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| Lum v. Bank of Am., NO. 05-5460,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 7, 2007, Filed
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Overview: Borrowers newly discovered definitions of "prime rate" did not cure their previous failure to plead with particularity under Fed. R. Civ. P. 9(b), because they did not allege a specific date, place, or time for the fraud or an alternate means to inject precision into the allegations; dismissal of the borrowers' amended complaint was affirmed.
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| Ru Lin v. AG of the United States, No. 05-5512,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 7, 2007, Filed
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Overview: Where alien did not allege that Chinese officials threatened to forcibly examine her if she did not submit or that she was threatened with imprisonment or permanent loss of employment if she refused, the unfulfilled threats described were not sufficient to show persecution and the BIA's denial of asylum and other relief for the alien was affirmed.
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| United States v. Share, Case No.: 06-2304,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 7, 2007, Filed
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Overview: Defendant's sentence for obstruction of justice and conspiracy to defraud the United States was properly enhanced under USSG §§ 2B1.1(b)(1)(I), 2C1.7(b)(1)(A)(ii), 3B1.1(a) (2003); defendant received more than $1 million in illegal gratuities and fraudulent government contracts, and he helped organize an extensive conspiracy that lasted four years.
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| Williams v. Kort, No. 06-1937,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 7, 2007, Filed
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Overview: Doctor was properly granted summary judgment on inmate's Eight Amendment claim because time period between doctor's telling inmate that he would take certain action if knee injury did not improve and inmate's transfer to other prison was based on doctor's finding that MRI and referral would not be necessary as inmate was feeling well at that time.
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| Yurchak v. County of Carbon, No. 06-2307,
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, May 7, 2007, Opinion Filed
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Overview: Appellate court affirmed district court's denial of summary judgment to county commissioners because they had not successfully asserted qualified immunity defense in employee's § 1983 action and evidence sufficed for jury trial as genuine issue of material fact remained as to whether commissioners' motives in firing employee were discriminatory.
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