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| Caroleo v. Gonzales, No. 05-3762,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Opinion Filed
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Overview: Permanent resident was ineligible for a waiver of removal under former 8 U.S.C.S. § 1182(c) because he was found removable under 8 U.S.C.S. § 1227(a)(2)(A)(iii) for a crime of violence (attempted murder), a ground for removal that had no statutory counterpart in the crime of moral turpitude ground for exclusion under 8 U.S.C.S. § 1182(a).
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| Cranbury Brook Farms v. Twp. of Cranbury, No. 06-1707 & 06-2825,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: While landowner was dissatisfied with the process by which certain of his properties were partitioned and sold, he did not identify any way in which his constitutional rights were violated by that sale; furthermore he failed to allege any racial or class based discriminatory animus by which the alleged 42 U.S.C.S. § 1985 conspiracy was motivated.
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| Davenport v. Diguglielmo, No. 05-2442,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: The order denying the inmate's 28 U.S.C.S. § 2254 habeas petition was affirmed because the trial court's implicit fact-finding in its denial of a motion for new trial, based on a credibility determination of witnesses observed by the trial court judge, was not unreasonable in light of the evidence presented.
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| Durant v. AG of the United States, No. 04-4444,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: BIA properly denied alien's motion to reconsider affirmance of IJ's removal order because BIA's order denying reconsideration stated that it reviewed alien's arguments, had considered them before rendering decision, and declined to revisit them, and there was no basis for saying that BIA's decision was arbitrary, capricious, or contrary to law.
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| Horodenski v. Comm'r of Soc. Sec., No. 06-1813,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Decision finding that the social security claimant was not entitled to DIB under the Social Security Act was affirmed; substantial evidence supported the ALJ's determination that there were sufficient jobs in the national economy during the late 1970's that the claimant could have performed notwithstanding her limitations due to multiple sclerosis.
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| In re Brannon, Nos. 05-4600 & 05-5060,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Husband and wife Chapter 7 bankruptcy debtors who held property as tenants by the entireties were not each limited to exempting one-half of the property's value under 11 U.S.C.S. § 522(d)(5); debtors in one case could exempt unequal portions of a stock portfolio, while one debtor in a second case could exempt the entire value of real estate.
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| In re O'Lexa, NO. 06-2254,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Bankruptcy court's allowance of exemption for property that debtor held as tenant by entireties under 11 U.S.C.S. § 522(b)(3)(B) was proper because plain language of 23 Pa. Cons. Stat. § 4102, which codified "doctrine of necessaries," stated expressly that creditor of debtor spouse could execute on "separate property" of nondebtor spouse.
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| Jackson v. County of Wayne, No. 06-1605,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: A Pennsylvania county was properly granted summary judgment as to child's U.S. Const. amend. XIV claims, arising from her placement in home with sexually abusive foster father. Although child showed that county was negligent, she had not shown that it was deliberately indifferent to her safety, which was required for her to prevail in § 1983 suit.
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| Kane v. U-Haul Int'l, Inc., No. 05-5002,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Filed
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Overview: Renters of storage units, whose property was damaged due to a roof leak, failed to show that an exculpatory clause in their rental agreements was unenforceable due to unequal bargaining power or unconscionability. A failure to notify the renters of the leak was not an unconscionable commercial practice under the New Jersey Consumer Fraud Act.
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| Key Corporate Capital, Inc. v. Tilley, No. 06-1789; No. 06-2096,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2007, Opinion Filed
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Overview: Summary judgment was properly granted against dealer and dealer's sole officer and shareholder because lessor allowed dealer to sell lessor's equipment on condition that, upon sale, dealer would pay it $80,000, so lessor held interest in $80,000 that dealer retained, and dealer's failure to transmit money to lessor constituted wrongful conversion.
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