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| Dennis v. AG of the United States, NO. 05-4457,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Because court had dismissed alien's petition for review of BIA's order finding him removable under INA § 212(a)(2) for his state conviction for attempted criminal sale of a controlled substance in the third degree, and because court had also denied his related appeal from denial of habeas relief, alien's appeal from removal order was dismissed.
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| Dvi Fin. Servs. v. Bay Area Reg'l Cancer Ctr., L.P., No. 05-3176,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: In breach of contract action, district court granted lessees sufficient opportunity to be heard on bank's joinder under Fed. R. Civ. P. 25(c) because district court held two teleconferences with parties, permitted lessees to file brief in opposition to bank's motion to join, and amended its order to facilitate lessees' counterclaims against lessor.
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| Gambino v. Arnouk, No. 05-5422,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Opinion Filed
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Overview: While the insurer did exercise discretionary authority to determine eligibility for ERISA benefits, this did not justify district court's use of de novo factfinding and deciding the case on an expanded record; thus, district court's denial of employee's claim for short-term disability benefits under 29 U.S.C.S. § 1132(a)(1)(B) was reversed.
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| Grasty v. Devon Courtyard, NO. 05-4716,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: District court properly dismissed former employee's personal injury complaint against former employer because district court lacked subject matter jurisdiction over personal injury complaint, as there was no federal question presented under 28 U.S.C.S. § 1331, nor any allegation of diversity of citizenship between parties under 28 U.S.C.S. § 1332.
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| In re Bell, No. 07-1440,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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| In re Francis, No. 07-1698,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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| In re Trader, NO. 07-1336,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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| Jackman v. McMillan, NO. 06-2474,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Filed
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Overview: Property owner's 42 U.S.C.S. § 1983 action was properly dismissed pursuant to 28 U.S.C.S. 1915(e)(2)(B)(ii) because his claims amounted to nothing more than inaction on part of sheriff and county official as they did not affirmatively assist or conduct auction of his property; thus, state could not be held responsible under Fourteenth Amendment.
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| Lion Mining Co. v. Coutts, No. 05-4243,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 17, 2007, Opinion Filed
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Overview: Widow was properly awarded surviving spouse benefits under black lung benefits provisions of Title IV of Federal Coal Mine Health and Safety Act of 1969 because reasonable person could find that evidence showed that pneumoconiosis was substantial contributing cause of miner's death given conflicting opinions of effects of micro-nodules clustering.
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