United States Third Circuit - April 2004 Opinion Summaries

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Description Date Docket #

EGERVARY v. YOUNG

United States Third Circuit
Civil Rights, Constitutional Law, Family Law, Injury & Tort Law, International Law
Judge's execution of the unconstitutional ex parte order, permitting child's removal from the US without affording the father a pre- or...
04/30/2004 02-1284, 02-2035, 02-2066, 02-2133

SOUBIK v. DIR., OFFICE OF WORKERS' COMP. PROGRAMS

United States Third Circuit
Administrative Law, Government Benefits, Workers' Compensation
Petitioner is entitled to survivor's benefits under the Black Lung Benefits Act, in light of the evidence that pneumoconiosis hastened her husband's...
04/30/2004 03-1668

US v. ALLEGHENY LUDLUM CORP.

United States Third Circuit
Environmental Law, Water Law
The "laboratory error" defense is not inconsistent with the Clean Water Act's regime of strict liability; district court erred in adopting a 12.73%...
04/28/2004 02-4346

BAMBA v. RILEY

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus, Immigration Law
Alien convicted of an aggravated felony is subject to expedited removal per 8 U.S.C. section 1228(b), which applies to all aliens not admitted for...
04/27/2004 03-2275

KINGVISION PAY-PER-VIEW, CORP., LTD. v. 898 BELMONT, INC.

United States Third Circuit
Communications Law
The two-year limitations period of the Pennsylvania cable piracy statute applies to plaintiff's Federal Communications Act claims, which are therefore...
04/27/2004 02-1770

ITT CORP. v. INTELNET INT'L CORP.

United States Third Circuit
Civil Procedure, Injury & Tort Law
The Rooker-Feldman doctrine bars federal jurisdiction over RICO claims which, when previously presented to the state court in the form of a proposed...
04/26/2004 02-4035, 02-4205

RIVAS v. CITY OF PASSAIC

United States Third Circuit
Civil Rights, Injury & Tort Law
In a section 1983 case alleging excessive force and state-created danger by a group of police officers and medical professionals, material factual...
04/26/2004 02-3875, 02-3916

ASPLUNDH TREE EXPERT CO. v. NLRB

United States Third Circuit
Administrative Law, Labor & Employment Law
Since the NLRA does not apply outside the territorial jurisdiction of the US, the Board lacked jurisdiction over alleged unfair labor practices...
04/22/2004 02-1151, 02-1543

US v. RIVERA

United States Third Circuit
Criminal Law & Procedure
De novo review of defendant's claim of breach of plea agreement was appropriate; government's petition for en banc rehearing is denied.
04/15/2004 02-3067

JONES v. BARNHART

United States Third Circuit
Government Benefits, Labor & Employment Law
Substantial evidence supports the ALJ's determinations that 1) petitioner did not suffer from a listed impairment, despite test results consistent...
04/15/2004 03-1661
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