United States Third Circuit - April 2001 Opinion Summaries

BILL GRAY ENTER., INC. EMPLOYEE HEALTH AND WELFARE PLAN v. GOURLEY

ERISA
A self-funded employee benefit plan with stop-loss insurance is not deemed an insurance provider under the Employee Retirement Income Security Act, 29...

US v. YEAMAN

Criminal Law & Procedure, Sentencing
Original imposition of unduly lenient sentences and the resulting necessity of reincarceration of the defendants following correction of those...

OMNIPOINT COMMUNICATIONS ENTER, L.P. v. ZONING HEARING BD. OF EASTTOWN TOWNSHIP

Civil Procedure, Communications Law
Pennsylvania law requires courts to determine whether a law actually excludes lawful activity before finding the law to be unconstitutional, even...

CINICOLA v. SCHARFFENBERGER

Bankruptcy Law, Labor & Employment Law
Whether plaintiffs should have obtained a stay under 11 USC 363(m) before appealing an assumption and an assignment under 11 USC 365 is a moot issue...

US v. HOWERTER

Criminal Law & Procedure
Where defendant betrayed the trust of a non-profit group by using its funds for personal gain, he did not commit bank larceny in violation of 18 USC...

DIXON TICONDEROGA CO. v. ESTATE OF WILLIAM F. O'CONNOR

Professional Malpractice
Where a lawyer and putative client had a preexisting relationship involving a related matter, and the lawyer had given the putative client legal...

EICHORN v. AT&T CORP.

Antitrust & Trade Regulation, ERISA
A no-hire agreement which is a valid covenant not to compete and is reasonable in scope does not violate the Sherman Act, but may still be unlawful as...

PAGE v. BARTELS

Elections
28 USC 2284 requires that a district court of three judges, rather than a single judge, entertain applications for preliminary injunctive relief...

ALLIED ERECTING & DISMANTLING, CO., INC. v. USX CORP.

Contracts
Where a clause in a settlement agreement allows one party the right to review and match the final bids of others, but does not involve collusive price...

TICE v. CENTRE AREA TRANSP. AUTH.

Labor & Employment Law
The Americans with Disabilities Act's provisions regarding permissible and impermissible medical examinations and inquiries, 42 USC 12112(d), permit...