United States Third Circuit - October 2004 Opinion Summaries

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Description Date Docket #

GORDON v. WAWA, INC.

United States Third Circuit
Labor & Employment Law, Military Law
The Uniformed Services Employment and Reemployment Rights Act imposes no affirmative duty on an employer to prevent an employee from reporting to work...
10/28/2004 03-3089

BENSEL v. ALLIED PILOTS ASS'N

United States Third Circuit
Bankruptcy Law, Civil Procedure, Corporation & Enterprise Law, Dispute Resolution & Arbitration, Labor & Employment Law, M&A
In a suit disputing the conditions of a corporate acquisition, dismissal of plaintiffs' claims, alleging defendant breached its duty of fair...
10/26/2004 03-3176

US v. TRALA

United States Third Circuit
Criminal Law & Procedure
Defendant's robbery conviction is affirmed over his challenge that the district court erred by admitting DNA evidence linking him to the evidence...
10/26/2004 02-4524

SMRIKO v. ASHCROFT

United States Third Circuit
Immigration Law
Plaintiff's petition for review is granted where the affirmance of plaintiff's terminated removal proceedings was arbitrary and capricious and...
10/26/2004 03-1085

GUO v. ASHCROFT

United States Third Circuit
Civil Procedure, Immigration Law
Denial of plaintiff's motion to reopen her immigration proceedings is reversed where the Board of Immigration Appeals failed to substantiate its...
10/25/2004 03-2972

US v. MCLAUGHLIN

United States Third Circuit
Criminal Law & Procedure
Defendant's conspiracy and embezzlement convictions are affirmed over his challenges that the district court erred by instructing the jury that...
10/20/2004 00-2550

CHILD EVANGELISM v. STAFFORD T'SHIP SCHOOL DIST.

United States Third Circuit
Constitutional Law, Education Law
Plaintiff's successfully asserts a First Amendment claim with respect to the distribution of its materials where defendant-school has engaged in a...
10/15/2004 03-1101

CITGO ASPHALT REFINING CO. v. LOCAL NO. 2-991

United States Third Circuit
Dispute Resolution & Arbitration, Labor & Employment Law
Plaintiff-employer successfully challenges an arbitrator's determination that its national substance abuse policy, which included a zero tolerance...
10/14/2004 03-1503

GIBBS v. FRANK

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Plaintiff's habeas corpus petition is granted where his Fifth Amendment privilege against self-incrimination was violated when psychiatric testimony...
10/14/2004 02-3924

C.E.R. 1988, INC. v. AETNA CAS. AND SUR. CO.

United States Third Circuit
Constitutional Law, Insurance Law
The National Flood Insurance Program is sufficiently comprehensive to preempt a state tort suit where the purpose of the program would be compromised...
10/12/2004 03-2833
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