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

December 2010 Archives

US v. Kulick, 09-3833

Sentencing challenge in conviction for being a felon in possession of a firearm

US v. Kulick, 09-3833, concerned a challenge to the district court's imposition of a 37-month sentence in assigning a base offense level of 23 under the Guidelines by cross-referencing a dismissed charge for extortion, in a prosecution of defendant for being a felon in possession of a firearm.

 

Cruz v. Comm'r of Soc. Sec., 10-1494

Motion for attorney's fees under the Equal Access to Justice Act

Cruz v. Comm'r of Soc. Sec., 10-1494, concerned a challenge to a Magistrate Judge's denial of plaintiff's motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. section 2412, and denial of a motion to alter or amend judgment, in plaintiff's on-going suit seeking judicial review of the final decision of the Commissioner of the Social Security Administration denying his claim for disability benefits.


In re: Rodriguez, 09-2724

Lender's violation of automatic stay in bankruptcy proceedings

In re: Rodriguez, 09-2724, concerned a challenge to the district court's affirmance of a Bankruptcy Court's determination that Countrywide Home Loans, Inc. (Countrywide) did not have a pre-petition claim against the debtors and thus did not violate the automatic stay when it recalculated the debtors' post-petition escrow payments on their mortgage account to include certain pre-petition escrow arrears.


Consolidation Coal Co. v. Benefits Review Bd., 08-4651

Claim for benefits under the Longshore and Harbor Workers' Compensation Act

Consolidation Coal Co. v. Benefits Review Bd., 08-4651, concerned a challenge to the Benefit Review Board's (Board) affirmance of an ALJ's decision and order that petitioner must pay an employee benefits under the Longshore and Harbor Workers' Compensation Act (Act) for an injury he suffered while working for petitioner.

 

Freeman v. Corzine, 08-3268

Challenge to New Jersey's Alcoholic Beverage Control Law as violative of the dormant Commerce Clause

Freeman v. Corzine, 08-3268, concerned plaintiffs' suit against the New Jersey's Director of Alcoholic Beverage Control, claiming that several aspects of New Jersey's Alcoholic Beverage Control Law (ABC Law) infringe on the dormant Commerce Clause in violation of 42 U.S.C. section 1983.

In re: Pet Food Products Liability Litig., 08-4741

$24 million settlement in a class action suit against pet food manufacturer

In re: Pet Food Products Liability Litig., 08-4741, concerned a challenge to the district court's approval of a $24 million settlement in a class action lawsuit on behalf of consumers in the United States and Canada who purchased, used or obtained, or whose pets consumed, wet pet food that was allegedly contaminated with melamine and cyanuric acid.

 

Rea v. Federated Investors, 10-1440

Plaintiff's suit against defendant for refusing to hire him because he had formerly declared bankruptcy

Rea v. Federated Investors, 10-1440, concerned a plaintiff's suit claiming that defendant violated 11 U.S.C. section 525(b) for refusing to hire him because he had previously declared bankruptcy.  In affirming the district court's grant of defendant's motion to dismiss for failure to state a claim, the court held that the district court properly declined plaintiff's request to read the phrase "discrimination with respect to employment" in section 525(b) as broad enough to encompass discrimination in the denial of employment.


Santiago v. Warminster Township, 10-1294

Plaintiff's civil rights suit for suffering a heart attack during a police raid of her home

Santiago v. Warminster Township, 10-1294, concerned a challenge to the district court's dismissal of plaintiff's claims, in plaintiff's 42 U.S.C. section 1983 suit against a town and three of its senior police officers, claiming that she suffered a hear attack after being subjected to excessive force during a raid on her home.

US v. Larkin, 09-2619

Sentencing challenge in child pornography conviction

US v. Larkin, 09-2619, concerned a challenge to the district court's imposition of a statutory maximum sentence of 360 months, followed by a life term of supervised release, upon a defendant convicted of producing child pornography in violation of 18 U.S.C. section 2251(a).

 

McGee v. Martinez, 08-4199

Dismissal of defendant's habeas petition challenging the IFRP payment schedule and sanctions imposed for noncompliance with payment vacated

McGee v. Martinez, 08-4199, concerned an inmate's petition pro se under 28 U.S.C. section 2241, claiming that his rights were being violated by the "unconstitutional conditions of confinement," by the restriction of his commissary spending and the hindrance this imposed on his ability to pursue his original habeas action.