United States Third Circuit - March 2005 Opinion Summaries

Genesis Health Ventures, Inc. v. Stapleton

Bankruptcy Law
Payments made on behalf of a debtor, whether made directly or indirectly through centralized disbursing accounts, constitute that particular debtor's...

US v. Guadalupe

Criminal Law & Procedure
A violation of 18 U.S.C. section 1512(b)(3) does not depend on the existence or imminency of a federal investigation but rather on the possible...

Borges v. Gonzales

Immigration Law
The 180-day time limitation on a motion to reopen a removal order can be equitably tolled, and fraud can be a basis for the tolling.

Levine v. United Healthcare Corp.

Constitutional Law, ERISA, Insurance Law
A New Jersey statute, which states that subrogation and reimbursement provisions are no longer permitted in New Jersey health insurance policies, is...

Graham v. City of Philadelphia

Constitutional Law, Labor & Employment Law
A public employee terminated from employment because of an arrest, and then acquitted of the charges in a criminal trial, is not entitled to a...

Pennsylvania Prot. v. Pennsylvania Dept. of Public Welfare

Administrative Law, Government Law, Health Law
In a suit alleging a failure to provide suitable services to persons with mental illness and retardation, summary judgment in favor of...

US v. Atiyeh

Criminal Law & Procedure, Evidence
A district court may not issue an order suspending a statute of limitations when the Government's application for suspension is filed after it has...

O'Donald v. Johns

Criminal Law and Procedure, Habeas Corpus

TRIPPE MFG. CO. v. NILES AUDIO CORP.

Contracts, Dispute Resolution & Arbitration
When an assignee assumes the liabilities of an assignor, it is bound by an arbitration clause in the underlying contract.

IN RE: FERANDOS

Bankruptcy Law, Property Law & Real Estate
A mortgage does not qualify for the anti-modification protection afforded by 11 U.S.C. section 1322(b)(2) when it is secured by rents and an escrow...