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| Carson Concrete Corp. v. Sec'y of Labor, No. 05-2160,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 27, 2006, Filed
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Overview: Occupational Safety and Health Review Commission's denial of the corporations' petition for review was affirmed where the ALJ did not abuse his discretion when he entered a default against the corporations since their failure to comply with the Commission's rules and orders aimed at delaying proceedings constituted contumacious behavior.
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| Hale v. Beard, NO. 05-3259,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 27, 2006, Filed
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Overview: District court order dismissing prisoner's claim that withdrawals from his prison account under 42 Pa. Cons. Stat. § 9728(b)(5) for restitution purposes violated his due process rights was vacated and case was remanded for further proceedings on issue of whether prisoner's sentencing hearing afforded him due process regarding the withdrawals.
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| Harding v. Careerbuilder, LLC, No. 05-1934,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 27, 2006, Filed
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Overview: Order granting summary judgment to a former employer on an employee's ADEA claim was affirmed where the employee admitted in his deposition testimony that the employer had nondiscriminatory grounds for firing him and evidence of lapses in the employer's record-keeping could not on its own establish a pretext claim.
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| Knoepfler v. Guardian Life Ins. Co. of Am., No. 05-1186,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 27, 2006, Filed
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Overview: Predicting New Jersey Supreme Court would so rule, language in disability insurance policies that required insured to file proof of loss "within 90 days after the end of the period for which we are liable" was interpreted to mean proof of loss was required within 90 days after end of continuous period of disability for which insurers were liable.
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| Lin Zhen Fen v. Gonzales, No. 04-3954,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, February 27, 2006, Opinion Filed
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Overview: Alien's asylum application was properly denied because substantial evidence supported IJ's adverse credibility finding as key facts in alien's testimony that supported claim of past persecution and fear of future persecution for violating China's family planning law were omitted from affidavit and corroborating evidence was necessary.
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