United States Third Circuit - October 2005 Opinion Summaries

Citizens for Health v. Leavitt

Administrative Law, Constitutional Law, Health Law
A provision of the Health Insurance Portability and Accountability Act, which authorizes health care providers to use and disclose personal health...

Wilderman v. Cooper & Scully

Attorney's Fees, Civil Procedure
Appellate jurisdiction over a stay exists when it has the effect of a dismissal rather than the effect of delay.

Mahmood v. Gonzales

Immigration Law
Denial of plaintiff's motion to reopen, as untimely filed, is affirmed where he is not entitled to equitable tolling since he failed to exercise the...

Gilles v. Davis

Civil Rights, Constitutional Law, Criminal Law & Procedure, Injury & Tort Law
Dismissal of plaintiff's civil rights action, alleging that he was unconstitutionally arrested for disorderly conduct, is affirmed where...

US v. Lane Labs, Inc.

Administrative Law, Consumer Protection Law, Drugs & Biotech
A district court has the power, under the Federal Food, Drug and Cosmetic Act, to order a defendant found to be in violation of the Act to pay...

Interfaith Cmty. Org. v. Honeywell Int'l, Inc.

Attorney's Fees
If a prevailing party can show that it required the particular expertise of counsel from another vicinage, or that local counsel were unwilling to...

Wilson v. Beard

Criminal Law & Procedure, Habeas Corpus
The grant of plaintiff's writ of habeas corpus is affirmed where the district court properly concluded that the district attorney engaged in...

Cudjoe v. Dep't of Veteran Affairs

Injury & Tort Law, Landlord Tenant Law, Property Law & Real Estate
Plaintiff's suit against defendant-Department of Veterans Affairs, alleging unlawful failure to disclose lead paint contamination in an apartment, is...

Century Indem. Co. v. Congoleum Corp.

Bankruptcy Law, Ethics & Professional Responsibility, Insurance Law
In a Chapter 11 reorganization, evidence of pre-petition conduct by a law firm is relevant to a review of a debtor's application to retain the firm as...

Benn v. First Judicial Dist.

Civil Rights, Constitutional Law, Injury & Tort Law, Labor & Employment Law
The First Judicial District of Pennsylvania is an instrumentality of the Commonwealth of Pennsylvania and is entitled to immunity under the Eleventh...