United States Third Circuit - June 2001 Opinion Summaries

US v. BUTCH

Criminal Law & Procedure, Sentencing
The gross weight of the illicit drugs, rather than the net weight of the controlled substance in the drugs, is the appropriate weight for sentencing...

DUNCAN v. MORTON

Criminal Law & Procedure, Habeas Corpus
Where defense counsel's partnership with the shooter's attorney did not become official until after the trial of the accomplice, the accomplice cannot...

MALDONADO v. HOUSTOUN

Attorney's Fees, Civil Procedure
Where the single uncomplicated issue on appeal did not require creating or developing an original theory or analyzing obscure principles of law, ten...

MOORE v. MORTON

Criminal Law & Procedure, Ethics & Professional Responsibility
In rape case, prosecutor's closing remark that defendant had preference for women of victim's race based on race of defendant's wife and argument that...

NORDHOFF INVS., INC v. ZENITH ELECS. CORP.

Bankruptcy Law
Even if the debtor did not provide a copy of the revised plan until portions of the plan had been consummated, alleged futility does not relieve the...

US v. BROWN

Evidence
An excited utterance may itself be sufficient to establish that a startling event occurred, and the district court has discretion to decide on the...

A.D. BEDELL WHOLESALE CO., INC. v. PHILIP MORRIS INC.

Antitrust & Trade Regulation
The tobacco companies, in asking Congress to negotiate a settlement of the states' attorneys general lawsuits, are entitled to immunity from antitrust...

NEUROTRON INC. v. MED. SERV. ASS'N OF PENNSYL VANIA, INC.

Injury & Tort Law
Even if the statement in question is false, the defendant's failure to perform in-depth research rather than skimming peer review journals does not...

SHIELDS v. ZUCCARINI

Cyberspace Law, Intellectual Property, Trademark
Registering as domain names the misspellings of famous marks for purposes of profiting from consumer confusion violates 15 USC 1125(d)(1)(A)(ii)(I)...

US v. REYNOSO

Criminal Law & Procedure, Sentencing
Before a sentencing court may rely on testimonial or other evidence from an earlier proceeding, it must afford fair notice to both defense counsel and...