2012 Third Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1071
Date: December 21, 2012
Docket Number: 12-1483
Justia Opinion Summary: Tucker was charged with conspiracy to distribute cocaine and related drug and firearms offenses. He pled guilty to possession of a firearm as a convicted felon, 18 U.S.C. 922(g)(1). He represented himself at the plea and…
Date: December 21, 2012
Docket Number: 12-1586
Justia Opinion Summary: Phillip and Defoe worked together at an oil refinery in the U.S. Virgin Islands. Phillip was driving a company-owned vehicle near the refinery when it struck Defoe. While recovering, Defoe filed a claim and received…
Date: December 12, 2012
Docket Number: 11-3684
Justia Opinion Summary: Named plaintiffs are five individuals with mental retardation who are institutionalized in intermediate care facilities (ICFs/MR) operated by the Pennsylvania Department of Public Welfare; they allege violation of the…
Date: December 6, 2012
Docket Number: 11-4504
Justia Opinion Summary: Southwest sells title reports to consumer lenders, containing information available in public records. Southwest’s reports include the owner’s name and address, marital status, and amounts of outstanding mortgages, liens…
Date: November 29, 2012
Docket Number: 11-3345
Justia Opinion Summary: Nicole, age 15, sent a text message to a friend stating that she planned to commit suicide by ingesting ibuprofen pills. The friend called 911 and soon Officer Marshall of the Wright Township Police Department arrived at…
Date: November 27, 2012
Docket Number: 12-1668
Justia Opinion Summary: Lin, a citizen of the People’s Republic of China, entered the U.S. illegally in 2004. In 2008, he was served with a Notice to Appear and conceded removability under 8 U.S.C. 1182(a)(6)(A)(i), but petitioned for asylum,…
Date: November 26, 2012
Docket Number: 11-4447
Justia Opinion Summary: The nursing care facility faced financial difficulties and ceased to admit new patients; it filed a Chapter 11 bankruptcy petition in 2005. The Bankruptcy Court appointed a Committee of Unsecured Creditors, approved…
Date: November 21, 2012
Docket Number: 11-2037
Justia Opinion Summary: Thomas and Frett had a gun fight at Frett’s apartment. Both sustained wounds and were hospitalized. Thomas was discharged on May 16; on May 21, six masked gunmen entered the hospital and shot Frett to death.…
Date: November 21, 2012
Docket Number: 11-3863
Justia Opinion Summary: Delaware State Police obtained search warrants for Pavulak’s email account and workplace after receiving information that he was viewing child pornography on his workplace computers. Evidence was seized, he was convicted…
Date: November 15, 2012
Docket Number: 12-1430
Justia Opinion Summary: AdvancePCS is a prescription benefits manager for plans sponsored by employers, unions, and others and is retained to achieve savings by negotiating discounts from drug manufacturers, providing mail order service,…
Date: November 8, 2012
Docket Number: 10-4154
Justia Opinion Summary: Barrett, a financial planner, induced the plaintiffs, small New Jersey corporations and their owners, to adopt an employee welfare benefit plan known as the Employers Participating Insurance Cooperative (EPIC). EPIC was…
Date: November 5, 2012
Docket Number: 10-3138
Justia Opinion Summary: Muhammud pleaded guilty to conspiracy to distribute controlled substances (21 U.S.C. 846); possession of a firearm in furtherance of drug trafficking (18 U.S.C. 924(c)); and possession of a firearm by a convicted felon…
Date: October 26, 2012
Docket Number: 11-1992
Justia Opinion Summary: Michael filed a Chapter 13 voluntary petition and the Bankruptcy Court confirmed his reorganization plan, providing that Michael would pay $277 monthly to the trustee, for 53 months; the trustee would direct the monies…
Date: October 24, 2012
Docket Number: 10-3529
Justia Opinion Summary: Kouevi lived in Togo. From 2001- 2005, Kouevi conspired to fraudulently obtain “diversity visas,” 8 U.S.C. 1153(c)), for at least 34 people through the American Embassy in Togo. The head of the scheme, Afolabi, paid fees…
Date: October 16, 2012
Docket Number: 10-2353
Justia Opinion Summary: Giles was a prisoner in the Delaware penal system. Campbell worked at the Sussex Correctional Institution. Giles brought excessive force and deliberate indifference claims, 42 U.S.C. 1983, against officers, including…
Date: October 16, 2012
Docket Number: 11-2586
Justia Opinion Summary: In 2002, Turlington pled guilty to conspiring to distribute more than 50 grams of cocaine base (21 U.S.C. 841(a)(1), 841(b)(1)(A), 846). In 2004, the district court sentenced him to 84 months’ imprisonment and 60 months’…
Date: October 16, 2012
Docket Number: 11-2605
Date: October 11, 2012
Docket Number: 10-2189
Justia Opinion Summary: In 2003, D.K. began kindergarten; he struggled in school and had behavioral issues. In 2007, at the urging of a private therapist, his parents requested a second evaluation. Two months later, the district determined that…
Date: October 10, 2012
Docket Number: 11-4429
Justia Opinion Summary: In 2005 Weatherspoon was charged with conspiring to distribute and possess with intent to distribute over 50 grams of cocaine base. In 2006 he pled guilty and was sentenced to 120 months, under a binding plea agreement. …
Date: October 9, 2012
Docket Number: 11-3896
Justia Opinion Summary: Begin pled guilty on charges related to his use of the internet and a cellular phone to send sexual messages and photographs to a minor in order to persuade her to have sex with him and was sentenced to 240 months’…
Date: September 28, 2012
Docket Number: 11-3301
Justia Opinion Summary: There are four direct purchasers of heavy duty truck transmissions in North America. Truck buyers dealing with those direct purchasers can select many of the components for their trucks, including transmissions, from…
Date: September 27, 2012
Docket Number: 03-9000
Justia Opinion Summary: In 1989, Copenhefer was convicted of first-degree murder, kidnapping, unlawful restraint, attempted robbery, attempted theft by extortion, and terroristic threats. As to the murder conviction, the jury found two…
Date: September 24, 2012
Docket Number: 10-3629
Justia Opinion Summary: Bistrian, an inmate at the Federal Detention Center in Philadelphia, filed 108-page complaint with 114 pages of exhibits, alleging that, while he was awaiting sentencing on wire-fraud charges, prison investigators used…
Date: September 21, 2012
Docket Number: 09-3586
Justia Opinion Summary: Garrus was convicted of voluntary manslaughter in 2001. At sentencing, the judge increased his sentence beyond the statutory maximum based on 42 Pa. Cons. Stat. 9714, the “three strikes” law. To do so, the judge made a…
Date: September 21, 2012
Docket Number: 12-1330
Justia Opinion Summary: Ware and Stratton, convicted of offenses involving crack cocaine, moved for reductions in their sentences following a retroactive amendment to the Federal Sentencing Guidelines applicable to crack cocaine offenses.…
Date: September 18, 2012
Docket Number: 10-4021
Justia Opinion Summary: While conducting an undercover online investigation of peer-to-peer file sharing networks, officer Erdely was able to connect to a computer sharing child pornography files. Erdely obtained a court order to identify the…
Date: September 17, 2012
Docket Number: 09-2305
Justia Opinion Summary: Atlantic, a New Jersey pipe foundry, and four of its managers were convicted of conspiring to commit environmental pollution and worker safety violations, attempting to cover up or impede federal investigation of those…
Date: September 17, 2012
Docket Number: 11-1697
Justia Opinion Summary: Following his convictions for wire fraud and failure to appear at trial, the district court ordered Craig to pay $12,411 in restitution and a $300 special assessment. The government sought to satisfy the order from…
Date: September 14, 2012
Docket Number: 11-2526
Justia Opinion Summary: Until 2003, Hagans worked as a security guard and as a sanitation worker. At 44 years old, Hagans required open-heart surgery. Hagans claims additional medical problems relating to his cerebrovascular and respiratory…
Date: September 14, 2012
Docket Number: 11-2643
Justia Opinion Summary: Hanif, a citizen of Guyana, entered the U.S. on a fraudulent visa during the 1980s. After his marriage to a naturalized citizen, Hanif applied for a waiver of his ground of inadmissibility. In 2006 an IJ and adjusted…
Date: September 14, 2012
Docket Number: 11-2834
Justia Opinion Summary: Sandy, hearing and speech impaired, applied to work as a grocery store cashier and stocker. As part of the application, Sandy took a Customer Service Assessment created by Kronos and received a score of 40%. Kroger…
Date: September 13, 2012
Docket Number: 10-3849
Justia Opinion Summary: ICE officers entered the home Ramos shared with relatives with an administrative warrant for a sister, with no information about the identity or legal status of other occupants. During the next 15 hours, the agents…
Date: September 13, 2012
Docket Number: 11-2132
Justia Opinion Summary: TriCenturion audited Nichole Medical as a Program Safeguard Contractor under the Medicare Integrity Program, 42 U.S.C. 395ddd(a), and concluded that Nichole “might” be improperly billing for medical equipment; that…
Date: September 12, 2012
Docket Number: 11-2410
Justia Opinion Summary: D.F. was a five-year-old African-American male kindergartener during the 2008-2009 school year, his first in Collingswood. He had previously been educated in the Camden school system, which had identified him as a…
Date: September 12, 2012
Docket Number: 11-3413
Justia Opinion Summary: Newark detectives were watching a building in connection with a crime that occurred at another location, two months earlier. They did not have a description of anyone involved and had no information whatsoever about…
Date: September 12, 2012
Docket Number: 11-3732
Justia Opinion Summary: Green, a citizen of Jamaica, entered the U.S. on a tourist visa in 2002. In 2006, his status was adjusted to that of a lawful permanent resident. Weeks later, he was arrested on charges of possession of a controlled…
Date: September 11, 2012
Docket Number: 11-3416
Justia Opinion Summary: In 1986 Munchinski was convicted of two counts of first-degree homicide and two counts of second-degree homicide arising out of a pair of murders that occurred in 1977 in Bear Rocks, Pennsylvania. Munchinski later…
Date: September 11, 2012
Docket Number: 11-3673
Justia Opinion Summary: The Port Authority’s subsidiary, PATH, operates the Grove Street Station in Jersey City. The Station was built in 1910. In 2000 PATH planned to expand the Station to accommodate larger trains and persons with…
Date: September 11, 2012
Docket Number: 12-1103
Justia Opinion Summary: In 2003, Berberena pled guilty to conspiracy to distribute crack cocaine; possession of crack with intent to distribute; and possession of powder cocaine with intent to distribute. The district court calculated an…
Date: September 10, 2012
Docket Number: 11-1849
Justia Opinion Summary: Roye, a 58-year-old native of Jamaica, was admitted to the U.S. in 1984 as the spouse of a citizen. In 1992, he pled guilty to aggravated assault and endangering the welfare of a child by having sexual intercourse with…
Date: September 7, 2012
Docket Number: 11-1704
Justia Opinion Summary: In 2005 Anderson was charged with federal tax evasion (26 U.S.C. 7201) for tax years 1995 through 1999, while Anderson was an entrepreneur and venture capitalist involved in operating several international companies,…
Date: September 7, 2012
Docket Number: 11-3234
Justia Opinion Summary: In 1980 Pacific purchased a certificate of reinsurance from a predecessor of Global. The Certificate included a sentence that reads, “As a condition precedent, the Company [i.e., Pacific] shall promptly provide the…
Date: September 6, 2012
Docket Number: 11-2258
Justia Opinion Summary: Martinez, a native of Nicaragua, entered the U.S. without inspection in 1985. In 1989, he married a citizen, had a daughter, and began adjusting his status to lawful permanent resident. In 1990, Martinez pleaded guilty…
Date: September 5, 2012
Docket Number: 11-2864
Justia Opinion Summary: Martorano was sentenced to life imprisonment without parole after pleading guilty, in 1984, to 19 counts related to the wholesale distribution of drugs. He appealed the sentence, arguing that the district court imposed…
Date: September 5, 2012
Docket Number: 11-3196
Justia Opinion Summary: In 2002 Murray pleaded guilty, in New Jersey, to traveling interstate to engage in illicit sexual conduct with a minor. Later that year, in a Pennsylvania district court, he pleaded guilty to possession of child…
Date: September 5, 2012
Docket Number: 11-3382
Justia Opinion Summary: In 2002 Glover entered into a mortgage with WaMu. After being injured Glover fell behind on her mortgage in 2005 and requested a work-out agreement to reduce her payments. WaMu initially threatened to foreclose, but…
Date: August 31, 2012
Docket Number: 10-2114
Justia Opinion Summary: Duran, a native of the Dominican Republic, was admitted to the U.S. as a legal permanent resident in 1981. He married in 1988 and fathered two children. In 1997 he applied for naturalization. He completed his examination…
Date: August 30, 2012
Docket Number: 11-2432
Justia Opinion Summary: Powell’s cousin, Lassiter, testified that he and Powell engaged in robberies of college students and drug dealers in North Philadelphia in 2008. They decided their crimes were attracting too much attention and determined…
Date: August 28, 2012
Docket Number: 11-2787
Justia Opinion Summary: Stoerr pled guilty to bid rigging, 15 U.S.C. 1; conspiracy to provide kickbacks and to defraud the United States, 18 U.S.C. 371; and assisting in the preparation of false tax returns, 26 U.S.C. § 7206(2). The convictions…
Date: August 27, 2012
Docket Number: 10-2790
Justia Opinion Summary: In 2005 a house that had operated as an unlicensed bar was robbed by three men with guns. The men took cell phones and cash from patrons and were apprehended in the area shortly after the robbery, carrying some of the…
Date: August 27, 2012
Docket Number: 11-1832
Justia Opinion Summary: The New Jersey Sports and Exposition Authority, a state agency which owned a leasehold interest in the East Hall, also known as “Historic Boardwalk Hall”, on the boardwalk in Atlantic City, was tasked with restoring it.…
Date: August 23, 2012
Docket Number: 12-2189
Date: August 21, 2012
Docket Number: 11-3229
Justia Opinion Summary: A citizen of India, Desai was admitted to the U.S. as a lawful permanent resident in 1980. He acquired convictions for: burglary and criminal mischief (1991), burglary and conspiracy to commit burglary (1992), burglary…
Date: August 16, 2012
Docket Number: 10-4633
Justia Opinion Summary: In connection with a loan, Bayonne provided Nuveen with an audit report authored by accounting firm, Withum and an opinion letter from Bayonne’s counsel, Lindabury. Soon after the transaction, Bayonne filed a Chapter 11…
Date: August 15, 2012
Docket Number: 11-2553
Justia Opinion Summary: Plaintiff’s counsel failed to file a notice of appeal within 30 days of the judgment or order (Federal Rule of Appellate Procedure 4(a)(1)(A)). Defendant sought attorneys’ fees and costs under FRCP 68. The motion was…
Date: August 14, 2012
Docket Number: 09-3006
Justia Opinion Summary: Jewish Home of Eastern Pennsylvania (JHEP) provides nursing care to Medicare beneficiaries and is required to comply with the mandatory health and safety requirements for participation. JHEP must submit to random surveys…
Date: August 14, 2012
Docket Number: 11-1789
Justia Opinion Summary: Father and son, citizens of Pakistan, were admitted to the U.S. as nonimmigrant visitors in 1990. After they overstayed their visas, the Immigration and Naturalization Service initiated removal proceedings. Father sought…
Date: August 13, 2012
Docket Number: 11-2605
Date: August 9, 2012
Docket Number: 11-2381
Justia Opinion Summary: Wal-Mart cleaning crew members sought compensation for unpaid overtime and certification of a collective action under the Fair Labor Standards Act, civil damages under RICO, and damages for false imprisonment. The…
Date: August 7, 2012
Docket Number: 11-1192
Justia Opinion Summary: In 2007, Marcus leased a 2007 BMW from a dealership in New Jersey. Marcus suffered four “flat” tires during his three-year lease. Each time, he drove his car to a BMW dealership in New York and had the tire replaced. BMW…
Date: August 7, 2012
Docket Number: 11-2420
Justia Opinion Summary: Mitchell was convicted on charges related to his possession of a firearm with an obliterated serial number. The Third Circuit affirmed the district court’s denial of Mitchell’s motion to strike Juror 97, a police…
Date: August 7, 2012
Docket Number: 11-2566
Justia Opinion Summary: Philadelphia police officers entered a private residence without a warrant because they believed the house to be abandoned. Upon searching the house, they found Harrison sitting in a recliner with a gun, scales, pills,…
Date: August 6, 2012
Docket Number: 11-1426
Justia Opinion Summary: Debtors took a mortgage and a second mortgage on their residence. They later filed a voluntary Chapter 7 petition. They claimed exemptions for their residence, citing 11 U.S.C. 522(d)(1) and 11 U.S.C. 522(d)(5). Amounts…
Date: August 3, 2012
Docket Number: 11-3419
Justia Opinion Summary: Lichtenstein began working with UPMC in 2005. Although Lichtenstein received a merit-based raise in October 2007, from October through December, she was tardy six times, absent twice, and requested changes to her…
Date: August 3, 2012
Docket Number: 11-4397
Date: August 2, 2012
Docket Number: 11-4074
Justia Opinion Summary: Sweeney owned a transmission shop and referred customers to Tradewell, who owned a nearby car rental business. Sweeney would sometimes simply refer customers to Tradewell or drive them to Tradewell’s business. If…
Date: August 1, 2012
Docket Number: 11-2480
Justia Opinion Summary: Based on DNA evidence found on furniture, McBride was charged with the murder of his wife 16 years after her disappearance. He was convicted and exhausted Pennsylvania state court appeals. The district court denied his…
Date: August 1, 2012
Docket Number: 11-3958
Justia Opinion Summary: From 1996 to 2001, while working as a licensed realtor, Mendoza helped borrowers obtain federally insured mortgages. He was charged with conspiring to fraudulently induce the Federal Housing Authority to insure mortgage…
Date: July 31, 2012
Docket Number: 10-3088
Justia Opinion Summary: Attorneys Post and Reid were retained to defend a medical malpractice action. At trial, plaintiffs introduced evidence suggesting that Post and Reid had engaged in discovery misconduct. Fearing that the jury believed…
Date: July 26, 2012
Docket Number: 11-2896
Justia Opinion Summary: CS manufactures and sells X-ray and metal detection devices for use in public facilities around the world. Tecapro is a private, state-owned company that was formed by the Vietnamese government to advanced technologies…
Date: July 26, 2012
Docket Number: 11-3257
Justia Opinion Summary: Philadelphia Inquirer (debtors) published print and online articles discussing the CSMI‘s contract management of the Chester Community Charter School. After CSMI filed a defamation action, the Inquirer filed for relief…
Date: July 25, 2012
Docket Number: 10-2239
Justia Opinion Summary: From the 1930s through the 1970s, Skinner manufactured ship engines and parts, allegedly containing asbestos. Merchant mariners began bringing injury claims in the 1980s. In 1998, AC acquired all of Skinner’s common…
Date: July 25, 2012
Docket Number: 11-1541
Justia Opinion Summary: In a recusal motion, Rohn alleged that the district judge’s personal animosity toward her was creating an appearance of bias and prejudice against her clients. Sun, a defendant in one of seven underlying cases, sought…
Date: July 25, 2012
Docket Number: 11-2875
Justia Opinion Summary: After guard mistakenly gave Taylor, an inmate convicted of drug and weapons charges, an extra razor blade, Taylor created a shank. Subsequently, in an exercise yard with Bistrain, Taylor construed Bistrain’s comment as a…
Date: July 24, 2012
Docket Number: 11-3123
Justia Opinion Summary: Liberty entered into a Master Declaration and Easements, Covenants, Conditions and Restrictions for a shopping mall. PMI purchased the property and entered into a Declaration that gave Liberty the right to prior approval…
Date: July 20, 2012
Docket Number: 11-3793
Justia Opinion Summary: The business proprietor, Calabrese, filed for reorganization of the business under Chapter 11 of the Bankruptcy Code. After failure to confirm a reorganization plan, the bankruptcy was converted to Chapter 7. He also…
Date: July 20, 2012
Docket Number: 11-4157
Justia Opinion Summary: Orton filed a Chapter 7 petition. On Schedule A (realty), he listed his one-eighth interest in vacant land that is subject to an oil and gas lease, stating fair market value as $34,000 and claiming an exemption for…
Date: July 18, 2012
Docket Number: 11-1975
Justia Opinion Summary: Borrome, a citizen of the Dominican Republic, and, since 1996 a lawful permanent resident of the U.S. pled guilty in 2002 to violations of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301-399d, prohibitions on…
Date: July 17, 2012
Docket Number: 11-3164
Date: July 16, 2012
Docket Number: 10-2077
Justia Opinion Summary: Schering held a patent on the controlled release coating applied to potassium chloride crystals for treatment of potassium deficiencies. Potential generic manufacturers filed an abbreviated application for approval…
Date: July 10, 2012
Docket Number: 11-1654
Justia Opinion Summary: Nelson, a citizen of Jamaica, was admitted to the U.S. as a permanent resident in 1994. In 1999, he pleaded guilty to possession of 16 ounces of marijuana. In 2000, Nelson visited Canada for two days. Although his…
Date: July 9, 2012
Docket Number: 11-2552
Justia Opinion Summary: A jury found Claxton guilty of conspiring to possess cocaine with the intent to distribute, but the district court entered a judgment of acquittal on the ground that there was not enough evidence for a reasonable jury to…
Date: July 6, 2012
Docket Number: 11-1472
Justia Opinion Summary: Philadelphia International Airport is the ninth busiest airport in the U.S. Since 1999, PHL has been among the 10 most delayed airports and has contributed to delays at airports nationwide because its runways are too…
Date: July 3, 2012
Docket Number: 11-1283
Justia Opinion Summary: The federal government has maintained navigation in the Delaware River for more than 100 years. In 1992, the Army Corps of Engineers published an Environmental Impact Statement, recommending deepening of five feet along…
Date: July 2, 2012
Docket Number: 07-2835
Justia Opinion Summary: Booker participated in a bank robbery with co-conspirators. After being arrested on unrelated charges, he provided incriminating statements to the police. Booker moved to suppress these statements as violations of his…
Date: June 29, 2012
Docket Number: 10-1285
Justia Opinion Summary: Until late 2008, Sprint included a flat-rate early termination fee provision in its cellular telephone contracts, which allowed it to charge a set fee to customers who terminated their contracts before the end date…
Date: June 28, 2012
Docket Number: 11-1916
Justia Opinion Summary: The Church of the Lord Jesus Christ of the Apostolic Faith was founded by Johnson in 1919. In 1947, Johnson established a non-profit corporation to hold and manage the assets of the Church. Following a 1992 schism, two…
Date: June 28, 2012
Docket Number: 11-2664
Justia Opinion Summary: Humana sued, alleging that Glaxo was obligated to reimburse Humana for expenses Humana had incurred treating its insureds’ injuries resulting from Glaxo’s drug, Avandia. Humana runs a Medicare Advantage plan. Its…
Date: June 28, 2012
Docket Number: 11-2883
Justia Opinion Summary: Plaintiff, a former assistant branch manager at Enterprise, filed a nationwide class action, claiming that Enterprise violated the Fair Labor Standards Act, 29 U.S.C. 207(a)(1), by failing to pay required overtime…
Date: June 27, 2012
Docket Number: 10-1963
Justia Opinion Summary: Seven states sought to recover proceeds of matured but unredeemed U.S. savings bonds from the Treasury, asserting that Treasury has possession of approximately $16 billion worth of matured but unredeemed savings bonds,…
Date: June 26, 2012
Docket Number: 11-2597
Justia Opinion Summary: Figueroa admits that he sold heroin to an undercover officer, who returned later and purchased cocaine and heroin. During the second purchase, the officer saw what appeared to be a gun tucked into Figueroa’s waistband.…
Date: June 20, 2012
Docket Number: 11-3439
Justia Opinion Summary: Plaintiffs brought a putative class action challenging 62 Pa. Stat. 1414, which was enacted to regulate special needs trusts. The comprehensive Medicaid eligibility rules enacted by Congress generally mandate that trusts…
Date: June 20, 2012
Docket Number: 12-1114
Justia Opinion Summary: In 1993 Vasquez was sentenced to 262 months for heroin offenses. In 1996, he was sentenced to 14 months, to run consecutively, for possession of a prohibited object. His projected release date is October, 2012. The…
Date: June 19, 2012
Docket Number: 10-4105
Justia Opinion Summary: Defendant communicated with a detective who was posing as a 15-year-old girl on a social networking website. In response to defendant's question, the detective stated that she was 15 years old. Defendant raised sexual…
Date: June 19, 2012
Docket Number: 11-2396
Justia Opinion Summary: Cardona was convicted of conspiracy to possess with intent to distribute over 100 kilograms of marijuana, 21 U.S.C. 841(a)(1), (b)(1)(B) & 846; conspiring to possess with intent to distribute less than 100 grams of…
Date: June 19, 2012
Docket Number: 11-4120
Justia Opinion Summary: In 2002, Thompson was indicted on two counts, and pled guilty to one, of distributing fewer than five grams of crack cocaine (21 U.S.C. 841(a)(1)). Because he had two prior felony convictions, he qualified as a career…
Date: June 18, 2012
Docket Number: 11-1567
Justia Opinion Summary: In 2008, defendants, then 18 and 16 years old, accompanied by a group of other young Shenandoah residents began partying and drinking, then encountered Ramirez and became engaged in an argument with him that involved…
Date: June 15, 2012
Docket Number: 11-1145
Justia Opinion Summary: In 2004 defendant was convicted of crimes related to possession with intent to distribute narcotics and possession of two handguns. At the initial sentencing, the district court granted a new trial with respect to four…
Date: June 15, 2012
Docket Number: 11-4300
Justia Opinion Summary: Defendant, a former federal prosecutor and prominent defense attorney, was indicted on charges including violations of the Racketeering Influenced and Corrupt Organizations Act. Reasoning that the RICO charges were…
Date: June 14, 2012
Docket Number: 10-3343
Justia Opinion Summary: Title insurance purchasers, on behalf of themselves and similarly situated consumers, claimed that insurers collectively fixed title insurance rates in violation of the Sherman Act and the New Jersey Antitrust Act. In…
Date: June 14, 2012
Docket Number: 10-3576
Justia Opinion Summary: Title insurance purchasers, on behalf of themselves and similarly situated consumers, claimed that insurers collectively fixed title insurance rates in violation of the Sherman Act. Title insurers in Delaware are…
Date: June 12, 2012
Docket Number: 11-2844
Justia Opinion Summary: The Roman Catholic Archdiocese, incorporated in New York, has its principal place of business in New York City. Church of the Nativity is a New York City parish under the Archdiocese. Marist Brothers, a religious order,…
Date: June 5, 2012
Docket Number: 10-4078
Justia Opinion Summary: In 1957 the Commonwealth constructed the Quehanna Wild Area Nuclear Site. Part of the site was donated to Pennsylvania State University. Until 1967 Penn State leased to a Lockheed predecessor, conducting work under…
Date: June 4, 2012
Docket Number: 11-1239
Justia Opinion Summary: Andrews was designated as contractor for improvements to the sewage system, in a no-bid process involving kickbacks and bribery, having made numerous false statements in the bond application package. After the contract…
Date: May 31, 2012
Docket Number: 10-3618
Justia Opinion Summary: In 2007, two groups filed separate class action suits against Volkswagen. The cases were consolidated for pre-trial purposes because they raised substantially similar allegations: that several models of Volkswagen and…
Date: May 30, 2012
Docket Number: 11-1763
Justia Opinion Summary: Following a controlled-buy involving a confidential informant, Haziz was charged with distribution of five grams or more of cocaine base, 21 U.S.C. 841(a)(1) and distribution of cocaine base within 1,000 feet of a public…
Date: May 24, 2012
Docket Number: 12-1697
Justia Opinion Summary: ABC is a dissolved corporation. Doe 1 was the company’s President and sole shareholder. Doe 2 is his son. LaCheen represents ABC and Doe 1; Blank represents Doe 2. The law firms have a joint-defense agreement covering…
Date: May 23, 2012
Docket Number: 08-1603
Justia Opinion Summary: Barnabas rented a van from Budget and gave Dewindt permission to use it without listing her as an authorized driver on the rental agreement. Dewindt was driving down a steep hill when the brakes failed. Dewindt attempted…
Date: May 18, 2012
Docket Number: 11-2026
Justia Opinion Summary: Plaintiffs installed shingles manufactured by Owens Corning (debtor). They discovered leaks in 2009; shingles had cracked. Each sent warranty claims, which were rejected. They filed a class action alleging fraud,…
Date: May 17, 2012
Docket Number: 10-4547
Justia Opinion Summary: Rolan was convicted in 1984 of murder and possession of an instrument of crime for a 1983 shooting death involving a drug sale. He obtained habeas corpus relief based on ineffective assistance of counsel. After a…
Date: May 17, 2012
Docket Number: 11-1447
Justia Opinion Summary: E.R., now 10 years old, attended kindergarten and first grade at a public school. E.R. has been identified as having numerous learning disabilities, and health-related problems, including severe food and contact…
Date: May 17, 2012
Docket Number: 11-2490
Justia Opinion Summary: While working as a dentist, Fleisher obtained long-term disability insurance coverage under separate policies. He obtained the North American policy by membership in a professional organization. The Standard policy is…
Date: May 16, 2012
Docket Number: 10-3047
Justia Opinion Summary: Plaintiffs, a putative nationwide class of third-party payors and a putative nationwide class of individual patient-consumers who paid for prescriptions, sued pharmaceutical manufacturers alleging that they paid for…
Date: May 14, 2012
Docket Number: 11-1889
Justia Opinion Summary: Debtors began development of a subdivision and entered into a construction loan agreement with Bank Lenders, who retained a lien on substantially all of Debtors' assets. Debtors subsequently borrowed from Cornerstone,…
Date: May 9, 2012
Docket Number: 09-3616
Justia Opinion Summary: In 1993 Simon and others burglarized a house; the occupant arrived during the burglary and was shot dead. Simon was tried for felony murder, first degree robbery, and third degree burglary. Simon repeatedly moved to…
Date: May 4, 2012
Docket Number: 11-2695
Justia Opinion Summary: A Trustee was appointed in a Chapter 7 bankruptcy. The estate included 44 lots, subdivided and zoned for mobile homes. Lot 45 contained an assisted living facility. The lots shared infrastructure and were subject to…
Date: May 1, 2012
Docket Number: 09-2230
Justia Opinion Summary: The company and its affiliates filed for Chapter 11 bankruptcy and sought to resolve asbestos-related liability through the creation of a personal-injury trust under 11 U.S.C. 524(g). As part of its reorganization plan,…
