United States Third Circuit - May 2003 Opinion Summaries

MORGANROTH & MORGANROTH v. NORRIS, MCLAUGHLIN & MARCUS, P.C.

Ethics & Professional Responsibility, Injury & Tort Law, Judgement Enforcement
When a complaint alleges that an attorney has knowingly and intentionally participated in a client's unlawful conduct to hinder, delay, and/or...

ARTZ v. BARNHART

Criminal Law & Procedure, Government Benefits, Health Law
Plaintiff's disability benefits for a 14-month period, during which he was involuntarily confined in psychiatric institutions at public expense, were...

OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF CYBERGENICS CORP. v. CHINERY

Bankruptcy Law
Hartford Underwriters Ins. Co. v. Union Planters Bank, 530 U.S. 1 (2000), a Chapter 7 case which interpreted the text of 11 U.S.C. section 506(c) to...

MAHER TERMINALS, INC. v. DIRECTOR, OFFICE OF WORKERS' COMP.

Admiralty, Workers' Compensation
Defendant is a covered maritime employee under the Longshore and Harbor Workers Compensation Act, 33 U.S.C. section 901 et seq., because although he...

BEJAR v. ASHCROFT

Administrative Law, Immigration Law
The INA does not provide for an automatic stay of removal during this 30-day appeal period, during which she could appeal the INS's denial of her...

US v. $8,221,877.16 IN US CURRENCY

Asset Forfeiture, Civil Procedure, Property Law & Real Estate
Appellate jurisdiction over forfeited funds exists when the appeal is from an order terminating one of two consolidated cases. The district court...

SHIRE US INC. v. BARR LABS. INC.

Drugs & Biotech, Intellectual Property, Trade Dress
The district court did not clearly err in finding that plaintiff had failed to show that its pill configuration and color were non-functional and thus...

IN RE: ZENITH ELECS. CORP.

Bankruptcy Law, Civil Procedure
The district court abused its discretion in determining that a bankruptcy appeal was equitably moot in light of factors set forth in In Re Continental...

CARDYN v. COMM'R OF SOC. SEC.

Administrative Law, Government Benefits
In the absence of any facts demonstrating that plaintiff was prevented in some extraordinary way from timely asserting her rights, equitable tolling...

DELVOYE v. LEE

Family Law, International Law
Petition to return a baby to Belgium, under the Hague Convention on the Civil Aspects of International Child Abduction, is denied where plaintiff...