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United States Third Circuit - February 2005 Opinion Summaries

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Description Date Docket #
INT'L FIN. CORP. v. KAISER GROUP INT'L INC.
United States Third Circuit
Bankruptcy Law, Civil Procedure 
In bankruptcy actions, 11 U.S.C. section 106 limits the scope of waiver of sovereign immunity, predicated on the filing of a proof of claim, to... 		02/25/2005 04-1634
BARRIOS v. ATTY GEN. US
United States Third Circuit
Immigration Law 
A motion to reopen that has not been intentionally delayed and has been filed prior to the date of voluntary departure, but not acted upon by the... 		02/25/2005 03-3211
BANKS v. BEARD
United States Third Circuit
Constitutional Law, Criminal Law & Procedure 
The district court erred when it upheld a correctional institution's policy, which banned inmates' access to newspapers, magazines and photographs... 		02/25/2005 03-1245
US v. PELULLO
United States Third Circuit
Criminal Law & Procedure, Evidence 
Defendant's conviction and sentence for embezzlement are reinstated where the district court's grant of a new trial was erroneously based on an... 		02/25/2005 02-2710, 02-2808, 02-2957
GOV'T OF THE VIRGIN ISLANDS v. ROSA
United States Third Circuit
Criminal Law & Procedure 
Defendant's conviction for first degree murder is reinstated where the district court erroneously held that there was a reasonable likelihood that the... 		02/24/2005 04-1846
WHEELER v. HAMPTON TOWNSHIP
United States Third Circuit
Labor & Employment Law 
In a suit for overtime pay under the Fair Labor Standards Act (FLSA), judgment in favor of defendant-Township is reversed where the FLSA does not... 		02/24/2005 04-1728
US v. DENTSPLY INT'L, INC.
United States Third Circuit
Antitrust & Trade Regulation 
Defendant-artificial teeth manufacturer's exclusivity policy, which discouraged its dealers from adding competitors' teeth to their lines of products,... 		02/24/2005 03-4097
HUBBARD v. TAYLOR
United States Third Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure 
Dismissal of plaintiff-pre-trial detainees' claim of unconstitutional confinement is reversed where the district court improperly analyzed their claim... 		02/23/2005 03-2372
US v. PRUDEN
United States Third Circuit
Criminal Law & Procedure, Sentencing 
The district court erred in requiring, as a condition of his supervised release, that defendant obtain mental health counseling at the discretion of... 		02/23/2005 04-1863
US v. ORDAZ
United States Third Circuit
Criminal Law & Procedure, Sentencing 
Defendant's sentence for a drug conviction is vacated where it was impermissible for the district court, as opposed to a jury, to make a finding as to... 		02/23/2005 04-1671

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