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United States Third Circuit - July 2003 Opinion Summaries

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Description Date Docket #
MARIANA v. FISHER
United States Third Circuit
Antitrust & Trade Regulation, Contracts, Government Law, Health Law 
Plaintiffs sufficiently state an antitrust claim in that the national tobacco litigation Master Settlement Agreement creates an output cartel that on... 		07/30/2003 02-2906
US v. FELDMAN
United States Third Circuit
Bankruptcy Law, Criminal Law & Procedure, Sentencing 
After convictions for concealing assets and making false declarations in bankruptcy, an award of restitution is vacated so that the district court may... 		07/30/2003 02-3547
US v. FRIAS
United States Third Circuit
Criminal Law & Procedure, Sentencing 
The district court correctly construed the term "sentence imposed" under U.S.S.G. section 2L1.2(b) as meaning the maximum term of imprisonment in an... 		07/30/2003 02-3688
EXECUTIVE BD. OF TRANSP. WORKERS UNION OF PHILADELPHIA, LOCAL 234 v. TRANSP. WORKERS UNION OF AM.
United States Third Circuit
Labor & Employment Law 
Although not compelled by the language, a union's interpretation of the union Constitution was not patently unreasonable to warrant the preliminary... 		07/30/2003 02-4574
TARRAWALLY v. ASHCROFT
United States Third Circuit
Administrative Law, Civil Procedure, Immigration Law 
A court of appeals lacks jurisdiction to review an asylum petition that an Immigration Judge (IJ) or Board of Immigration Appeals (BIA) deems... 		07/29/2003 02-2951
MENDEZ-MORANCHEL v. ASHCROFT
United States Third Circuit
Administrative Law, Immigration Law 
Under 8 U.S.C. section 1229b, because the issue of whether the petitioner meets the hardship requirement for consideration of cancellation of... 		07/29/2003 02-2146
KRYSTAL CADILLAC-OLDSMOBILE GMC TRUCK, INC. v. GEN. MOTORS CORP.
United States Third Circuit
Bankruptcy Law, Civil Procedure, Contracts  (Industry: Autos)
In a breach of contract action by Chapter 11 debtor arising out of the termination of an auto franchise agreement, the Bankruptcy Court correctly... 		07/28/2003 01-2952
DIPEPPE v. QUARANTILLO
United States Third Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure, Immigration Law  (Industry: Autos)
The district court's determination, that section 212(h) of the Immigration and Nationality Act violates plaintiff's equal protection rights, is... 		07/28/2003 01-4043, 01-4096
GEN. REFRACTORIES CO. v. FIREMAN'S FUND INS. CO.
United States Third Circuit
Civil Procedure, Corporation & Enterprise Law, Injury & Tort Law  (Industry: Autos)
Under Pennsylvania law, plaintiff's complaint failed to state a claim for abuse of process, however, the district court abused its discretion in... 		07/25/2003 02-2211
ROSADO v. FORD MOTOR CO.
United States Third Circuit
Commercial Law  (Industry: Autos)
A prospective purchaser of an automobile dealership lacks standing to challenge the exercise of a manufacturer's right of first refusal, because the... 		07/23/2003 02-3356, 02-3357

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