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| Baylis v. Red Lion Group, Inc., No. 06-1010,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Filed
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Overview: Company that manufactured and distributed fire extinguishers was properly granted summary judgment on appellant's negligent manufacture, strict liability, and warranty of merchantability claims because appellant's circumstantial evidence did not support inference that extinguisher used by appellant was defective when delivered to her employer.
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| Chatterjee v. Phila. Fed'n of Teachers, No. 05-4390,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Filed
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Overview: District court properly dismissed teacher's 42 U.S.C.S. §§ 1981 , 1983, 1985(3), tort, and breach of collective bargaining agreement and breach of fair representation claims against union and school district because they were time-barred. As to Title VII claims, teacher failed to show that district's proffered reason for firing him was pretextual.
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| Hermanus v. AG of the United States, NO. 05-5243,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Opinion Filed
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Overview: Aliens, Chinese Christians that had been living in the Menado section of Indonesia, were properly denied asylum pursuant to 8 U.S.C.S. § 1158 because there was ample support for an Immigration Judge's conclusion that they did not prove that they faced a reasonable possibility of harm rising to the level of persecution if they returned to Indonesia.
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| MW Post Portfolio Fund Ltd. v. Northwest Bank Minn. (In re Onco Inv. Co.), NO. 05-4857,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Opinion Filed
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Overview: Although senior note holders successfully negotiated with debtor to include a "savings clause" in the plan for reorganization which holders insisted was intended to preserve their right to litigate an appeal, a jurisdictional defect such as mootness could not be overcome by agreement of the parties, and the judgment of district court was affirmed.
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| Ordille v. United States, No. 05-5062,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Filed
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Overview: Farmers' discrimination complaint under the Equal Credit Opportunity Act did not qualify for a waiver of the limitations period under 15 U.S.C.S. § 1691e(f); the complaint was not filed before July 1, 1997, which was a jurisdictional prerequisite. A complaint that was filed in January 1997 did not qualify because it did not allege discrimination.
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| Poulos v. Comm'r of Soc. Sec., No. 05-4637,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Filed
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Overview: Record did not support an ALJ's denial of an application for Social Security disability benefits by a claimant who weighed an estimated 500 pounds; there was no vocational evidence to support the ALJ's finding that the claimant's exertional and nonexertional limitations did not significantly erode the sedentary occupational base.
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| Powell v. Meyers, NO. 04-2211,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Opinion Filed
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Overview: Appellant's habeas petition was properly denied because defense counsel correctly stated at plea hearing that appellant's sentence would not run concurrently with back-time sentence imposed by parole board for parole violations and appellant failed to show prejudice as there was overwhelming evidence of his guilt proffered at plea hearing.
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| Wilidra v. AG, No. 05-4270,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 24, 2007, Filed
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Overview: BIA properly affirmed an Immigration Judge's (IJ's) order denying an ethnic Chinese alien from Indonesia asylum and other relief because the record supported the IJ's finding that the alien failed to show that the conduct he experienced in Indonesia rose to the level of persecution qualifying him as a refugee under 8 U.S.C.S. § 1101.
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