United States Third Circuit - July 2001 Opinion Summaries

MATHEWS v. KIDDER, PEABODY & CO., INC.

Securities Law
Where a broker overstates the expected return of certain investment funds and downplayed their inherent risks, the misrepresentations exaggerated the...

LANNI v. STATE OF NEW JERSEY

Attorney's Fees, Civil Procedure
In calculating an award of attorneys' fees, the district court must use the market rate at the time of the fee petition, not the time the services...

BERCKELEY INVESTMENT GROUP, LTD. v. COLKITT

Civil Procedure
In the absence of the district court's certification of its order as a partial final judgment pursuant to Federal Rule of Civil Procedure 54(b),...

LU v. ASHCROFT

Immigration Law
An immigrant's claim of ineffective assistance of counsel can constitute proper grounds for reopening an exclusion proceeding, but it must comply with...

SALDANA v. KMART CORP.

Ethics & Professional Responsibility
Use of vulgar language on a handful of occasions, outside the presence of the court (though directed at opposing counsel), does not rise to the level...

DOE v. DELIE

Civil Rights, Constitutional Law, Health Law
While the Fourteenth Amendment protects an inmate's right to medical privacy, subject to legitimate penological interests, where this right was not...

US v. $10,700 US CURRENCY

Asset Forfeiture, Civil Procedure, Criminal Law & Procedure
To establish probable cause to commence forfeiture proceedings under 21 USC 881(a)(6), the government must have evidence to infer that claimants were...

SOUTHCO, INC. v. KANEBRIDGE CORP.

Intellectual Property, Copyright
A part numbering system where each of nine digits describes a specific physical parameter of the part lacks the minimal level of creativity necessary...

IN RE: NEWARK MORNING LEDGER CO.

Criminal Law & Procedure
A district court may temporarily seal the initial filings and hearings concerning a contempt motion filed under Fed. R. Crim. P. 6(e)(2), pending the...

NATIONWIDE MUT. INS. CO. v. COSENZA

Insurance Law
The "dual recovery" prohibition in an automobile insurance contract, stating that an insured cannot recover benefits under both the liability coverage...