United States Third Circuit - September 2001 Opinion Summaries

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Description Date Docket #

WERNER v. WERNER

United States Third Circuit
Civil Procedure, Securities Law
Because of the high pleading burden and strict discovery restrictions in the Private Securities Litigation Reform Act, plaintiffs must be allowed an...
09/27/2001 99-3715

AMERISTEEL CORP. v. INT'L BHD. OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AM., AFL-CIO

United States Third Circuit
Dispute Resolution & Arbitration, Labor & Employment Law
Because an unconsenting successor cannot be bound by the substantive provisions of its predecessor's agreement, an employer who has expressly refused...
09/26/2001 00-3366

US v. PHILIPOSIAN

United States Third Circuit
Criminal Law & Procedure, Sentencing
A sentence enhancement under USSG 5K2.17, possession of a high-capacity, semiautomatic firearm during a crime of violence, can apply even if the...
09/25/2001 00-3796

SINGELTARY v. PENNSYLVANIA DEP'T OF CORRS.

United States Third Circuit
Civil Procedure
Where the defendants' attorney was not assigned to this case until after the relevant notice period under Fed. R. Civ. Proc. 15(c)(3), the plaintiff...
09/21/2001 00-3579

IN RE: CARNELL TURNER

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Apprendi is not retroactive to cases on collateral review by the Supreme Court such that a defendant may file a second habeas corpus application in...
09/21/2001 00-2660

US v. WEAVER

United States Third Circuit
Civil Procedure, Constitutional Law
Exclusive reliance on voter registration lists to create a jury pool does not violate the Sixth Amendment's fair cross section of the community...
09/21/2001 00-2203

JERMYN v. HORN

United States Third Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Counsel's failure to present mitigating evidence during the penalty phase of the trial constituted ineffective assistance notwithstanding counsel's...
09/21/2001 98-9012; 98-9013

MYRIE v. COMM'R, N.J. DEP'T OF CORRS.

United States Third Circuit
Civil Rights, Constitutional Law
N.J. Stat. Ann. 30:4-15.1, providing for a ten percent surcharge on items sold through a prison commissary for deposit in the Victims of Crime...
09/21/2001 99-6059; 99-6060

US v. BARRIE

United States Third Circuit
Criminal Law & Procedure, Sentencing
Recipients of unlawfully produced Social Security cards are not participants of the conspiracy as defined by USSG 3B1.1 for purposes of an upward...
09/21/2001 00-3839

ROSS v. HOTEL EMPLOYEES AND REST. EMPLOYEES' INT'L UNION

United States Third Circuit
Labor & Employment Law
Title III of the Labor Management and Reporting Disclosure Act of 1959 does not permit individual union members to sue for compensatory damages...
09/20/2001 00-3142
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