United States Third Circuit - March 2002 Opinion Summaries

PONTARELLI v. US DEP'T OF TREASURY

Civil Procedure, Criminal Law & Procedure
Overruling the holding of Rice v. United States, 68 F.3d 702, 706-07 (3d Cir. 1995), district courts do not have jurisdiction under 18 U.S.C. section...

SHAFFER v. GTE N., INC.

Civil Procedure, Judgement Enforcement, Labor & Employment Law
Although dismissal order provided for reinstatement of the underlying claim within 60 days upon good cause shown, and referenced the fact of...

WESTPORT INS. CORP. v. BAYER

Injury & Tort Law, Insurance Law, Legal Malpractice, Professional Malpractice
Professional liability insurance policy, which covered claims arising out of services rendered or which should have been rendered by any insured and...

DOYLE v. U.S. SEC'Y OF LABOR

Environmental Law, Labor & Employment Law
Court adopts the McDonnell Douglas burden-shifting analysis for whistleblower discrimination claims under section 210 of the Energy Reorganization Act...

US v. NELSON

Criminal Law & Procedure
Where initial tip regarding crime came from informant who had a prior relationship with the police and indicated specific "inside" knowledge, the...

FOGLEMAN v. MERCY HOSP., INC.

Civil Rights, Labor & Employment Law
Based on the ADA's second anti-retaliation provision, 42 U.S.C. section 12203(b), a person who has not himself engaged in protected conduct may bring...

LAPID-LAUREL, L.L.C. v. ZONING BD. OF ADJUSTMENT OF TOWNSHIP OF SCOTCH PLAINS

Evidence, Property Law & Real Estate
In a Fair Housing Amendments Act of 1988 reasonable accommodations challenge to a local land use board's decision, the plaintiff bears the initial...

LAND HOLDINGS LTD. v. MEGA HOLDINGS, INC.

Banking Law, Civil Procedure
When evaluating the legitimacy of the assignment of a mortgage as it relates to diversity jurisdiction, courts must consider: the amount of interest...

FRAISE v. TERHUNE

Constitutional Law, Criminal Law & Procedure, Sentencing
Under the standard set out by the Supreme Court in Turner v. Safley, 482 U.S. 78 (1987), for assessing prison regulations that restrict inmates'...

NEWMARK v. PRINCIPI

Attorney's Fees, Civil Rights, Government Benefits, Labor & Employment Law
The Equal Access to Justice Act provides for different types of fee awards in 28 U.S.C. Sections 2412(b) and 2412(d), and because the cap on fees is...