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| Baraka v. McGreevey, No. 05-2361,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: The dismissal of the former poet laureate's claims under 42 U.S.C.S. §§ 1983 and 1988 and 28 U.S.C.S. § 2201 was affirmed because the poet had no protected legal interest in the maintenance of the position of poet laureate of New Jersey; N.J. Stat. Ann. § 52:16A-26.9 (repealed 2003) did not provide the poet with a "legitimate claim of entitlement."
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| Brienza-Schettino v. AG of the United States, Case Nos: 05-2848 & 05-4393,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: Alien's due process rights were not violated when IJ conducted video-conferencing under 8 U.S.C.S. § 1229a(b)(2) at his hearing on alien's application for discretionary relief under former § 212(c) INA, 8 U.S.C.S. § 1182(c), because alien failed to identify any problems or difficulties in video-conferencing that disadvantaged him.
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| Fowlin v. Monica, Case No: 06-1612,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: District court properly entered summary judgment for Citizenship and Immigration Services bureau, which denied lawful permanent resident's citizenship application under 8 U.S.C.S. §1427(a)(3) for lack of good moral character. His prior drug trafficking convictions rendered resident ineligible for citizenship under 8 U.S.C.S. § 1101(a)(43), (f)(8).
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| Hare v. Potter, No. 05-5238,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: This Title VII case was remanded for the district court to consider the employee's retaliation claim involving her not being selected for the Career Management Program (CMP) because the employee had shown a causal connection between her not being selected for the CMP and her discussing her sexual harassment complaint with a manager.
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| In re Mendez, No. 07-1113,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: Petitioner was denied writ of mandamus compelling district court to order his return to Virgin Islands for 18 U.S.C.S. § 4247(b) hearing because he failed to show indisputable right to relief as his civil commitment was ordered by North Carolina district court, which denied his request for change of venue, and appeal from that order was pending.
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| Kinlaw v. Foster, NO. 06-3446,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: District court erred in dismissing an inmate's access to courts claim under 28 U.S.C.S. §§ 1915(e)(2)(B)(ii), 1915A(b)(1), because the inmate could have amended his complaint to cure an omission in his claim, but the error did not warrant remand because the inmate failed to exhaust his administrative remedies under 42 U.S.C.S. § 1997e(a).
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| Laplace v. Laplace, No. 06-1317,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: District court properly entered summary judgment for partner in dispute over a partnership agreement's buyout provision. N.J. Stat. Ann. § 42:1A-34 did not apply because agreement was not silent on issue of fair value to be paid when partner died or retired. Prior amendments of the buyout amount evidenced partners' ratification of buyout provision.
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| Nationalist Movement v. City of York, No. 06-2184,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Opinion Filed
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Overview: Application fee in New York City, N.Y., Ordinances § 741.03 did not violate First Amendment because fee was nominal, was not content based, and was narrowly tailored to allow city to recoup cost of processing application; reimbursement provision in § 741.03 was unconstitutional because it was content-based restriction that was ripe for abuse.
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| Nationwide Mut. Ins. Co. v. Brown, No. 05-4480,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2007, Filed
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Overview: District court properly entered a judgment on pleadings to an insurer in declaratory judgment suit. Pennsylvania legal precedent clearly provided that, pursuant to "household exclusion" and "set-off" provisions in their policies, the insureds could recover under only one policy and could not recover both liability and UM benefits under that policy.
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