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| Haiying Xi v. Shengchun Lu, No. 06-2812,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: Although presence of non-diverse defendant in plaintiff's breach of contract action destroyed diversity under 28 U.S.C.S. § 1332(a)(1), district court's based its finding that defendant was indispensable party pursuant to Fed. R. Civ. P. 19 and could not be removed under Fed. R. Civ. P. 21 on insufficient factors, so matter had to be remanded.
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| Hok Seng Go v. AG of the United States, No. 05-5433,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: Pursuant to 8 U.S.C.S. § 1252(a)(1), substantial evidence supported IJ's finding that alien was not entitled to withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A) because there was no evidence to suggest that criminal incident was motivated by anything other than to rob alien and alien's family continued to live in Indonesia without incident.
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| Lancaster Nissan, Inc. v. NLRB, No. 05-1568, No. 05-2077,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: Employer's petition for review was denied because substantial evidence supported NLRB's finding that employer violated 29 U.S.C.S. §§ 151, 160(a). Evidence showed that employer failed to meet at reasonable times with union, refused to provide requested information, improperly decertified union, and unilaterally changed the conditions of employment.
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| Olaniyi v. Alexa Cab Co., NO. 06-3104,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: A pro se appellant's class action suit was properly dismissed pursuant to Fed. R. Civ. P. 12(b)(1),(6). The district court could not exercise jurisdiction under 28 U.S.C.S. § 1331 or 28 U.S.C.S. § 1332. Appellant did not assert actionable RICO claims based on appellees' alleged mortgage fraud and identity theft. Parties were not completely diverse.
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| Siemens Bldg. Techs., Inc. v. PNC Fin. Servs. Group, Inc., No. 05-3646,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: In a company's suit alleging that a bank was vicariously liable under a theory of respondeat superior for a teller's fraud in cashing checks that were part of a fraudulent scheme by one of the company's employees, summary judgment for the bank was upheld because the company did not show that the teller was motivated to serve the bank's interests.
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| United States v. Oliver, No. 05-4119,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: District court's 210-month sentence imposed following defendants drug conviction under 21 U.S.C.S. § 841(a)(1) was not unreasonable because it was clear that district court properly applied 18 U.S.C.S. § 3553(a) and considered each factor it deemed relevant to defendant's circumstances and background, as well as characteristics of offense.
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| Weiss v. First Unum Life Ins. Co., No. 05-5428,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: Insured's civil RICO, 18 U.S.C.S. §§ 1961-1968, claim against insurer was improperly dismissed because § 2 of the McCarran-Ferguson Act, 15 U.S.C.S. § 1012, did not preclude RICO's applicability given New Jersey's Insurance Trade Practices Act because allowing RICO claims would not "impair" New Jersey's regulatory scheme, which was not exclusive.
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| Williams v. Beard, No. 06-1518,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Opinion Filed
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Overview: Summary judgment entered for a prison official in civil rights suit was vacated. Although inmate failed to include official's name in his grievance as required by Pa. Dep't Corr. Regs. DC-ADM 804.VI.A.l.g, procedural default was excused because prison had acknowledged official's involvement. 42 U.S.C.S. § 1997e(a) exhaustion requirements were met.
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| Williams v. St. Joan of Arc Church, No. 05-4953,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 3, 2007, Filed
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Overview: District court's grant of summary judgment to employer in employee's action brought under ADEA was reversed because district court erroneously viewed disputed facts in light more favorable to employer than to employee when determining that employee failed to make prima facie case and that employer's efficiency/economics argument was not pretextual.
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