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   Federal Courts - 3rd Circuit Court of Appeals - January 5, 2006

  
Garrick v. DiGuglielmo, No. 04-2374, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2006, Filed
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In re Raza, NO. 05-5013, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2006, Filed
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Murphy v. C.W., No. 04-4441, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2006, Filed
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Overview: Social worker, city department of human services, and treatment facility were properly granted summary judgment in plaintiff's state law negligence and § 1983 action arising out of injury plaintiff suffered when mentally retarded child spit on her because facts did not establish that department and facility were guilty of gross negligence.

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Pri-Har v. AG of the United States, No. 05-2635, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2006, Filed
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Overview: Where an alien was denied habeas relief, his Fed. R. Civ. P. 70 motions were properly denied because no evidence supported a finding that the Bureau of Immigration and Customs Enforcement failed to comply with an order regarding INA § 212(h) relief; also, his aggravated felonies served as a basis for expedited removal proceedings.

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Turner v. Dragovich, NO. 04-3681, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2006, Filed
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Overview: Where an inmate's habeas petition was dismissed and he filed a Fed. R. Civ. P. 60(b) motion, he was not entitled to relief, because the motion was untimely and, even if a showing of actual innocence could trigger equitable tolling, the inmate failed to support his allegations with new reliable and probative evidence that was not presented at trial.

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Vallies v. Sky Bank, No. 05-1002, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 5, 2006, Filed
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Overview: District court erred in ruling that third-party disclosure of information regarding exclusion of debt cancellation coverage premium from a creditor's finance charge calculations was allowed under TILA. Based on clear language of 12 C.F.R. §§ 226.2(17)(a), 225.17, 226.18, the creditor, and only the creditor, could make the disclosure.

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