United States Third Circuit - February 2004 Opinion Summaries

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Description Date Docket #

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

SAMUEL-BASSETT v. KIA MOTORS AM., INC.

United States Third Circuit
Civil Procedure, Class Actions, Consumer Protection Law
(Industry: Autos)

When the relevant facts are not in dispute or findings have been made, district courts should adhere to the "legal certainty" test, requiring a...
02/05/2004 03-1427

CURINGA v. CITY OF CLAIRTON

United States Third Circuit
Constitutional Law, Labor & Employment Law
Plaintiff, a dismissed policymaking employee who campaigned against winning council candidates in a primary election, cannot establish that his...
02/04/2004 03-1278

INT'L ASS'N OF MACHINISTS & AEROSPACE WORKERS v. US AIRWAYS, INC.

United States Third Circuit
Labor & Employment Law, Transportation
The dispute, concerning whether or not it is permissible for defendant to hire an outside contractor to perform aircraft maintenance overhauls, is a...
02/03/2004 03-4169

DERIENZO v. HARVARD INDUS., INC.

United States Third Circuit
Civil Procedure, Injury & Tort Law, Product Liability
Because plaintiff timely invoked New Jersey's fictitious party rule and employed due diligence in attempting to identify the original manufacturer of...
02/03/2004 02-4548

POTENCE v. HAZLETON AREA SCH. DIST.

United States Third Circuit
Attorney's Fees, Civil Rights, Labor & Employment Law
The record supports the jury verdict for the plaintiff in this ADEA case. The district court did not err in granting liquidated damages or abuse its...
02/02/2004 03-1535, 03-2647

US v. THOMAS

United States Third Circuit
Criminal Law & Procedure
Defendant unsuccessfully challenges his drug conviction. He understood the concept of waiver by conduct and his waiver was valid; the district court...
02/02/2004 02-3840
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