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| Galati v. Commerce Bancorp, Inc., No. 05-5157,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: Investors' consolidated class action complaint was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(6). Their 15 U.S.C.S. § 78j(b) and 17 C.F.R. § 240.10b-5 claims failed as matter of law. Bank did not have duty to disclose officers' malfeasance. Investors did not identify any material statements that were rendered misleading by nondisclosure.
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| Muzslay v. City of Ocean City, No. 05-1335; No. 05-1429,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: Where there was evidence in the form of a letter from the employee and statements by the director that would permit a reasonable jury to conclude that the employee was retaliated against for "blowing the whistle" on the director's interference in a pension board matter, summary judgment against the employee's retaliation claims was reversed.
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| Nunez v. AG of the United States, No. 05-2974,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Opinion Filed
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Overview: An alien's petition for review was granted. An IJ and the BIA had applied an incorrect legal standard when evaluating alien's claim for relief under the CAT. Alien's assertion, that Dominican Republican government would be willfully blind to his need for protection from drug lord, met definition of governmental acquiescence for CAT relief purposes.
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| Rivera v. Rogers, NO. 06-2936,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: Civilly committed sexual predator's § 1983 complaint was properly dismissed. Treatment facility's mail policies did not violate his U.S. Const. amend. I rights. His property was confiscated pursuant to those policies. Denial of access to courts claim failed because predator did not allege that he suffered actual injury from facility's limitations.
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| St. Hill v. Gonzales, No. 04-4191,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: Under the REAL ID Act, not only did the court have to abide by the express statutory command that petitions for review were to be transferred to the appropriate court of appeals but also in the present case, interests of judicial economy mandated transfer to the appellate court where the IJ completed the proceedings under 8 U.S.C.S. § 1252(b)(2).
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| United States v. Coker, No. 05-4056,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Opinion Filed
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Overview: After much of an individual's account of a shooting incident was corroborated, it was reasonable for officers to conclude that the information concerning a vehicle involved in the incident, which contained defendant, was also accurate; this belief justified an investigatory stop, and defendant's motion to suppress was properly denied.
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| United States v. Ford, Case No: 05-4998,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: District court did not abuse its discretion by admitting expert testimony under Fed. R. Evid. 702 regarding shoeprint evidence from a bank robbery scene because the court properly found that the testimony was based on valid specialized knowledge and would aid the jury in making comparisons between imprints at the crime scene and defendant's shoes.
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| United States v. Javadi, No. 06-2037,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Submitted Pursuant to Third Circuit LAR 34.1(a) , March 29, 2007, Filed
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Overview: Defendant failed to show that district court committed clear error when it calculated the tax loss arising from his 26 U.S.C.S. § 7206(1) offense. The government's evidence supported finding that tax loss exceeded $ 200,000, based on fact that defendant failed to pay income taxes on approximately $ 900,000 of income from his solely owned business.
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| United States v. Naranjo, No. 05-5395,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: Defendant's suppression motion was properly denied. District court did not commit clear error in finding that customs agents mistakenly failed to give timely Miranda warning, that failure to give warning was not part of deliberate two-step interrogation technique, and that defendant voluntarily waived his rights after he received Miranda warnings.
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| United States v. Sobolewski, No. 05-3014,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 29, 2007, Filed
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Overview: Defendant's pretrial suppression motion was properly denied. Regardless of legality of original entry into hotel room, independent source doctrine applied with regard to search of room. Information obtained by a federal agent during bank robbery investigation was sufficient to establish probable cause to support issuance of search warrant for room.
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