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| Ibrahim v. Kriebel, NO. 04-1630,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Filed
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Overview: Inmate's in forma pauperis (IFP) status was properly rescinded under 28 U.S.C.S. § 1915(g) because inmate had three or more actions dismissed as frivolous or for failure to state a claim; district court did not have to honor prior grant of IFP by state court because state court lacked authority to transfer case to district court.
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| Meridian Mut. Ins. Co. v. Cont'l Bus. Ctr., No. 05-2534,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Opinion Filed
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Overview: Because owner of building complex damaged by fire failed to allege actual causation between real property rented by an insured and the fire or resulting damage, the owner failed to show that it was covered by the insured's general liability insurance policy. Therefore, the insurer had no duty to defend or indemnify the owner in underlying lawsuits.
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| P. N. v. Clementon Bd. of Educ., No. 04-4705,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Filed
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Overview: Where a minor was unconditionally required to be reinstated in school and received, inter alia, reimbursement for psychological services and an evaluation by an independent team rather than what the local board of education wanted, the minor and his guardian were prevailing parties and entitled to 20 U.S.C.S. § 1415(i)(3)(B) attorneys' fees.
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| SEC v. J.W. Barclay & Co., Case No: 04-3536,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Filed
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Overview: Former broker-dealer president was jointly and severally liable under 15 U.S.C.S. § 78t(a) for company's unpaid penalty. Securities Exchange Act of 1934 provided for control person's joint and several liability to SEC for debt in amount of unpaid penalty when control person induced and was culpable participant in controlled person's failure to pay.
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| SEC v. Johnson, No. 04-4114,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Filed
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Overview: A judgment finding that business owner had violated 15 U.S.C.S. §§ 77q(a), 78j(b), and S.E.C. Rule 10b-5 was affirmed on appeal. SEC presented sufficient evidence to support finding that owner acted knowingly or recklessly. Scienter instruction was not plainly erroneous. District court did not abuse its discretion in imposing civil fines on owner.
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| Tech. Dev. Co. v. Onischenko, No 05-4835,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Opinion Filed
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Overview: Because a district court's analysis failed to address adequately all of the necessary factors of the forum non conveniens test, including the adequacy of the alternate forum or the proper level of deference to be afforded the company's forum selection, the appellate court vacated the order of dismissal and remanded.
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| Toure v. AG of the United States, No. 05-1746,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Filed
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Overview: Substantial evidence did not support an IJ's finding that three incidents involving the imprisonment and beating of an alien by officials in his country, as well as the ransacking of his home and belongings, were not sufficiently severe to constitute persecution, particularly where the alien fled the country and his family was forced into hiding.
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| United States v. Anderson, No. 05-2140,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Opinion Filed
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Overview: District court did not err in calculating appellant's total offense level by taking into account two prior convictions. The court properly found the prior convictions by a preponderance of the evidence; it was not necessary for the priors to be proved to a jury beyond a reasonable doubt as appellant argued.
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| United States v. Gaddy, No. 04-3694,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006, Filed
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Overview: Where the criminal counts at issue were not essentially different kinds of criminal liability - each required possession with an intent to distribute - and the underlying theories for the criminal liability were not factually complex, the district court did not err in failing to issue a specific unanimity charge to the jury.
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| United States v. Jackson, No. 05-1454,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 5, 2006), Filed
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Overview: Because the appellate court found that 21 U.S.C.S. § 841(a)(1) was a lesser-included offense of 21 U.S.C.S. § 860(a), the district court committed plain error when it sentenced defendant. Defendant's conviction and sentence under 21 U.S.C.S. § 841(a)(1) was vacated and the case was remanded for resentencing.
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