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| Grove v. Admiral Peary Area Vocational-Technical Sch., No. 05-5118,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 23, 2007, Opinion Filed
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Overview: The district court's order granting summary judgment to the employer on the employee's ADEA claim was affirmed because there was no dispute that the employer never filled the position of maintenance supervisor following the employee's demotion.
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| Hurst v. Trader, No. 06-3058,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 23, 2007, Filed
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Overview: Because the inmate failed to make sufficient allegations to establish a violation of federal law including 42 U.S.C.S. § 1983, and because the remainder of his claims were time barred, his appeal lacked arguable legal merit and was dismissed under 28 U.S.C.S. § 1915(e)(2)(B).
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| In re Valley Media, Inc., No. 06-2163,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 23, 2007, Opinion Filed
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Overview: Debtor delivered goods to internet vendors in California when the goods were shipped free on board. Despite the department of revenue's claims, this was not a "delivery in the commonwealth" subject to Mass. Gen. Laws ch. 64H, § 1, and the order which sustained the objection of debtor to a claim for sales tax on its drop shipments was affirmed.
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| United States v. Chang Ping Lin, Case No: 05-4388,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 23, 2007, Filed
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Overview: Because district court committed no error by treating the U.S. Sentencing Guidelines as a logical starting point for defendant's sentence for kidnapping and other crimes, and because a 100 month sentence was not an unreasonable sentence sufficient to accomplish the purposes of punishment, defendant's sentence was affirmed.
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| Biswas v. Comm'r of Soc. Sec., No. 05-3828,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 26, 2007, Filed
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Overview: The denial of a social security's claim for DIB and SSI was affirmed because, although there was no written waiver by the claimant as required by S.S.R. 79-19, the ALJ's failure to hold the hearing did not prejudice the claimant; the claimant's attorneys advocated to the ALJ on his behalf and he submitted medical information to the ALJ.
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| Jackson v. Rohm & Haas Co., No. 06-1540,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 26, 2007, Filed
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Overview: Where the employee could not show that his injury was proximately caused by any alleged RICO activities, and the district court clearly articulated the grounds for the state court decisions, there were no manifest errors of law or fact, and no new evidence was presented; the district court did not abuse its discretion in denying reconsideration.
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| Lavira v. AG of the United States, NO. 05-3334,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 26, 2007, Filed
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Overview: Petition for review was granted and case was remanded back because IJ's decision was insufficient to allow appellate review of alien's claims. IJ did not explain why alien's N.Y. Penal Law § 220.39 conviction was not excepted from 8 U.S.C.S. § 1231(b)(3)(B)(ii) "serious crime" presumption or why CAT claim was denied, despite evidence supporting it.
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| Loren v. AG of the United States, No. 05-5235,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 26, 2007, Filed
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Overview: Alien was not entitled to withholding of removal under 8 U.S.C.S. § 1231(b)(3) or other relief because substantial evidence supported an administrative determination that the alien failed to show he had not suffered past persecution in that the past incidents of violence he experienced did not appear to be on account of his ethnicity or religion.
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| Trafford Distrib. Ctr. v. NLRB, Nos. 05-3765 and 05-4198,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 26, 2007, Filed
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Overview: Distribution center's petition for review of the NLRB's decision that there was substantial evidence for an alter ego finding with regard to an LLC and the center was denied in light the similarity in customers, managers, equipment, and warehouse location; the brevity of the transition period; and the anti-union inferences.
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