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United States Third Circuit - July 2014 Opinion Summaries

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Description Date Docket #

Opalinski v. Robert Half International Inc.

United States Third Circuit
Class Actions, Contracts, Dispute Resolution & Arbitration, Labor & Employment Law
The availability of classwide arbitration is a substantive "question of arbitrability" to be decided by a court absent clear agreement otherwise....
07/30/2014 12-4444

Taransky v. Secretary of the US Department of Heath and Human Services

United States Third Circuit
Administrative Law, Government Benefits, Health Law, Injury & Tort Law
Plaintiff, a Medicare beneficiary, is required to reimburse the Government for conditional medical expenses that it advanced on her behalf under the...
07/29/2014 13-3483

New Jersey Carpenters and Trustrees Thereof v. Tishman Construction Corp of N.J.

United States Third Circuit
Construction, ERISA, Government Contracts, Labor & Employment Law
Dismissal of plaintiffs' complaint seeking unpaid prevailing wages, is vacated and remanded, where: 1) the New Jersey Prevailing Wage Act (PWA), which...
07/28/2014 13-3005

Ohntrup v. Makina Ve Kimya Endustrisi Kurumu

United States Third Circuit
Civil Procedure, Injury & Tort Law, International Law, Judgement Enforcement, Product Liability
In two appeals arising from the failure of defendant-Turkish arms manufacturer to pay a thirty-year-old judgment: 1) the district court's order...
07/25/2014 12-4065

US v. Smith

United States Third Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence to 171 months' imprisonment for carjacking, brandishing a firearm during a crime of violence, and possessing a stolen firearm, is...
07/22/2014 13-4422

Batchelor v. Rose Tree Media School District

United States Third Circuit
Administrative Law, Civil Rights, Education Law
Dismissal of plaintiffs' action asserting their entitlement to the statutory protections of the Individuals with Disabilities Education Act (IDEA),...
07/17/2014 13-2192

US v. Flores-Mejia

United States Third Circuit
Criminal Law & Procedure, Sentencing, Immigration Law
In a criminal prosecution, unless a relevant objection has been made earlier, a party must object to a procedural error after the sentence is...
07/16/2014 12-3149

Shamokin Filler Company, Inc. v. Federal Mine Safety and Health Review Commission

United States Third Circuit
Administrative Law, Evidence
The petition for review of Federal Mine Safety and Health Review Commission's decision that the Federal Mine Safety and Health Administration (MSHA)...
07/11/2014 12-4457

US v. Cruz

United States Third Circuit
Criminal Law & Procedure, Sentencing, Health Law
The Government, pursuant to the Supreme Court's decision in United States v. Sell, 539 U.S. 166 (2003), can, as here, have a sufficiently important...
07/10/2014 13-4378

Branch v. Sweeney

United States Third Circuit
Criminal Law & Procedure, Habeas Corpus
The district court's denial of the petition for writ of habeas corpus challenging defendant's conviction on the basis of ineffective assistance of...
07/09/2014 13-1657
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