 |
|
 |
|
|
Access State and Federal Case Law, plus U.S. Supreme Court cases — for free!
Click on any of the case links below to view the full text of that case — for free — through lexisONE®, a legal research and news service from LexisNexis®. Login is required — registration is free!
While viewing the full text of the case, select from upgrade options to Shepardize® or view the fully-featured case on lexis.com including Core Terms, Shepard's® Signals, Case Summaries, Print Options, and more. lexisONE offers access to comprehensive content and flexible services for faster, more efficient legal research. Review our flexible LexisNexis® subscriptions offered through daily, weekly or monthly research packages.
| Chemtech Int'l v. Chem. Injection Techs., NO. 05-2296,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2006, Opinion Filed
View this case - free |
|||||
Overview: Distributor's breach of contract claims failed because the contract had not been renewed; because the duty manufacturer was alleged to have violated was a duty not to compete, and the source of this duty could only be contractual, this claim failed as well. However, district court erred by denying opportunity to amend under Fed. R. Civ. P. 15(a).
|
|||||
| Prusky v. Reliastar Life Ins. Co., No. 05-1611,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2006, Filed
View this case - free |
|||||
Overview: Insurer was not entitled to summary judgment as to trustees' breach of contract claim, because an illegal late trading provision did not prevent the trustees from enforcing the legal provisions of the policies, the insurer's impracticability argument was rejected, and the market timing provisions did not violate public policy.
|
|||||
| Sampson v. Berks County Prison, NO. 05-3232,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2006, Filed
View this case - free |
|||||
Overview: District court erred in dismissing a prisoner's Eighth Amendment claims where he had alleged unreasonably low cell temperatures, the prison officials refused to take any measures to ameliorate the cold or act on his related grievances, and his resulting ailment persisted for four months and did not improve until he received antibiotics.
|
|||||
| Tjia v. AG of the United States, NO. 05-2356,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2006, Opinion Filed
View this case - free |
|||||
Overview: An alien was properly denied asylum because the record confirmed the BIA's observations that the alien did not testify to individualized threats that would form a basis for a well founded fear of future persecution and that he did not establish a "pattern or practice" of government-sponsored persecution of Chinese Christians in Indonesia.
|
|||||
| Turner v. Hershey Chocolate USA, No. 04-4674,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2006, Filed
View this case - free |
|||||
Overview: Court erred in finding employee was not "qualified individual," 42 U.S.C.S. § 12111(8). Facts weighed against finding that rotation was essential function of position, e.g., the written job description contained no reference to rotation, and in past, inspectors had not rotated; however, issue should have been decided by jury.
|
|||||
| Whitten v. Comm'r of SSA, No. 05-2320,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 20, 2006, Filed
View this case - free |
|||||
Overview: Although social security claimant adduced evidence, including evidence from treating physicians, that supported her claims, countervailing evidence was sufficiently strong that ALJ was entitled to credit it and to reject treating physicians' opinions as unsupported by medical evidence, so claimant was properly denied DIB.
|
|||||
| Bayer Chems. Corp. v. Albermarle Corp., No. 04-4321,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2006, Filed
View this case - free |
|||||
Overview: Pursuant to the agreement between the parties, a chemical company sought a reformulation of a product, allowed a corporation their right of first refusal, which was not exercised, and was therefore freed from its obligations under the sales agreement. Thus, the district court correctly granted the chemical company's Fed. R. Civ. P. 12(c) motion.
|
|||||
| Bernardi v. United States, NO. 05-3504,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2006, Filed
View this case - free |
|||||
Overview: Appellant's petition for a writ of error coram nobis under 28 U.S.C.S. § 1651 was properly dismissed because § 2255 was not inadequate or ineffective so as to enable him to resort to coram nobis merely because he had previously suffered adverse decision in § 2255 proceeding and failed to obtain permission to file second or successive § 2255 motion.
|
|||||
| Obianyo v. AG of the United States, NO. 05-4561,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 21, 2006, Submitted Under Third Circuit L.A.R. 34.1(a) , March 21, 2006, Filed
View this case - free |
|||||
Overview: Because alien never presented nationality claim to BIA, court lacked jurisdiction to consider claim under 8 U.S.C.S. § 1252(d)(1); even if court did exercise jurisdiction over unexhausted nationality claim, claim failed because alien was not a naturalized citizen under 8 U.S.C.S. § 1101(a)(22) as his application for naturalization was denied.
|
|||||
Back to Top
| www.lexisnexis.com | About LexisNexis | Terms & Conditions | Customer Support | Sitemap | Contact Us |
| CopyrightŠ 2008 LexisNexis® All rights reserved. |
