United States Third Circuit - December 2006 Opinion Summaries

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Description Date Docket #

Yurecka v. Zappala

United States Third Circuit
Evidence, Injury & Tort Law
In a wrongful death, survival, and negligent infliction of emotional distress action arising from two automobile accidents -- the second of which...
12/28/2006 05-2468

US v. Jones

United States Third Circuit
Criminal Law & Procedure, Health Law
A methadone clinic worker's conviction and sentence for health care fraud are reversed and vacated, respectively, where the government did not...
12/28/2006 05-4898

Wright v. Vaughn

United States Third Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus
Denial of a petition for a writ of habeas corpus brought by an individual serving a life sentence for second-degree murder is affirmed where: 1)...
12/26/2006 04-3457

Scheidemantle v. Slippery Rock Univ. State Sys. of Higher Educ.

United States Third Circuit
Civil Rights, Education Law, Labor & Employment Law
In the context of the qualification prong of a prima facie case of discrimination under Title VII, an employer that hires someone who lacks a job...
12/19/2006 05-3850

Morgan v. Gay

United States Third Circuit
Civil Procedure, Class Actions, Commercial Law, Consumer Protection Law, False Advertising
(Industry: Consumer Products)

Under the Class Action Fairness Act (CAFA), the party seeking to remove the case to federal court bears the burden to establish that the amount in...
12/18/2006 06-4497

Lebegern v. Forman

United States Third Circuit
Civil Procedure, Injury & Tort Law, Remedies
In a survival claim brought on behalf of a Pennsylvania decedent, which arose from a motor vehicle accident in New Jersey allegedly caused by the...
12/18/2006 05-1992

US v. Fallon

United States Third Circuit
Criminal Law & Procedure, Drugs & Biotech, Sentencing
In the context of restitution and the Mandatory Victims Restitution Act (MVRA), where the government demonstrates that a business transaction was...
12/12/2006 03-4184

AT&T Corp. v. JMC Telecom, LLC

United States Third Circuit
Antitrust & Trade Regulation, Commercial Law, Communications Law, Contracts, International Law
Vertical restraints are generally not per se violations of the Sherman Act, even where a distributor and manufacturer also compete at the distribution...
12/01/2006 05-1304

United Food & Commercial Workers Union Local 1776 v. Excel Corp.

United States Third Circuit
Dispute Resolution & Arbitration, Labor & Employment Law
(Industry: Food & Beverage)

In an employment grievance arising from the termination of employees for theft and alleged subsequent post-termination misconduct, an order allowing...
12/01/2006 05-2091, 05-2259
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