United States Third Circuit - September 2002 Opinion Summaries

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Description Date Docket #

US v. KUSHNER

United States Third Circuit
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....
09/25/2002 01-3549

SHENANGO INC. v. APFEL

United States Third Circuit
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...
09/24/2002 00-2525

CONSOLIDATION COAL CO. v. KRAMER

United States Third Circuit
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...
09/24/2002 01-4398

US v. LUSTER

United States Third Circuit
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...
09/24/2002 01-3730

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

United States Third Circuit
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...
09/24/2002 00-2772/2932

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

United States Third Circuit
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...
09/24/2002 00-4282

IN RE: PILLOWTEX, INC.

United States Third Circuit
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...
09/23/2002 01-2775

US v. VELASQUEZ

United States Third Circuit
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...
09/20/2002 01-1599/1820

BUSKIRK v. APOLLO METALS

United States Third Circuit
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...
09/20/2002 01-3556

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

United States Third Circuit
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...
09/20/2002 01-3805
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