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| Conner v. Mobile Mini Inc., NO. 05-2748,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 18, 2006, Filed
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Overview: Racial discrimination claim failed where employee failed to show other management employees who were not members of protected class were treated differently and failed to prove pretext, as employee was terminated due to management style and argumentative nature. Attempt to add ADA claim failed due to failure to exhaust administrative remedies.
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| Springer v. Henry, No. 04-4124,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 18, 2006, Filed
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Overview: Decision finding in favor of a psychiatrist on his 42 U.S.C.S. § 1983 claim of unlawful termination in retaliation for speech protected by the First Amendment was affirmed; the psychiatrist's speech raising concerns on the state of healthcare at the Delaware Psychiatric Center facility addressed matters of public concern.
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| United States v. Dorsett, No: 05-2465,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 18, 2006, Filed
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Overview: District court's denial of defendant's motion to dismiss indictment was affirmed where district court had concurrent jurisdiction with Territorial Court of the Virgin Islands, and defendant's double jeopardy claim was meritless because dismissal with prejudice of the territorial charges operated only to bar reprosecution in the territorial court.
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| ACandS, Inc. v. Travelers Cas. & Sur. Co., Nos. 04-3926 and 04-3929,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: Continuing on with arbitration of an insurance coverage dispute after the insured filed for bankruptcy violated 11 U.S.C.S. § 362(a), and it should have been halted once it became apparent it could negatively impact bankruptcy estate. Award issued, which effectively terminated the insured's coverage, was invalid under § 362(3).
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| De Leon Morillo v. AG of the United States, NO. 05-3150,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: Appellate court did not agree with the alien's argument that the Government did not satisfy its burden under 8 U.S.C.S. § 1229a(c)(3)(A) of proving he was removable. The Government submitted documentation that showed the alien had received a sentence of two to six years for his convictions for the criminal sale of a controlled substance.
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| Decker v. Dyson, No. 04-4200,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: Driver from Georgia was properly dismissed from a suit brought by passengers involved in a car accident with the driver in Georgia because the federal court in Pennsylvania lacked personal jurisdiction over the driver in that he was not present in the state at the time of service and had not engaged in any activity aimed at Pennsylvania.
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| Koe v. Gonzales, No. 04-3894,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: Alien was properly denied withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) because incidents of which she complaint did not rise to level of persecution as harm suffered was not sufficiently severe and she failed to show clear probability that her life or freedom would be threatened on account of persecution if she returned to Indonesia.
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| Sukwanputra v. Gonzales, No. 04-3336,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: Decision denying aliens asylum and withholding of removal was ordered remanded because the Immigration Judge erred in failing to give the aliens a chance to authenticate certain documents, making an adverse credibility determination based on conjecture, and failing to address whether a pattern of persecution existed in the aliens' home country.
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| Trs. of Boston Univ. v. Ligand Pharms., Inc., No: 03-4449; No: 04-1358,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: Former shareholders of subsidiary were properly granted summary judgment in breach of contract action disputing parent company's right to withhold consideration due to shareholders under merger agreement because agreement provided withholding only for actual monetary loss suffered by company, and it had sustained no actual money damages.
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| Youngman v. Fleet Bank, N.A. (In re A&P Diversified Techs. Realty, Inc.), No. 04-3622,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 19, 2006, Filed
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Overview: A district court erred when it affirmed a bankruptcy court's award of attorneys' fees under 11 U.S.C.S. § 506(b). Mortgagee bank was limited to amount of fees allowed in state foreclosure proceeding under state law. Mortgage's fee provision merged into final foreclosure judgment. Merger doctrine exception did not apply with regard to fee provision.
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