United States Third Circuit - July 2003 Opinion Summaries

EXECUTIVE BD. OF TRANSP. WORKERS UNION OF PHILADELPHIA, LOCAL 234 v. TRANSP. WORKERS UNION OF AM.

Labor & Employment Law
Although not compelled by the language, a union's interpretation of the union Constitution was not patently unreasonable to warrant the preliminary...

US v. FRIAS

Criminal Law & Procedure, Sentencing
The district court correctly construed the term "sentence imposed" under U.S.S.G. section 2L1.2(b) as meaning the maximum term of imprisonment in an...

US v. FELDMAN

Bankruptcy Law, Criminal Law & Procedure, Sentencing
After convictions for concealing assets and making false declarations in bankruptcy, an award of restitution is vacated so that the district court may...

MARIANA v. FISHER

Antitrust & Trade Regulation, Contracts, Government Law, Health Law
Plaintiffs sufficiently state an antitrust claim in that the national tobacco litigation Master Settlement Agreement creates an output cartel that on...

MENDEZ-MORANCHEL v. ASHCROFT

Administrative Law, Immigration Law
Under 8 U.S.C. section 1229b, because the issue of whether the petitioner meets the hardship requirement for consideration of cancellation of...

TARRAWALLY v. ASHCROFT

Administrative Law, Civil Procedure, Immigration Law
A court of appeals lacks jurisdiction to review an asylum petition that an Immigration Judge (IJ) or Board of Immigration Appeals (BIA) deems...

DIPEPPE v. QUARANTILLO

Civil Rights, Constitutional Law, Criminal Law & Procedure, Immigration Law
The district court's determination, that section 212(h) of the Immigration and Nationality Act violates plaintiff's equal protection rights, is...

KRYSTAL CADILLAC-OLDSMOBILE GMC TRUCK, INC. v. GEN. MOTORS CORP.

Bankruptcy Law, Civil Procedure, Contracts
In a breach of contract action by Chapter 11 debtor arising out of the termination of an auto franchise agreement, the Bankruptcy Court correctly...

GEN. REFRACTORIES CO. v. FIREMAN'S FUND INS. CO.

Civil Procedure, Corporation & Enterprise Law, Injury & Tort Law
Under Pennsylvania law, plaintiff's complaint failed to state a claim for abuse of process, however, the district court abused its discretion in...

ROSADO v. FORD MOTOR CO.

Commercial Law
A prospective purchaser of an automobile dealership lacks standing to challenge the exercise of a manufacturer's right of first refusal, because the...