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| Adams USA, Inc. v. Reda Sports, Inc., No. 05-2395,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: Appeal from district court's denial of appellants' motions to vacate default judgment was dismissed because appeal was not filed within 30 days of denial of first motion, which was treated as Fed. R. Civ. P. 60(b) motion, as required by Fed. R. App. P. 4(a)(1)(A), and although appeal was timely as to denial of second motion, that motion was void.
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| Chadda v. Bd. of Elections, No. 06-4723,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: District court properly dismissed appellant's civil rights action and her motion for TRO against board of elections because she did not make service on any county board of elections or Commonwealth of Pennsylvania Bureau of Commissions, Elections and Legislation, so complaint was subject to dismissal under Fed. R. Civ. P. 4(m).
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| Early v. United States Life Ins. Co., No. 05-4696,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: Insured's breach of contract and bad-faith refusal to pay benefits claims were properly dismissed under Fed. R. Civ. P. 12(b)(6). Regardless of whether it was asserted under state law or pursuant to ERISA's civil enforcement provision, breach of contract claim failed because life insurance policy was unambiguous. It did not cover insured's ex-wife.
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| Khan v. AG of the United States, No. 06-1079,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: An alien's petition for review was denied. He failed to show that IJ and BIA abused their discretion in denying his fifth request for continuance of removal proceedings under 8 C.F.R. § 1003.29. Request was properly denied because I-130 petition filed on alien's behalf was not prima facie approvable petition under 8 U.S.C.S. §§ 1255(a)(3), 1153(a).
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| Lauren W. v. DeFlaminis, Nos. 05-3774, 05-4008, 05-4009,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: In an action involving the IDEA, the orders of the district court were affirmed; the parents failed to produce sufficient evidence to establish that there was a genuine issue of material fact on their charge that defendants denied funding and related services for the child without the required waiver for a retaliatory reason.
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| United States v. Brooks, No. 05-4453,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: District court properly applied USSG § 2K2.1(b)(5) to defendant's sentence for violating 18 U.S.C.S. § 922(g)(1) because he had firearm while in possession of cocaine under circumstances where it was reasonable for charging officers to infer and conclude that he possessed quantities and containers of cocaine with intent to distribute them.
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| United States v. Lomax, No. 06-1139,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: The two year sentence that a district court imposed pursuant to 18 U.S.C.S. § 3583(e)(3) was not unreasonable, even though it exceeded applicable guidelines range under U.S. Sentencing Guidelines Manual § 7B1.1(A)(2). District court had considered 18 U.S.C.S. § 3553(a) factors before sentencing defendant for violating supervised release conditions.
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| United States v. Weaver, No. 05-4596,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Opinion Filed
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Overview: Sufficient evidence regarding defendant's receipt of payment for adult education courses that he never taught and never could have taught established the specific intent required for convictions of aiding and abetting wire fraud and theft from a program receiving federal funds in violation of 18 U.S.C.S. §§ 2(a), 1343, and 666(a)(1)(A).
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| Xin Wen Zhang v. AG or the United States, No. 05-3269,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 22, 2007, Filed
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Overview: Alien was properly denied asylum because his treatment while incarcerated did not rise to the level of persecution as the incident described by the alien, in which his hair was pulled, his head was hit on a desk, and he was beat with batons, apparently did not result in serious injury and was not unusual or extreme enough to qualify as persecution.
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