United States Third Circuit - February 2004 Opinion Summaries

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Description Date Docket #

MARINO v. INDUS. CRATING CO.

United States Third Circuit
Injury & Tort Law, Labor & Employment Law, Workers' Compensation
Plaintiff, a journeyman electrician working with riggers on a task associated with a construction project at the time of his injury, was not a...
02/19/2004 02-4429

MAJOR LEAGUE UMPIRES ASS'N v. AM. LEAGUE OF PROF'L BASEBALL CLUBS

United States Third Circuit
Contracts, Dispute Resolution & Arbitration, Labor & Employment Law, Sports Law
Arbitrability may logically be derived from the text of the parties' Collective Bargaining Agreement (CBA). The Arbitrator acted within his broad...
02/17/2004 02-1103, 02-1124, 02-1276

DRELLES v. METRO. LIFE INS. CO.

United States Third Circuit
Class Actions, Insurance Law
Opt-out plaintiffs from an earlier federal class action settlement, pursuing individual suits in Pennsylvania state courts for defendant's allegedly...
02/13/2004 02-4037, 02-4270

IN RE AUTOMOTIVE REFINISHING PAINT ANTITRUST LITIG.

United States Third Circuit
Antitrust & Trade Regulation, Civil Procedure, International Law
Section 12 of the Clayton Act authorizes worldwide service of process upon foreign corporations independently of that statute's specific venue...
02/13/2004 02-4272

THE ST. THOMAS - ST. JOHN HOTEL & TOURISM ASS'N, INC. v. GOV'T OF THE US VIRGIN ISLANDS

United States Third Circuit
Labor & Employment Law
Section 14(a) of the National Labor Relations Act preempts the application of the Virgin Islands Wrongful Discharge Act (WDA) to supervisors. By...
02/11/2004 02-3621

LEE v. STICKMAN

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
In light of the eight-year delay in prisoner's post-conviction collateral proceedings in the Pennsylvania state courts, the dismissal of his federal...
02/11/2004 02-3497

US v. RIVERA

United States Third Circuit
Criminal Law & Procedure, Sentencing
By endorsing the Probation Officer's recommendation of an Offense Level of 39, the government breached its plea agreement that the stipulated...
02/09/2004 02-3067

DOUGLAS v. HORN

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
The one-year grace period established by AEDPA was not tolled during the pendency of prisoner's petition for allowance of appeal nunc pro tunc. Thus,...
02/09/2004 02-2339

IN RE DIGITAL ISLAND SEC. LITIG.

United States Third Circuit
Class Actions, Corp. Governance, Securities Law
Because plaintiffs failed to allege facts giving rise to a strong inference that defendants acted with scienter in regard to their statements and/or...
02/06/2004 03-1055

JOHNSON v. GUHL

United States Third Circuit
Civil Rights, Elder Law, Health Law
Community Spouse Annuity Trusts, intended to shield a couple's assets from Medicaid eligibility determinations during the lifetime of the...
02/06/2004 01-3774
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