United States Third Circuit - September 2002 Opinion Summaries

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Description Date Docket #

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

US v. $92,422.57, US CURRENCY

United States Third Circuit
Criminal Law & Procedure
Seizure of business records was proper under the good faith exception to the exclusionary rule, where reliance upon an affidavit was reasonable, and...
09/20/2002 00-4348

EBS LITIG. LLC v. BARCLAYS GLOBAL INV., N.A.

United States Third Circuit
Bankruptcy Law, Corporation & Enterprise Law, Securities Law
The statute of limitations in a third party complaint for breach of fiduciary duty and securities violations, in connection with a stock dividend, was...
09/18/2002 01-1864

US v. BEST

United States Third Circuit
Admiralty, Criminal Law & Procedure, Immigration Law, International Law
A defendant seized by the Coast Guard beyond U.S. territorial waters, aboard a Brazilian vessel, may be tried in federal court for violation of U.S....
09/18/2002 01-4321

IN RE: PWS HOLDING CORP.

United States Third Circuit
Banking Law, Bankruptcy Law, Civil Procedure, Sanctions
Fraudulent transfer claims brought in Alabama state court were extinguished by a bankruptcy Reorganization Plan and Confirmation Order, and the...
09/12/2002 01-1462

MARSHALL v. HENDRICKS

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
The district court erred in concluding that the state's application of Strickland was reasonable, without conducting an evidentiary hearing to explore...
09/11/2002 00-9004

LAM v. KELCHNER

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Petitioner is entitled to habeas relief on a due process claim involving the voluntariness of 1) statements to undercover agents, and 2) a phone call...
09/10/2002 00-3803/4122

TURICENTRO, S.A. v. AM. AIRLINES, INC.

United States Third Circuit
Antitrust & Trade Regulation, Class Actions, International Trade, Transportation
The Foreign Trade Antitrust Improvements Act will act as a bar to a proposed Sherman Antitrust Act class action by foreign travel agents against U.S....
09/09/2002 01-3135

US v. BERROA-MEDRANO

United States Third Circuit
Criminal Law & Procedure, Sentencing
District court was entitled to consider the entire weight of any mixture or substance that contained a trace amount of heroin, rather than merely the...
09/06/2002 01-2212

IN RE: LINERBOARD ANTITRUST LITIG.

United States Third Circuit
Antitrust & Trade Regulation, Civil Procedure, Class Actions, Consumer Protection Law
A putative class in an antitrust lawsuit, alleging that linerboard manufacturers violated the Sherman Act, met the requirements of FRCP 23(b)(3).
09/05/2002 01-4535
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