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United States Third Circuit - December 2006 Opinion Summaries

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Description Date Docket #
Yurecka v. Zappala
United States Third Circuit
Evidence, Injury & Tort Law 
In a wrongful death, survival, and negligent infliction of emotional distress action arising from two automobile accidents -- the second of which... 		12/28/2006 05-2468
US v. Jones
United States Third Circuit
Criminal Law & Procedure, Health Law 
A methadone clinic worker's conviction and sentence for health care fraud are reversed and vacated, respectively, where the government did not... 		12/28/2006 05-4898
Wright v. Vaughn
United States Third Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus 
Denial of a petition for a writ of habeas corpus brought by an individual serving a life sentence for second-degree murder is affirmed where: 1)... 		12/26/2006 04-3457
Scheidemantle v. Slippery Rock Univ. State Sys. of Higher Educ.
United States Third Circuit
Civil Rights, Education Law, Labor & Employment Law 
In the context of the qualification prong of a prima facie case of discrimination under Title VII, an employer that hires someone who lacks a job... 		12/19/2006 05-3850
Morgan v. Gay
United States Third Circuit
Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, False Advertising  (Industry: Consumer Products)
Under the Class Action Fairness Act (CAFA), the party seeking to remove the case to federal court bears the burden to establish that the amount in... 		12/18/2006 06-4497
Lebegern v. Forman
United States Third Circuit
Civil Procedure, Injury & Tort Law, Remedies  (Industry: Consumer Products)
In a survival claim brought on behalf of a Pennsylvania decedent, which arose from a motor vehicle accident in New Jersey allegedly caused by the... 		12/18/2006 05-1992
US v. Fallon
United States Third Circuit
Criminal Law & Procedure, Drugs & Biotech, Sentencing  (Industry: Consumer Products)
In the context of restitution and the Mandatory Victims Restitution Act (MVRA), where the government demonstrates that a business transaction was... 		12/12/2006 03-4184
AT&T Corp. v. JMC Telecom, LLC
United States Third Circuit
Antitrust & Trade Regulation, Commercial Law, Communications Law, Contracts, International Law  (Industry: Consumer Products)
Vertical restraints are generally not per se violations of the Sherman Act, even where a distributor and manufacturer also compete at the distribution... 		12/01/2006 05-1304
United Food & Commercial Workers Union Local 1776 v. Excel Corp.
United States Third Circuit
Dispute Resolution & Arbitration, Labor & Employment Law  (Industry: Food & Beverage)
In an employment grievance arising from the termination of employees for theft and alleged subsequent post-termination misconduct, an order allowing... 		12/01/2006 05-2091, 05-2259

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