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| Das v. UNUM Life Ins. Co. of Am., No. 05-2408,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Opinion Filed
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Overview: Insurer was entitled to summary judgment in benefits claimant's action under ERISA for long term disability benefits. District court properly excluded five expert affidavits that stated that the deaf claimant was not qualified as an online instructor or researcher, as claimant failed to present the information during the administrative proceeding.
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| Griffin v. De Lage Landen Fin. Servs., No. 06-1090,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Filed
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Overview: District court properly entered a directed verdict in favor of a former employer in a Title VII employment discrimination suit. Terminated employee failed to establish a prima facie case with regard to her sex discrimination, hostile work environment, and retaliation claims. She conceded that she was not discriminated against because of her gender.
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| Koura v. AG of the United States, No. 05-5233,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Filed
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Overview: Court lacked jurisdiction under 8 U.S.C.S. § 1252(a)(2)(B)(i), (d)(1), and could not review error claims arising from denial of alien's 8 U.S.C.S. § 1229b(b) application for cancellation of removal. Cancellation decision was a discretionary one that court could not review. Alien failed to exhaust his administrative remedies as to due process claim.
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| Kramer v. Kubicka, NO. 06-3355,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Filed
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Overview: District court properly entered summary judgment for former creditors in former debtors' suit. Debtors' TILA claims were time-barred under one year statute of limitations set out in 15 U.S.C.S. § 1640(e). Four year time limit applied to their RICO claims. Last collection of "unlawful debt," as defined by 18 U.S.C.S. § 1961(6), occurred in 1994.
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| Macia v. Williamson, NO. 06-4417,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Filed
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Overview: An inmate's petition under 28 U.S.C.S. § 2241 was properly dismissed. There was no due process violation when the inmate received written notice of a disciplinary hearing related to his prison escape and was informed of his rights before the hearing, the sanctions were well within prison guidelines, and substantial evidence supported the judgment.
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| Shah v. AG of the United States, No. 06-1478,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Filed
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Overview: Alien's petition for review was denied. Substantial evidence supported IJ's adverse credibility finding and her conclusion that alien failed to show his eligibility for withholding of removal or CAT relief. Evidence did not support alien's claim that he would be persecuted or tortured in Pakistan, due to his prior involvement in Pakistani politics.
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| United States v. Bryan, No. 06-3571,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Opinion Filed
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Overview: Within-guidelines 30 month sentence, imposed after defendant pleaded guilty to 8 U.S.C.S. § 1326 illegal reentry offense, was not unreasonable. Congressionally authorized "fast-track" sentencing disparities fell outside of scope of 18 U.S.C.S. § 3553(a)(6). Government had not asked for a departure under U.S. Sentencing Guidelines Manual § 3E1.1(b).
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| United States v. Rinick, No. 05-3776,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Opinion Filed
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Overview: Defendant's sentence for drug charges in violation of 21 U.S.C.S. §§ 846, 841(a)(1), and 860 was properly enhanced under U.S. Sentencing Guidelines Manual § 3C1.1 when defendant sought and threatened to kill a witness he thought was cooperating with the police after the police executed search warrants on defendant's properties.
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| United States v. Smith, No. 04-4108,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 13, 2007, Filed
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Overview: Defendant's convictions for drug charges in violation of 21 U.S.C.S. §§ 841(a)(1), 860(a) were affirmed because a police officer's observation of drug transactions by an informant provided a substantial basis for finding probable cause and the good faith exception to the exclusionary rule applied when the affidavit contained specific references.
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