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| Consolidation Coal Co. v. Dist. 2, No. 05-2342,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 1, 2006, Opinion Filed
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Overview: District court's order vacating arbitrator's award of benefits to coal miner was reversed because record revealed some basis for arbitrator's conclusion that second injury entitled miner to benefits under National Bituminous Coal Wage Agreement, so court was not empowered to pass judgment on wisdom of arbitrator's conclusion.
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| Difrancesco v. Aramark Corp., No. 05-2026,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 1, 2006, Filed
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Overview: District court's order dismissing employee's employment discrimination action without prejudice because he failed to comply with scheduling order under Fed. R. Civ. P. 16(f), 41(b) was reversed because district court neither considered six Poulis factors nor provided employee with opportunity to respond to threat of dismissal.
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| Nat'l Fuel Gas Co. v. Equimeter, Inc., No. 05-1901,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 1, 2006, Filed
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Overview: Manufacturer of safety valves was properly granted summary judgment on gas company's claim seeking indemnity of cost of replacing valves because although company had duty to inspect safety of its pipelines after jury determined that valve that had failed was defective when it left manufacturer, company was not legally liable to replace valves.
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| Osram Sylvania, Inc. v. SLI Inc. (In re SLI, Inc.), No. 04-4231,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 1, 2006, Filed
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Overview: District court properly dismissed creditor's appeal of reorganization plan on basis of equitable mootness; plan had been substantially consummated, creditor had not sought stay of plan's implementation, outside parties would be affected by any plan change, relief sought would destroy plan, and public policy mitigated against any plan change.
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| United States v. Hughes, No. 04-4277,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 1, 2006, Opinion Filed
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Overview: The court lacked jurisdiction over defendant's appeal, which was filed after a district court partially granted his § 2255 motion and awarded Fed. R. Crim. P. 35(b) sentencing reduction. Court lacked jurisdiction to review extent of reduction awarded by district court. Booker claim was not properly raised; defendant's sentence became final in 2003.
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| Gotowicz v. AG of the United States, No. 05-1547,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2006, Filed
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Overview: An alien's challenge of the BIA's refusal to exercise its discretion to reconsider sua sponte the denial of her untimely motion to reopen removal proceedings did not raise constitutional questions or statutory questions about the tolling of voluntary departure and, thus, was not cognizable on habeas review under 28 U.S.C.S. § 2241.
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| Perry v. Diguglielmo, No. 04-3981,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2006, Opinion Filed
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Overview: Inmate's appeal from dismissal of habeas petition as untimely under 28 U.S.C.S. § 2244 was dismissed for lack of jurisdiction because COA was not properly issued because inmate was not entitled to tolling under § 2244(d)(2) for time his state postconviction petition was pending because state petition had been dismissed as untimely.
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| Sunarsih v. AG of the United States, No. 05-2355,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2006, Filed
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Overview: Alien was not entitled to asylum where she failed to adequately support her claim that she was persecuted in her native Indonesia on the basis of political opinion. The alien offered no evidence explaining how she was targeted on the basis of political opinion and nothing to suggest that she would be the target of future threats or intimidation.
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| United States v. Istreffi, No. 04-1149,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2006, Filed
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Overview: District court did not violate Sixth Amendment when it imposed 168-month sentence because defendant admitted facts in presentence report, upon which district court based its sentence, and sentence was below statutory maximum under 21 U.S.C.S. § 841(C); sentence was vacated because it was imposed under mistaken belief that Guidelines were mandatory.
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| United States v. Morin, NO. 05-4234,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 2, 2006, Filed
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Overview: District court erred in denying a 28 U.S.C.S. § 2255 motion for relief from a sentence without holding an evidentiary hearing because the inmate's allegations presented a factual question of whether he requested his attorney to file a notice of appeal and prejudice was presumed if his allegations that the attorney did not file the notice were true.
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