United States Third Circuit - January 2002 Opinion Summaries

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Description Date Docket #

US v. NTREH

United States Third Circuit
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...
01/31/2002 01-1204

HARROW v. PRUDENTIAL INS. CO. OF AMERICA

United States Third Circuit
Civil Procedure, ERISA
Where insured took no steps beyond making an initial telephone inquiry regarding benefits before instituting his lawsuit under ERISA, the futility...
01/30/2002 00-5049

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

United States Third Circuit
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...
01/30/2002 01-1709

US v. BOONE

United States Third Circuit
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...
01/30/2002 99-5439, 99-5695, 99-5894

US v. COUNTY OF DELAWARE

United States Third Circuit
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...
01/29/2002 00-3691

SCHNALL v. AMBOY NAT'L BANK

United States Third Circuit
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...
01/28/2002 01-1502

IN RE: CONTINENTAL AIRLINES, INC.

United States Third Circuit
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...
01/25/2002 00-3505

IN RE: PRUDENTIAL INS. CO.

United States Third Circuit
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...
01/24/2002 99-5960

RYAN v. ASBESTOS WORKERS UNION LOCAL 42 PENSION FUND

United States Third Circuit
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...
01/24/2002 00-2813, 00-2891

GATTIS v. SNYDER

United States Third Circuit
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...
01/24/2002 99-9006
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