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   Federal Courts - 3rd Circuit Court of Appeals - February 21 - February 22, 2007

  
Sieprawski v. AG of the United States, No. 05-4227, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 21, 2007, Filed
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Overview: Where the BIA introduced no direct evidence of mailing, but did produce a correctly addressed cover letter, the court held that this was substantial evidence to support the BIA's finding of service and denial of a motion to reissue. Thus, citizen's claim that his motion for reopening was not untimely under 8 U.S.C.S. § 1252(b)(1), failed.

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Hall v. Comm'r of Soc. Sec., Case No: 06-2128, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 22, 2007, Filed
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Overview: The order denying an application for social security disability benefits under Title II of the Social Security Act was reversed and remanded; because the ALJ recognized in her decision several nonexertional limitations arising from the claimant's impairments, the ALJ's reliance on the medical-vocational guidelines constituted reversible error.

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Montanye v. Wissahickon Sch. Dist., No. 05-5286, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 22, 2007, Filed
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Overview: Teacher's conduct in accompanying a student to therapy sessions was not protected by the First Amendment against infringement by school officials because there was no intent to convey a message, nor did the teacher's actions constitute protected activity for purposes of a retaliation claim under 29 U.S.C.S. § 794 of the Rehabilitation Act.

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Plaza v. Barnhart, NO. 06-3555, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 22, 2007, Filed
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Overview: The grant of summary judgment to the Commissioner of Social Security regarding a claimant's application for benefits under Titles II and XVI of the Social Security Act was affirmed; it was entirely proper for the ALJ to consider whether the claimant was able to engage in any other substantial gainful work that existed in the national economy.

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Stackhouse v. Pa. State Police, No. 05-4784; No. 05-4785; No. 06-2185 (Consolidated), UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 22, 2007, Opinion Filed
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Overview: District court properly gave a clarifying jury instruction regarding a state police officer's failure-to-promote disparate treatment claim under 42 U.S.C.S. § 2000e-2(a) of Title VII of the Civil Rights Act of 1964; the court properly removed language that was applicable to a mixed motive case, as the case had been tried as a pretext case.

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United States v. Anderson, No. 05-2346, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 22, 2007, Filed
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Overview: Defendant was charged with and convicted of 18 U.S.C.S. § 134 mail fraud and 26 U.S.C.S. § 7201 tax evasion; the jury instruction charges simply stated the correct legal standard for finding an individual liable under 18 U.S.C.S. § 1341, and therefore were legally correct and in no way amended or varied from the charges against defendant.

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