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United States Third Circuit - October 2005 Opinion Summaries

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Description Date Docket #
Citizens for Health v. Leavitt
United States Third Circuit
Administrative Law, Constitutional Law, Health Law 
A provision of the Health Insurance Portability and Accountability Act, which authorizes health care providers to use and disclose personal health...
10/31/2005 04-2550
Wilderman v. Cooper & Scully
United States Third Circuit
Attorney's Fees, Civil Procedure 
Appellate jurisdiction over a stay exists when it has the effect of a dismissal rather than the effect of delay.
10/28/2005 04-1876
Mahmood v. Gonzales
United States Third Circuit
Immigration Law 
Denial of plaintiff's motion to reopen, as untimely filed, is affirmed where he is not entitled to equitable tolling since he failed to exercise the...
10/27/2005 03-3760
Gilles v. Davis
United States Third Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure, Injury & Tort Law 
Dismissal of plaintiff's civil rights action, alleging that he was unconstitutionally arrested for disorderly conduct, is affirmed where...
10/25/2005 04-2542
US v. Lane Labs, Inc.
United States Third Circuit
Administrative Law, Consumer Protection Law, Drugs & Biotech  (Industry: Consumer Products)
A district court has the power, under the Federal Food, Drug and Cosmetic Act, to order a defendant found to be in violation of the Act to pay...
10/21/2005 04-3592
Interfaith Cmty. Org. v. Honeywell Int'l, Inc.
United States Third Circuit
Attorney's Fees  (Industry: Consumer Products)
If a prevailing party can show that it required the particular expertise of counsel from another vicinage, or that local counsel were unwilling to...
10/19/2005 04-3702
Cudjoe v. Dep't of Veteran Affairs
United States Third Circuit
Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate  (Industry: Consumer Products)
Plaintiff's suit against defendant-Department of Veterans Affairs, alleging unlawful failure to disclose lead paint contamination in an apartment, is...
10/13/2005 04-3003
Century Indem. Co. v. Congoleum Corp.
United States Third Circuit
Bankruptcy Law, Ethics & Professional Responsibility, Insurance Law  (Industry: Consumer Products)
In a Chapter 11 reorganization, evidence of pre-petition conduct by a law firm is relevant to a review of a debtor's application to retain the firm as...
10/13/2005 04-3609
Wilson v. Beard
United States Third Circuit
Criminal Law & Procedure, Habeas Corpus  (Industry: Consumer Products)
The grant of plaintiff's writ of habeas corpus is affirmed where the district court properly concluded that the district attorney engaged in...
10/13/2005 04-2461
Benn v. First Judicial Dist.
United States Third Circuit
Civil Rights, Constitutional Law, Injury & Tort Law, Labor & Employment Law  (Industry: Consumer Products)
The First Judicial District of Pennsylvania is an instrumentality of the Commonwealth of Pennsylvania and is entitled to immunity under the Eleventh...
10/12/2005 01-3769, 01-4012

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