United States Third Circuit - September 2002 Opinion Summaries

US v. KUSHNER

Criminal Law & Procedure, Sentencing
Even when a defendant's intent changes as he withdraws from a conspiracy, the loss calculation that should be considered for sentencing under U.S.S.G....

CONSOLIDATION COAL CO. v. KRAMER

Government Benefits, Health Law, Injury & Tort Law, Labor & Employment Law
An award of survivor's benefits under Title IV of the Federal Coal Mine Health and Safety Act of 1996 was supported by substantial evidence, including...

US v. LUSTER

Criminal Law & Procedure, Sentencing
Calculation of an offense level was proper where a prior Pennsylvania felony conviction for escape from prison constituted a crime of violence under...

NEXTEL COMMUNICATIONS OF THE MID-ATL., INC. v. CITY OF MARGATE

Communications Law, Property Law & Real Estate, Remedies
Relief in the form of an injunction under the Federal Telecommunications Act, based on a city's efforts to reopen hearings on construction of a...

DUN & BRADSTREET SOFTWARE SERV., INC. v. GRACE CONSULTING, INC.

Cyberspace Law, Intellectual Property, Copyright
Judgment as a matter of law is proper based on plain evidence that defendant infringed on copyrighted software, in providing consulting and...

SHENANGO INC. v. APFEL

Constitutional Law, Government Benefits, Health Law
Assignments of responsibility for health care premiums under the Coal Industry Retiree Health Benefit Act of 1992 were not unconstitutional as applied...

IN RE: PILLOWTEX, INC.

Bankruptcy Law, Ethics & Professional Responsibility
Where there has been a facially plausible claim that a bankruptcy debtor's counsel received an avoidable preference, the court cannot avoid the...

THE OFFICIAL COMM. OF UNSECURED CREDITORS OF CYBERGENICS CORP. v. CHINERY

Bankruptcy Law, Civil Procedure
Only a trustee or debtor-in possession has the power to invoke 11 U.S.C. section 544(b) to avoid fraudulent transfers, and a court may not authorize a...

BUSKIRK v. APOLLO METALS

Civil Rights, Labor & Employment Law
ADA and Pennsylvania Human Relations Act claims were not actionable where evidence established that an employer engaged in an interactive process...

US v. VELASQUEZ

Criminal Law & Procedure, Sentencing
A drug conspiracy conviction is affirmed where defendant failed to demonstrate any reversible trial error, and court did not abuse its discretion in...