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| Armstrong v. Burdette Tomlin Mem'l Hosp., No. 03-3553,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 30, 2006, Filed
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Overview: Judgment entered against terminated employee was partially vacated because district court committed prejudicial error when it instructed the jury with regard to employee's New Jersey Law Against Discrimination failure to accommodate and disability discrimination claims. District court properly denied retrial as to a previously dismissed FSLA claim.
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| Jumaev v. AG of the United States, No: 04-1555; No: 04-3470,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 30, 2006, Filed
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Overview: Index of a motion to reopen listed an entry of appearance, and an attorney had her file copy of the entry of appearance. Thus, without an explanation from the BIA of how it determined that what it examined was the complete package submitted by the attorney, the court did not find substantial evidence that the entry of appearance was not filed.
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| Miller v. Dir., OWCP, No. 04-4177,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, January 30, 2006, Filed
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Overview: The denial of survivor's benefits under theBlack Lung Benefits Act was vacated because an ALJ made several errors in the reasoning behind his decision not to give a treating physician's opinion that a miner's death was caused by pneumoconiosis controlling weight, including incorrectly attributing the treating physician's report to his father.
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