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   Federal Courts - 3rd Circuit Court of Appeals - March 6, 2007

  
Am. Soc'y for Testing & Materials v. Corrpro Cos., No. 05-4164, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: In this indemnification action, the judgment was affirmed with respect to settlement costs and attorney's fees in the antitrust litigation; the instant court declined to apply the business judgment rule so as to reverse the district court's indemnification order challenged on this appeal because plaintiff failed to act in good faith.

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Discenza v. Hill, NO. 06-4109, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: District court properly dismissed former Department of Navy employee's claims against government workers because individual employees could not be held liable under Title VII, and employee's Vietnam Era Veterans' Readjustment Assistance Act claims failed because the government had not waived sovereign immunity.

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Escobar v. AG of the United States, No. 05-5175, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: Because the appellate court disagreed with the BIA's finding that the alien was convicted under subsection (1) of N.Y. Penal Law § 220.16, it did not agree that the alien's conviction was an aggravated felony; thus, the alien was eligible to be considered for cancellation of removal pursuant to 8 U.S.C.S. § 1229b(a).

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Eti v. AG of the United States, No. 05-4545, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: An IJ's determination that a Chinese Christian citizen of Indonesia had not established a well-founded fear of persecution for purposes of asylum under 8 U.S.C.S. § 1158 was supported by substantial evidence because the evidence did not compel a finding that there was a pattern and practice of persecution of Chinese Christians in Indonesia.

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In re Hodge, NO. 07-1200, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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In re Orlando, No. 07-1152, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Krebs v. Meyers, NO. 06-4873, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: Tenant could not remove a landlord's complaint under 28 U.S.C.S. § 1443 because the tenant was not denied a right under any law providing for equal civil rights based upon the state court's decision that a non-attorney could not represent her, and the tenant did not contend that the state court applied that requirement in a discriminatory manner.

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Livingston v. Borough of McKees Rocks, No. 05-4287, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: Summary judgment was properly entered against appellants in their § 1983 suit. Their U.S. Const. amend. I retaliation claims were either time-barred or were legally insufficient. Appellants' Pennsylvania Whistleblower Law claims were time-barred under 43 Pa. Cons. Stat. § 1424(a) or no evidence was presented to rebut appellees' § 1424(c) defense.

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Tjandra v. AG of the United States, No. 05-5347, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: Substantial evidence supported IJ's finding that alien did not qualify for withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) because isolated incidents that did not result in serious injury did not rise to level of past persecution, and there was no evidence that alien would face individualized risk of persecution upon return to Indonesia.

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United States v. Kukafka, No. 05-1955, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 6, 2007, Filed
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Overview: Although a district court erred when sentencing defendant on 18 U.S.C.S. § 228(a)(1) offense, it properly convicted him under § 228(a)(1), (3), for willfully failing to pay child support to his out-of-state children. Deadbeat Parents Punishment Act of 1998 was proper exercise of Commerce Clause power. Jury was properly instructed on "willfulness."

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