United States Third Circuit - January 2002 Opinion Summaries

US v. NTREH

Criminal Law & Procedure
48 U.S.C. Section 1561 allows a felony prosecution in the Virgin Islands to proceed by either indictment or information, but because V.I. residents...

US v. BOONE

Criminal Law & Procedure, Sentencing
Even where the precise amount of crack cocaine manufactured by the defendant was uncertain, the district court erred in reducing defendant-s Offense...

HARROW v. PRUDENTIAL INS. CO. OF AMERICA

Civil Procedure, ERISA
Where insured took no steps beyond making an initial telephone inquiry regarding benefits before instituting his lawsuit under ERISA, the futility...

DELAWARE RIVER STEVEDORES, INC. v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

Administrative Law, Workers' Compensation
Where an administrative law judge (ALJ) applied incorrect principles of law and failed to address head-on critical issue of whether a specific episode...

US v. COUNTY OF DELAWARE

Civil Procedure, Government Contracts, Remedies, Government Law
Because the mandatory treble damages imposed by the False Claims Act (FCA) are punitive, and Congress did not expressly abrogate local governmental...

SCHNALL v. AMBOY NAT'L BANK

Banking Law, Consumer Protection Law
The Truth in Savings Act ("TISA"), 12 U.S.C. Sections 4301-13, imposes strict liability on depository institutions that violate its disclosure...

IN RE: CONTINENTAL AIRLINES, INC.

Bankruptcy Law, Labor & Employment Law
Upon a previous court's denial of an appeal for equitable relief from all post-confirmation and pre-petition bankruptcy claims arising out of a...

RYAN v. ASBESTOS WORKERS UNION LOCAL 42 PENSION FUND

ERISA
Where an employee benefit plan set forth a retirement age of 65, or any age before 65 for participants who had earned 25 years Credited Service, an...

GATTIS v. SNYDER

Criminal Law & Procedure
Where the prosecution cited both a prospective juror-s reluctance to impose the death penalty and his gender as bases for exercising a peremptory...

IN RE: PRUDENTIAL INS. CO.

Sanctions
It was an abuse of discretion for a court, under its inherent powers, to impose the unique sanction of placing conditions on an attorney-s pro hac...