United States Third Circuit - June 2003 Opinion Summaries

CAMIOLO v. STATE FARM FIRE AND CAS. CO.

Civil Procedure
In the absence of a ruling from the supervising judge either granting or denying access to state grand jury materials, the district court should have...

US v. LAMPLUGH

Criminal Law & Procedure
By providing her attorney with fraudulent documents that she intended would be used at trial to create a reasonable doubt of her guilt, defendant...

MILLER v. RITE AID CORP.

ERISA, Labor & Employment Law
Where an employee voluntarily left employment before the vesting of his benefits, he is not a "participant" in the plan, and therefore has no standing...

W.V. REALTY INC. v. N. INS. CO.

Evidence, Insurance Law
In an appeal of a judgment of bad faith on the part of defendant insurer for failure to resolve a business interruption claim, due to the admission at...

CONNEEN v. MBNA AM. BANK, N.A.

Labor & Employment Law
In an action alleging violations of the ADA, where there is no genuine issue of material fact that would allow a reasonable juror to conclude that...

IN RE: THE PERSONAL AND BUS. INS. AGENCY

Bankruptcy Law
A court may consider post-bankruptcy petition events, in this case the appointment of the Trustee, in evaluating a claim brought under section 548 of...

FREETHOUGHT SOC'Y v. CHESTER COUNTY

Constitutional Law
A permanent injunction ordering the removal of a Ten Commandments plaque affixed to a courthouse in 1920 is reversed where the plaque is not "real...

CHINA MINMETALS MATERIALS IMPORT AND EXPORT CO., LTD. v. CHI MEI CORP.

Contracts, Dispute Resolution & Arbitration
The district court improperly enforced a foreign arbitration panel's award where that panel, in finding that it had jurisdiction, rejected defendant's...

ZUBEDA v. ASHCROFT

Immigration Law
The Board of Immigration Appeals erred in providing only a minimal analysis of a Democratic Republic of the Congo citizen's claim for relief under the...

US v. SMALL

Criminal Law & Procedure, International Law
The district court correctly recognized the judgment of a Japanese court as a predicate offense for purposes of a conviction for possessing a firearm...