United States Third Circuit - March 2003 Opinion Summaries

SPINETTI v. SERV. CORP. INT'L

Constitutional Law, Dispute Resolution & Arbitration, Labor & Employment Law
When the district court voided an arbitration agreement's attorney's fees and arbitration costs provision for offending federal statutes and ruling...

IN RE: PPI ENTERS., INC.

Bankruptcy Law, Labor & Employment Law, Property Law & Real Estate
Where Bankruptcy Code section 502(b)(6), capping a landlord's claim in bankruptcy for damages from lease termination, alters a creditor's...

SOUTHCO, INC. v. KANEBRIDGE CORP.

Civil Procedure, Intellectual Property, Trademark
The District Court erred when it concluded that its earlier panel decision precluded it from considering the declaration of the engineer responsible...

MARKLE v. BARNHART

Labor & Employment Law
An administrative law judge's finding as to a Supplemental Social Security Income claimant's full scale IQ score was not supported by substantial...

BAUER v. SUMMIT BANCORP

ERISA, Labor & Employment Law
A retirement plan did not violate ERISA's minimum participation requirements, 29 U.S.C. section 1052(a)(1), by restricting its definition of an...

LEPAGE'S INC. v. 3M

Antitrust & Trade Regulation, Commercial Law, Contracts
Exclusionary conduct, such as the exclusive dealing and bundled rebates proven in the instant case, can sustain a verdict under section 2 of the...

US v. BARNES

Criminal Law & Procedure, Habeas Corpus
The circuit court has jurisdiction over an appeal, as a partially pending substituted 28 U.S.C. section 2255 motion does not make a conviction and...

US v. MURPHY

Criminal Law & Procedure
The Bribery Act does not create a fiduciary relationship between defendant and the public. Absent an impermissible prosecution theory based on US v....

CITICORP VENTURE CAPITAL, LTD. v. COMM. OF CREDITORS HOLDING UNSECURED CLAIMS, PAPERCRAFT CORP.

Bankruptcy Law
The "American Rule" should not be applied to the subordination of the administrative and professional costs, and because the district court's findings...

STORINO v. BOROUGH OF POINT PLEASANT BEACH

Civil Rights, Constitutional Law, Landlord Tenant Law, Property Law & Real Estate
Rooming house owners did not have first or third party standing to challenge an ordinance removing a rooming/boarding house use within certain Resort...