U.S. Third Circuit: October 2010 Archives
U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog

October 2010 Archives

Moving company's suit against a school district for unjust enrichment barred

Wayne Moving & Storage of New Jersey, Inc. v. Sch. Dist. of Philadelphia, 09-3890, concerned a challenge to the district court's grant of plaintiff's motion for summary judgment and an award of $830,071.18 plus interest, in plaintiff's suit against a school district under a theory of unjust enrichment for unpaid moving services.

 

Fed. Trade Comm'n v. Lane Labs-USA, Inc., 09-3909

District court's order denying the FTC's motion to hold manufacturing distributors of certain dietary supplements in contempt of a consent judgment vacated

Fed. Trade Comm'n v. Lane Labs-USA, Inc., 09-3909, concerned a challenge to the district court's order denying the Federal Trade Commission's (FTC) motion to hold defendants in contempt for violation of a consent judgments entered by the district court on July 2000 and September 26, 2000, in proceedings arising from the Federal Trade Commission's (FTC) action against defendants manufacturing distributor of specialty dietary supplements and cosmetic products, charging defendants with deceptive acts in violation of section 5 of the Federal Trade Commission Act (Act).

Thomas v. Attorney General, 08-4706

Jamaican citizen's petition for review of BIA's dismissal of appeal of an IJ's removal order granted

Thomas v. Attorney General, 08-4706, concerned a Jamaican citizen's petition for review of BIA's dismissal of his appeal of an IJ's judgment finding him removable.  In granting the petition, the court held that there exists jurisdiction over petitioner's petition for review of the BIA's original decision.  The court also held that petitioner's misdemeanor convictions for violating New York Law section 221.40 do not constitute drug trafficking crimes that qualify as aggravated felonies.

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US v. Grober, 09-2120,

District court's imposition of a mandatory minimum sentence upon a defendant convicted of child pornography-related crimes affirmed

US v. Grober, 09-2120, concerned a challenge to the district court's imposition of a mandatory minimum sentence of five years, in a prosecution of defendant for child pornography related crimes.

Invista S.A.R.L. v. Rhodia, SA, 09-2514

Denial of a motion to dismiss or stay the litigation, for misappropriation of trade secrets of a technology for manufacturing a chemical used in manufacturing nylon, in favor of arbitration

Invista S.A.R.L. v. Rhodia, SA, 09-2514, concerned a challenge to the district court's denial of defendant's motion to either dismiss or stay the litigation in favor of arbitration, in plaintiff's suit for interference with contract, unfair competition, and misappropriation of trade secrets, in connection with a technology for manufacturing a critical intermediate chemical used in manufacturing nylon.

Farina v. Nokia Inc., 08-4034

Plaintiff's class action lawsuit against cell phone manufacturers and retailers claiming unsafe exposure to radio frequency radiation dismissed

Farina v. Nokia Inc., 08-4034, concerned a challenge to the district court's dismissal of plaintiff's complaint on the ground that the claims are preempted by regulations promulgated by the Federal Communications Commission (FCC), in a class action lawsuit against various cell phone manufacturers and retailers of wireless handheld telephones, claiming that cell phones, as currently manufactured, are unsafe to be operated without headsets because they may expose the user to dangerous amounts of radio frequency (RF) radiation.

Ramos-Olivieri v. Attorney General, 09-2558

Petition for review of a BIA's dismissal of IJ's denial of Uruguayan citizen's motion to reopen denied

Ramos-Olivieri v. Attorney General, 09-2558, concerned a challenge to a Uruguayan citizen's petition for review of a BIA's dismissal of an appeal of an IJ's denial of a motion to reopen.  In denying the petition, the court held that an evidentiary hearing was not called for and the Board acted within its discretion in denying his motion to reopen as petitioner does not even assert that he was eligible for any form of relief from removal prior to his marriage in March 2007.  Further, although an alien may seek reopening in order to apply for adjustment of status, the Board properly concluded that the petitioner is statutorily ineligible for such relief for a period of 10 years pursuant to 8 U.S.C. section 1229a(b)(7).

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Spence v. ESAB Group, Inc., 09-4363

Summary judgment in favor of a shipper for third-party carrier tractor trailer driver's injuries vacated and remanded

Spence v. ESAB Group, Inc., 09-4363, concerned a challenge to the district court's grant of summary judgment in favor of the defendant, in an injured tractor trailer driver's suit against a shipper, claiming that an accident was the result of the shipper's failure to secure the cargo it loaded onto the trailer, which he claimed was a violation of its duty of care to him and the proximate cause of his injuries.

US v. Christie, 09-2908

Conviction of defendant for child pornography and a 1,080-month sentence affirmed

US v. Christie, 09-2908, concerned a challenge to the district court's conviction of a defendant for various child pornography offenses and imposition of a sentence of 1,080-months' imprisonment, arising from a two-year investigation into the website of the North America Man-Girl Love Association (NAMGLA).

 

Bear Mountain Orchards, Inc. v. Mich-Kim, Inc., 09-2041

Wife in the Wife-Husband Owned Defunct Corporation Not Secondarily Liable Under the PACA

Bear Mountain Orchards, Inc. v. Mich-Kim, Inc., 09-2041, involved plaintiffs' suit against an officer of a now defunct wholesale produce dealer, claiming that the officer is individually liable to them under the Perishable Agricultural Commodities Act (PACA) for money owed by the corporation.  In affirming the district court's holding that the individual was not secondarily liable, regardless of her title, to trust creditors, the court held that the officer is not individually liable for breaching the corporation's fiduciary duties to the PACA trust because she did not have the actual ability to control its trust assets.

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Catwell v. Attorney General, 08-4208

Petition for review of BIA's order vacating IJ's grant of cancellation of removal denied

Catwell v. Attorney General, 08-4208, concerned a petition for review of a decision of the BIA that vacated an IJ's decision granting cancellation of removal, and instead entered a final order of removal against petitioner to Guyana.  In denying the petition, the court held that the petitioner possessed more than a small amount of marijuana in his 2003 Pennsylvania state law conviction for possession with intent to distribute 120.5 grams of marijuana, and thus, the BIA correctly concluded that petitioner was not eligible for cancellation of removal.  The court also held that the BIA correctly deferred to the IJ's findings of fact.  Lastly, petitioner's constitutional challenge to former 8 U.S.C. section 1432 is without merit.

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Judgment against a nonprofit organization's suit against its insurer for denying coverage in litigation with a tobacco firm affirmed

Am. Legacy Found., RP v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, 09-3336, involved a nonprofit organization's suit against its insurer for expenses incurred in defending against a tobacco company in an underlying suit related to the series of ads branded "the truth (TM)", for which the insurance company denied coverage.  In affirming the district court's judgment in favor of the insurer, the court held tht none of the insurer's policies entitle the plaintiff to recover expenses incurred in defending its underlying lawsuit.

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Eurofins Pharma US Holdings v. BioAlliance Pharma SA, 09-3790

Dismissal of Plaintiff's Suit for Forum Non Conveniens Affirmed

Eurofins Pharma US Holdings v. BioAlliance Pharma SA, 09-3790, concerned a challenge to the district court's dismissal of the suit under the doctrine of forum non conveniens, in a dispute involving the acquisition of intellectual property that includes in vitro phenotyping technology that assists in the development and administration of drugs used to treat HIV and Hepatitis B by testing the effectiveness of those drugs on specific patients' viruses.

 

Cheng v. Attorney General, 09-2022

Asylum Decision Addresses Whether Forced IUD Use Amounts to Sterilization

Cheng v. Attorney General, 09-2022, concerned a Chinese citizen's petition for review of a BIA's dismissal of an appeal from an IJ's denial of petitioner's application for asylum and related relief.

Renchenski v. Piazza, 07-3530, involved an inmate's 42 U.S.C. section 1983 suit alleging that his forced participation in sex offender treatment therapy violates several constitutional rights.  In reversing the district court's grant of summary judgment in favor of the defendants on the inmate's procedural due process claim, the court remanded the matter as, because the inmate was never charged with nor convicted of a sex offense, the procedure he was afforded during his trial and conviction for the 1982 murder cannot serve as the sufficient procedural safeguard for Fourteenth Amendment purposes.

 

US v. Pierce, 09-3865, concerned a challenge to the district court's denial of defendant's motion to suppress, in a conviction of defendant for possession with intent to distribute 500 grams or more of cocaine.  In affirming, the court held that the narcotics dog's interior sniffs, as a natural migration from his initial exterior sniffs, did not constitute a search requiring a warrant or probable cause.