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| Allen v. Susquehanna Twp. Sch. Dist., No. 06-2481,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2007, Filed
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Overview: School district was properly granted summary judgment in suit filed by parents. Parents failed to show that special relationship or state-created danger exceptions applied to render district liable under U.S. Const. amend. XIV for child's off-campus death. No violation of IDEA or discrimination under ADA or Rehabilitation Act by district was shown.
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| Cont'l Airlines, Inc. v. E. Pilots Merger Comm., Inc. (In re Cont'l Airlines, Inc.), Nos. 05-1053, 05-1096,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2007, Opinion Filed
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Overview: Airline and its pilots were not required to arbitrate claims for violation of seniority rights brought by a predecessor airline's pilots; claims against the airline had been discharged in the airline's bankruptcy, and arbitration was not required under the Railway Labor Act. The Norris-LaGuardia Act did not preclude an order enjoining arbitration.
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| United States v. Paczan, Case No: 06-2106,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2007, Filed
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Overview: District court did not abuse its discretion in denying ex parte application for payment of expert services under 18 U.S.C.S. § 3006A(e)(1) because defendant did not show that expert testimony was necessary to mount adequate defense. Within-guidelines 33 month sentence, imposed for three drug manufacturing-related convictions, was not unreasonable.
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| United States v. Solano-Marrero, No. 06-3470,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2007, Filed
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Overview: Defendant's 57-month sentence imposed following his conviction for reentry after deportation, a violation of 8 U.S.C.S. § 1326(a)(2), (b)(2), was affirmed because district court gave meaningful consideration to § 3553(a) factors by describing alien's criminal convictions, his lack of verifiable employment record, and his absconding from parole.
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| United States v. Soto, No. 05-4660,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2007, Opinion Filed
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Overview: Defendant's sentence for his conviction for possession of a firearm by a convicted felon, a violation of 18 U.S.C.S. § 922(g)(1) was affirmed because district court properly considered advisory guidelines and considered 18 U.S.C.S. § 3553(a) factors, including fact that firearm was found loaded when seized by police and his lengthy criminal past.
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| Yi Hua Cao v. AG of the United States, No. 06-1290,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, April 24, 2007, Filed
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Overview: Chinese Alien's third motion to reopen was properly denied because he failed to show "changed circumstances" exception to time and numeric limitations of 8 C.F.R. § 1003.2(c)(2) as his reliance on People's Family Planning Law was merely updated information that reinforced his claim of persecution and fear of forced sterilization by government.
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