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| Carpet Group Int'l v. Oriental Rug Imps. Ass'n, No. 04-4180,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Filed
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Overview: Plaintiffs' motion for new trial was properly denied because jury's finding that defendants engaged in concerted actions and conspired to restrain trade and coerce others not to deal with plaintiffs but that conspiracy did not cause injury to plaintiff was plausible as there was evidence that plaintiffs' business endeavors failed for other reasons.
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| County Concrete Corp. v. Twp. of Roxbury, Nos. 05-1680 and 05-1865,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Opinion Filed
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Overview: There was no indication any possible motivation for the enactment of an ordinance other than a desire to prevent companies from continuing to operate and expand their extraction business; this was not a legitimate reason for enacting a zoning ordinance and companies stated a claim that the ordinance, on its face, violated substantive due process.
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| Green v. United States, No. 05-1298,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Filed
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Overview: A hip replacement patient's malpractice claim was not untimely under the Federal Tort Claims Act (FTCA), 28 U.S.C.S. § 2401(b), because the patient had no reason to suspect negligence in light of assurances by doctors that his symptoms were normal. It was not until a diagnosis revealed malposition of his replacement that the claim accrued.
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| Kirk v. Comm'r of Soc. Sec., No. 05-2942,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Opinion Filed
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Overview: Administrative decision that concluded a social security disability claimant was not disabled prior to a certain date was supported by substantial evidence because the record showed that psychiatric reports prior to that date identified no significant psychiatric problems and produced no diagnosis of anxiety or related mental conditions.
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| Lengkong v. AG of the United States, No: 05-1948, No: 05-1949,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Submitted Pursuant to Third Circuit LAR 34.1(a) , March 31, 2006, Filed
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Overview: Where aliens did not provide established sources of background material establishing pattern of persecution of ethnic Chinese and Christians in Indonesia, and aliens' documents did not show that persecution was so widespread it was likely aliens would be persecuted, substantial evidence supported denial of their claim for withholding of removal.
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| Saleh v. Gonzales, No. 04-2258,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Opinion Filed
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Overview: Substantial evidence supported the adverse credibility finding and determination that the aliens failed to prove that they were persecuted on the basis of their religion and, thus, entitled to asylum because they provided inconsistent testimony about the nature and scope of threats and no documentation for the husband's torture.
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| United States v. Cepeda, No. 04-4150,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Filed
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Overview: Defendant was properly convicted of a heroin conspiracy because the district court's failure to enumerate the right to confrontation in the Fed. R. Crim. P. 11 colloquy was not plain error when defendant expressed his knowledge of that right in his application for permission to enter a guilty plea.
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| United States v. Rennert, No. 05-1694,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Filed
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Overview: District court properly denied inmate's 28 U.S.C.S. § 2255 motion; Booker announced a new rule of criminal procedure and did not apply retroactively to cases on collateral review, even to cases that became final after Blakely issued but before Booker issued.
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| Watson v. Gerace, No. 05-1296,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Opinion Filed
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Overview: Real estate buyers were entitled to summary judgment on their breach of contract claim because the buyers obtained the necessary commitment to satisfy a mortgage contingency clause in the contract. The sellers were therefore in breach when they cancelled the sale based on their claim that the lender letter provided by the buyers was insufficient.
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| Xue Zeng Li v. Gonzales, No. 04-3732,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, March 31, 2006, Filed
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Overview: Alien was properly denied asylum because several inconsistencies in his testimony called his credibility into question and only evidence of past persecution was his testimony of one instance in which, due to his alleged union involvement, he was detained, interrogated, and had finger broken, but he failed to prove union involvement.
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