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   Federal Courts - 3rd Circuit Court of Appeals - February 5, 2007

  
Bass v. Butler, NO. 06-1037, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Opinion Filed
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Overview: Claimant's challenges to § 415 of Pennsylvania Workers' Compensation Act were rendered moot by final adjudication of her workers' compensation case in state courts, which occurred prior to district court's entry of summary judgment against her; thus, district court lacked U.S. Const. art. III jurisdiction over case at time it entered judgment.

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In re Carroway, No. 06-5129, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Filed
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Overview: Court denied petitioner's second petition for writ of mandamus pursuant to All Writs Act, 28 U.S.C.S. § 1651(a) from district court that would intervene in his state criminal proceedings because petitioner failed to make any of prerequisite showings required to confer writ of mandamus, and relief sought by petitioner was outside scope of writ.

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Regan v. Lackawanna County Hous. Auth., No. 04-2355, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Filed
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Overview: District court's dismissal of employee's claims against employer and individuals was affirmed because employee's take on relevant events was contrary to preclusive factual findings of Pennsylvania Civil Service Commission and was otherwise wholly unsubstantiated by record, and district court gave ample attention to all of employee's legal claims.

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Ridley v. Costco Wholesale Corp., No. 05-5134; No. 06-1690, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Filed
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Overview: In this Title VII action, the district court did not err by denying the employer's motion for judgment as a matter of law on the retaliatory constructive discharge claim; the evidence from which a jury could find that the manager knew about the employee's complaint of discrimination was circumstantial, but sufficient to support the jury's finding.

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United States v. Brown, Case No.: 06-2822, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Filed
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Overview: The judgment revoking appellant's probation and sentencing her to five months imprisonment was affirmed because the district court meaningfully considered the relevant 18 U.S.C.S. § 3553(a) factors; the district court considered appellant's breach of the court's trust, the nature of her probation violations, and her disrespect for the court.

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United States v. Grier, No. 05-1698, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Filed
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Overview: Neither the Fifth nor the Sixth Amendment required that facts relevant to an enhancement of defendant's sentence be established beyond a reasonable doubt, whether or not those facts involved defendant's commission of a "separate offense." However, the district court failed to adequately explain how it applied the 18 U.S.C.S. § 3553(a) factors.

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Wallace v. Wray, No. 06-3346, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 5, 2007, Filed
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