the basis of a defect in removal, is proper where the district court determined that third-party... 		02/24/2003 02-1340
MICKENS-THOMAS v. VAUGHN
United States Third Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus, Sentencing 
Retroactively applying changes in parole laws, made after a conviction for a life sentence in Pennsylvania, that adversely affect the release of... 		02/21/2003 02-2047/2213
SHAEV v. SAPER
United States Third Circuit
Corp. Governance, Corporation & Enterprise Law, Securities Law 
Dismissal of a derivative lawsuit under the Securities Exchange Act of 1934, alleging that a proxy statement made false and misleading statements... 		02/21/2003 02-2206
OMNIPOINT COMMUNICATIONS ENTERS., L.P. v. ZONING HEARING BD. OF EASTTOWN TOWNSHIP
United States Third Circuit
Administrative Law, Communications Law, Constitutional Law, Cyberspace Law, Property Law & Real Estate, Public Utilities 
The proper test for determining whether a gap exists, in the ability of remote users to access the national telecommunications network under the... 		02/20/2003 02-2194

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