United States Third Circuit - May 2005 Opinion Summaries

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Description Date Docket #

Tran v. Metro. Life Ins. Co.

United States Third Circuit
Contracts, Insurance Law
In a suit alleging misrepresentation of an insurance policy, the district court erred when it determined that plaintiff could not challenge the...
05/25/2005 04-2539

Knapper v. Bankers Trust Co.

United States Third Circuit
Bankruptcy Law, Civil Procedure, Property Law & Real Estate
Plaintiff's attempt to void two default foreclosure judgments is foreclosed by the Rooker-Feldman doctrine and, accordingly, plaintiff's complaint...
05/24/2005 03-3552

Creque v. Texaco Antilles Ltd.

United States Third Circuit
Corporation & Enterprise Law, Property Law & Real Estate
A conveyance of real property between two subsidiary corporations, each wholly-owned by the same parent, is not the equivalent of a "bona fide offer...
05/24/2005 03-3463

Callison v. City of Philadelphia

United States Third Circuit
Labor & Employment Law
The enforcement of defendant-City's sick leave policies against plaintiff, while he was on leave pursuant to the Family and Medical Leave Act(FMLA),...
05/19/2005 04-2941

Okeke v. Gonzales

United States Third Circuit
Immigration Law
Lawful reentry to the United States after commission of an offense entitles an individual to establish a new period of continuous physical presence in...
05/18/2005 03-1831

Brinson v. Vaughn

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Denial of plaintiff's petition for a writ of habeas corpus is reversed where plaintiff made out a prima facie case that the prosecutor had violated...
05/18/2005 02-4466, 02-4479

Lloyd v. US

United States Third Circuit
Criminal Law & Procedure, Sentencing
US v. Booker, 125 S.Ct. 738 (2005), does not apply retroactively to prisoners who were in the initial section 2255 motion stage as of the date that...
05/17/2005 04-3549

Gen. Datacomm Indus. v. Arcara

United States Third Circuit
Bankruptcy Law, Labor & Employment Law
Involuntary termination of employees on the verge of retirement cannot deprive such employees of the procedural protections of section 1114 of the...
05/16/2005 04-1710

US v. Bendolph

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
Upon finding a potential Anti-Terrorism and Effective Death Penalty Act statute of limitations problem in a habeas case, a district court may act sua...
05/16/2005 01-2468, 02-2624

Brennan v. Kulick

United States Third Circuit
Civil Procedure
When a complaint is filed within the statute of limitations, but is subsequently dismissed without prejudice in an order containing conditions for...
05/13/2005 04-1866
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