United States Third Circuit - August 2005 Opinion Summaries

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Description Date Docket #

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

United States Third Circuit
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...
08/31/2005 04-2255

Caldwell Trucking v. Rexon Tech. Corp.

United States Third Circuit
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...
08/31/2005 03-2346

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

United States Third Circuit
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...
08/30/2005 04-3809

Harvey v. Plains Township

United States Third Circuit
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.
08/30/2005 04-1148

Pfizer, Inc. v. Uprichard

United States Third Circuit
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...
08/30/2005 04-2527

Vitale v. Latrobe Area Hosp.

United States Third Circuit
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...
08/29/2005 04-3243

Kamara v. Atty. Gen. of the US

United States Third Circuit
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...
08/29/2005 04-2647

Pardini v. Allegheny Intermediate Unit

United States Third Circuit
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...
08/29/2005 03-2897, 03-3988

Joseph v. Atty. Gen. of the US

United States Third Circuit
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...
08/29/2005 04-2885

Caver v. City of Trenton

United States Third Circuit
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...
08/26/2005 04-2600
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