United States Third Circuit - September 2001 Opinion Summaries

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Description Date Docket #

US v. CASTANO-VASQUEZ

United States Third Circuit
Criminal Law & Procedure, Sentencing
Under USSG 5K2.20, a sentencing court is required to determine whether the defendant's conduct constituted aberrant behavior, and whether the case is...
09/20/2001 00-3861

JOHNSTON v. HBO FILM MGMT., INC.

United States Third Circuit
Class Actions
In making a class certification decision based on the "predominance" of mass claims over individual claims, the court need not take as true the...
09/14/2001 00-8070

THE JOINT STOCK SOCIETY v. UDV N. AM., INC.

United States Third Circuit
Civil Procedure
Where the injury alleged, inability to market vodka under a particular name in the US, is not causally related to the allegedly false advertising but...
09/14/2001 99-5422

CHMAKOV v. BLACKMAN

United States Third Circuit
Civil Procedure, Immigration Law
District courts have jurisdiction to entertain habeas corpus petitions alleging Fifth Amendment due process violations filed by aliens subject to a...
09/12/2001 00-2235

US v. SPINELLO

United States Third Circuit
Criminal Law & Procedure, Sentencing
The recent amendment of USSG 5K2.20 which, in the words of the Sentencing Commission, "defines and describes aberrant behavior," effected a...
09/12/2001 00-3504

ZUCKER v. WESTINGHOUSE ELEC. CORP.

United States Third Circuit
Attorney's Fees, Class Actions, Corporation & Enterprise Law
In order for attorneys bringing a derivative shareholder's action to be entitled to fees upon settlement of the litigation, the commencement of the...
09/11/2001 00-3783

WENGER v. FRANK

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Inclusion of unexhausted claims with properly exhausted claims in a habeas petition does not make the petition "mixed," requiring the district court...
09/07/2001 99-3337

DUFFY v. PAPER MAGIC GROUP, INC.

United States Third Circuit
Labor & Employment Law
The factors identified in Clowes v. Allegheny Valley Hospital, 991 F.2d 1159, 1161 (3d Cir. 1993) for determining constructive discharge are not...
09/07/2001 00-2818

US v. KNIGHT

United States Third Circuit
Criminal Law & Procedure, Sentencing
Under the plain error doctrine, application of an incorrect Federal Sentencing Guidelines range presumptively affects substantial rights, even if it...
09/06/2001 99-5642

CHONG v. DIST. DIR., IMMIGRATION & NATURALIZATION SERV.

United States Third Circuit
Immigration Law
Once an alien has had a chance during a removal proceeding to offer evidence and raise arguments on the issue of whether her drug convictions...
09/05/2001 00-1428
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