United States Third Circuit - March 2001 Opinion Summaries

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Description Date Docket #

US v. DIAZ

United States Third Circuit
Criminal Law & Procedure
Amendment 591 to the Sentencing Guidelines applies retroactively and US v. Smith, 186 F.3d 297 (3d Cir. 1999) remains good law, at least for sentences...
03/30/2001 00-3168

US v. WOLFE

United States Third Circuit
Criminal Law & Procedure
While threats themselves are not a "dangerous device" within the meaning of 18 USC 2113(d), threats may be considered by the jury as evidence that a...
03/29/2001 00-1942

US v. BROOKS

United States Third Circuit
Constitutional Law, Criminal Law & Procedure
The gatekeeping provisions of 28 USC 2253 do not violate the Suspension Clause because petitioners have a full and fair opportunity to test the...
03/28/2001 98-7419; 99-8043

BARBERA v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

United States Third Circuit
Administrative Law, Labor & Employment Law
Where the ALJ found proof of a present medical disability and a reasonable expectation of future loss of wage-earning capacity, the Department of...
03/27/2001 00-3212

QUICK v. NAT'L LABOR RELATIONS BD.

United States Third Circuit
Labor & Employment Law
A "union security clause" in a collective bargaining agreement does not require an employee in a purported "union shop" to continue paying union dues...
03/27/2001 99-4043, 00-3032

PRYZBOWKSI v. US HEALTHCARE, INC.

United States Third Circuit
ERISA
A claim that a HMO delayed providing benefits considers the administration of benefits, rather than the quality of medical treatment performed, so...
03/27/2001 99-5920

MONTROSE MED. GROUP PARTICIPATING SAV. PLAN v. BULGER

United States Third Circuit
ERISA
A party under an ERISA plan does not display bad faith for judicial estoppel purposes if the initial claim was never accepted or adopted by a court or...
03/22/2001 00-3430

NEW CASTLE COUNTY DE v. NAT'L UNION FIRE INS. CO. OF PITTSBURGH, PA

United States Third Circuit
Contracts, Insurance Law
Public policy demands that when insurance companies use the phrase "invasion of the right of private occupancy" without defining it, after litigating...
03/21/2001 00-5157

US v. NAPPI

United States Third Circuit
Criminal Law & Procedure
Federal Rule of Criminal Procedure 32(c)(1) requires a sentencing court to disclose all documents that it intends to rely upon at a sentencing hearing...
03/21/2001 99-6126

WELCH & FORBES, INC. v. CENDANT CORP., MERRILL LYNCH & CO.

United States Third Circuit
Attorney's Fees, Class Actions
The integrity and fairness of class settlements is threatened by excessive attorneys' fee awards such that class plaintiffs have standing to challenge...
03/21/2001 99-5555
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