United States Third Circuit - August 2005 Opinion Summaries

Caldwell Trucking v. Rexon Tech. Corp.

Contracts, Corporation & Enterprise Law, Securities Law
The text of a retention of liabilities provision in a stock purchase agreement requires assumption of CERCLA responsibilities by the seller, rather...

Cmty. Serv. Inc. v. Wind Gap Muni. Auth.

Administrative Law, Civil Rights, Government Law, Injury & Tort Law
Defendant's classification of plaintiff's house, used for caretaker services, as a personal care home and commercial facility does not constitute...

Harvey v. Plains Township

Civil Rights, Criminal Law & Procedure, Injury & Tort Law
A police officer actively involved in an ex parte private repossession may be engaged in state action in violation of the Fourth Amendment.

Pfizer, Inc. v. Uprichard

Civil Procedure, Dispute Resolution & Arbitration, Labor & Employment Law
The Magistrate Judge exceeded the scope of his authority by requiring defendant to sign a Settlement and Release Agreement as a condition of receiving...

Kay Berry, Inc. v. Taylor Gifts, Inc.

Copyright, Intellectual Property
In a copyright infringement claim, the district court erred in finding that plaintiff's copyright registration was invalid where it ignored the...

Pardini v. Allegheny Intermediate Unit

Education Law, Juvenile Law
The district court erred when it concluded that the stay-put rule of section 1415(j) of the Individuals with Disabilities in Education Act does not...

Kamara v. Atty. Gen. of the US

Criminal Law & Procedure, Habeas Corpus, Immigration Law
Plaintiff's petition for a writ of habeas corpus is reversed where the Board of Immigration Appeals improperly applied the Convention Against Torture...

Joseph v. Atty. Gen. of the US

Immigration Law
Plaintiff's petition for review is granted where a genuine issue of material fact exists on his claim that he is not subject to deportation because he...

Vitale v. Latrobe Area Hosp.

ERISA, Labor & Employment Law
Defendant-employer's denial of plaintiff's claim for early retirement benefits was not arbitrary and capricious where the denial was compelled by the...

Caver v. City of Trenton

Civil Rights, Injury & Tort Law, Labor & Employment Law
In an employment discrimination dispute, the district court properly dismissed plaintiff's claims which alleged unlawful retaliation and hostile work...