United States Third Circuit - January 2004 Opinion Summaries

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Description Date Docket #

CGB OCCUPATIONAL THERAPY, INC. v. RHA HEALTH SERVS. INC.

United States Third Circuit
Contracts, Health Law, Injury & Tort Law, Remedies
The jury incorrectly found that defendant's execution of new contracts amounted to tortious interference with the separate contracts between plaintiff...
01/28/2004 02-4372

US v. ALBINSON

United States Third Circuit
Criminal Law & Procedure
District court erred both in denying defendant's FRCP rule 41(g) motion for return of seized property based on the government's unsubstantiated...
01/27/2004 01-1265

LOCAL UNION NO. 1992 OF THE INT'L BHD. OF ELEC. WORKERS v. THE OKONITE CO.

United States Third Circuit
Attorney's Fees, Civil Procedure, Labor & Employment Law
District court's determination of plaintiff's reasonable attorneys' fees is remanded for an explanation. Defendant's other appeals are time-barred per...
01/26/2004 02-4352, 02-4428, 03-1555

NU-LOOK DESIGN, INC. v. COMM'R OF INTERNAL REVENUE

United States Third Circuit
Labor & Employment Law, Tax Law
An individual was properly classified by the IRS as an employee of plaintiff per the FICA and the Federal Unemployment Tax Act, and plaintiff lacked a...
01/26/2004 03-2754

US v. HIMLER

United States Third Circuit
Criminal Law & Procedure, Sentencing
Defendant, convicted of tendering false checks in the amount of $195,000, challenges his sentence and restitution obligation. District court erred in...
01/23/2004 03-1387

US v. KELLUM

United States Third Circuit
Criminal Law & Procedure, Sentencing
Defendant, convicted of possession of cocaine with intent to distribute and carrying a firearm in relation to a drug trafficking offense,...
01/23/2004 02-4054

CORAGGIOSO v. ASHCROFT

United States Third Circuit
Immigration Law
IJ properly ordered removal of alien to Italy pursuant to 8 U.S.C. section 1182(a)(6)(A)(i). Because all diversity visas for a given year's Diversity...
01/23/2004 03-1075

HOLLOWAY v. HORN

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
The principles of Batson v. Kentucky were violated by Pennsylvania's use of eleven of its twelve peremptory strikes to exclude African-Americans from...
01/22/2004 01-9009, 01-9010

STROZYK v. NORFOLK S. CORP.

United States Third Circuit
Injury & Tort Law, Transportation
Although 23 C.F.R. section 646.214 restricts tort claimants from interposing state law obligations concerning appropriate warning devices, it does not...
01/20/2004 02-3957

ROMPILLA v. HORN

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
Defendant's death sentence was improperly vacated by district court on grounds of ineffective assistance of counsel. Defendant may, however, file a...
01/20/2004 00-9005, 00-9006
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