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   Federal Courts - 3rd Circuit Court of Appeals - February 7, 2006

  
Ng v. AG of the United States, No. 04-4672, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2006, Filed
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Overview: A deportation order under 8 U.S.C.S. § 1227(a)(2)(A)(iii) was properly entered where an immigrant was convicted under 18 U.S.C.S. § 1958 because this was an aggravated felony under 8 U.S.C.S. § 1101(a)(43)(F); it was a crime of violence under 18 U.S.C.S. § 16, despite the fact that a putative hitman had no intention of killing.

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Progressive N. Ins. v. Gondi, No. 04-4369, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2006, Filed
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Siebert v. Norwest Bank , No. 04-4422, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2006, Filed
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Overview: District court did not abuse its discretion when it denied the individuals' request for attorney's fees and costs under 28 U.S.C.S. § 1447(c) because the district court properly exercised its discretion and found that even if the company should have obtained written consents to removal, the law on that procedural issue was debatable.

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United States v. Lackey, No: 03-1486, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2006, Opinion Filed
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Overview: Although it was improper under Fed. R. Evid. 404(b) to admit evidence to show intent to distribute in defendant's drug trial about a prior incident when he had shared marijuana with a friend, the defendant waived any objection to the incident's use as impeachment evidence by electing to disclose the incident first during his direct examination.

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Vuong v. J.C. Penney's Co., No: 05-3316, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 7, 2006, Filed
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Overview: Employers were properly granted summary judgment on employee's discrimination claims brought under Pennsylvania Human Relations Act, Title VII, and ADEA because employee failed to exhaust administrative remedies or establish reasonable inference that employee's explanations for terminating employee were pretextual and unworthy of credence.

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