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| Ali v. Vitti, No. 05-4377,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2007, Filed
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Overview: Appellant's appeal from district court's dismissal of his 28 U.S.C.S. § 2241 petition, which sought to avoid sheriff sale of his property, was dismissed as frivolous pursuant to 28 U.S.C.S. § 1915(e)(2)(B)(i) because appellant was not in custody and his request for relief was not cognizable under 28 U.S.C.S. § 2241.
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| English v. PNC Bank, No. 04-3464,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2007, Filed
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Overview: The grant of summary judgment to the employer on the employee's claims under the ADA, ADEA, and PHRA was affirmed because the employee had not put forth any evidence that the employer's reason for her termination--conducting transactions in her own account in violation of the company Code of Ethics--was not the true reason for her termination.
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| Melvin v. Comm'r of Soc. Sec., No. 05-4400,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2007, Filed
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Overview: District court properly affirmed decision denying claimant's disability benefits application. Although the passenger endorsement on his commercial driver's license was suspended due to cardiovascular disease, evidence did not show he actually had heart disease. Substantial evidence supported ALJ's finding that he could perform medium exertion jobs.
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| Sutter v. Oxford Health Plans LLC, No. 05-5223,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2007, Filed
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Overview: District court properly denied insurer's motion to vacate arbitrator's award in dispute between insurer and physician because arbitrator went through each requirement for class action set forth in American Arbitration Association's Supplementary Rules for Class Arbitrations and examined decision in related case before finding it inapplicable.
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| United States v. McDowell, No. 05-4072,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2007, Filed
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Overview: Defendant's appeal from district court's refusal to grant downward departure in imposing sentence was dismissed for lack of jurisdiction because record showed that district court was well aware of its discretionary authority to grant downward departure, but simply chose not to based on circumstances presented.
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| United States v. Smith, Nos. 05-4816 & 05-4817,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 28, 2007, Filed
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Overview: Defendant's sentence was affirmed because record did not support defendant's assertion that district court failed to appreciate its obligation to meaningfully consider defendant's characteristics under 18 U.S.C.S. § 3553(a)(1), and district court was aware of and considered defendant's advanced age, as well as his drug addiction and rehabilitation.
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