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| Arthur v. Maersk, Inc., No. 04-3670,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 13, 2006, Filed
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Overview: Sailor's suit was erroneously dismissed as time-barred. Under Fed. R. Civ. P. 15(c), an amended complaint naming the U.S. Navy related back to the timely-filed original complaint because it arose from the same transaction, the Navy had timely notice of the suit, and the Navy knew that it would have been named in the original suit but for a mistake.
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| Benak v. Alliance Capital Mgmt. L.P., No. 05-1070,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 13, 2006, Opinion Filed
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Overview: Shareholders' securities fraud suit against an investment fund advisor and others was properly dismissed as time-barred under 15 U.S.C.S. § 78i(e) as they were on inquiry notice more than a year before filing suit from knowledge of the fund's holdings, reports of the poor financial condition of one of the fund's investments, and a prior complaint.
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| Greene v. McNeal, No. 05-1353,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 13, 2006, Filed
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Overview: Former state trooper's suit against the state police and others was properly dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a claim since the complaint did not contain any allegations to support a violation of the trooper's constitutional rights by denial of access to the courts, denial of due process, or denial of equal protection.
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| Jian Cheng Lin v. Gonzales, No: 04-3558,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 13, 2006, Opinion Filed
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Overview: A petition for review was denied. Substantial evidence supported IJ's and BIA's adverse credibility determination and their finding that alien had failed to show that he had reasonable fear of being persecuted in China. Alien's testimony conflicted with his asylum affidavit and interview statements. Evidence did not support alien's fear of arrest.
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