United States Third Circuit - October 2001 Opinion Summaries

GEN. ELEC. CO. v. DEUTZ AG

Civil Procedure, International Law
Principles of comity mitigate against injunctions which prevent a party from bringing an action in a foreign court.

BANKS v. HORN

Criminal Law & Procedure
Where the verdict form suggests that a finding of mitigating circumstances requires unanimity, the form violates Mills v. Maryland, 486 US 367 (1988),...

GILLMAN v. WATERS, MCPHERSON, MCNEILL, P.C.

Civil Procedure
When the New Jersey's Supreme Court applies "pipeline retroactivity" to its rulings, the new rule applies to cases that have yet to be filed, even if...

US v. LOPEZ

Criminal Law & Procedure
The doctrine of "Pinkerton liability," where the criminal act of one conspirator in furtherance of the conspiracy is attributable to the others for...

CHECKPOINT SYSTEMS, INC. v. CHECK POINT SOFTWARE TECHS., INC.

Intellectual Property, Trademark
When considering the likelihood of confusion between marks under the Lanham Act, courts must look at the strength of the mark in the industry in which...

TRABAL v. WELLS FARGO ARMORED SERV. CORP.

Injury & Tort Law
Where a witness twice swore that he saw plaintiff steal a bag of money, and other plaintiffs independently admitted that they made an unauthorized and...

E.I. DUPONT DE NEMOURS & CO. v. RHONE POULENC FIBER & RESIN INTERMEDIATES, S.A.S.

Civil Procedure, Dispute Resolution & Arbitration
Arbitration provisions in a joint venture agreement do not bind one party's parent corporation, itself not a party to the written agreement, when it...

CARDENAS v. MASSEY

Civil Procedure, Labor & Employment Law
In disparate pay claims, each paycheck constitutes a separate discriminatory act under the continuing violations doctrine, so each paycheck triggers...

US v. POWELL

Criminal Law & Procedure, Sentencing
Where a prisoner makes a pro se motion for a downward departure based on the substandard conditions of his presentence detention, the court has the...

FRANCIS v. RENO

Criminal Law & Procedure, Immigration Law
The Pennsylvania misdemeanor crime of vehicular homicide does not involve a substantial risk that physical force will result, so it is not a "crime of...