United States Third Circuit - July 2003 Opinion Summaries

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Description Date Docket #

MARIANA v. FISHER

United States Third Circuit
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...
07/30/2003 02-2906

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

United States Third Circuit
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...
07/30/2003 02-4574

US v. FRIAS

United States Third Circuit
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...
07/30/2003 02-3688

US v. FELDMAN

United States Third Circuit
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...
07/30/2003 02-3547

TARRAWALLY v. ASHCROFT

United States Third Circuit
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...
07/29/2003 02-2951

MENDEZ-MORANCHEL v. ASHCROFT

United States Third Circuit
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...
07/29/2003 02-2146

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

United States Third Circuit
Bankruptcy Law, Civil Procedure, Contracts
(Industry: Autos)

In a breach of contract action by Chapter 11 debtor arising out of the termination of an auto franchise agreement, the Bankruptcy Court correctly...
07/28/2003 01-2952

DIPEPPE v. QUARANTILLO

United States Third Circuit
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...
07/28/2003 01-4043, 01-4096

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

United States Third Circuit
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...
07/25/2003 02-2211

ROSADO v. FORD MOTOR CO.

United States Third Circuit
Commercial Law
(Industry: Autos)

A prospective purchaser of an automobile dealership lacks standing to challenge the exercise of a manufacturer's right of first refusal, because the...
07/23/2003 02-3356, 02-3357
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