U.S. Third Circuit: January 2011 Archives

US v. Brown, 09-3643

By FindLaw Staff on January 21, 2011 7:30 AM

Motion to suppress sample of defendant's DNA in conviction for armed bank robbery

US v. Brown, 09-3643, concerned a challenge to the district court's grant of defendant's motion to suppress a sample of his DNA on the ground that it had been obtained by way of materially and recklessly false warrant affidavit, in a prosecution of defendant for bank robbery and armed bank robbery.

Continue reading US v. Brown, 09-3643.

Mannella v. Comm'r of Internal Revenue, 10-1308

By FindLaw Staff on January 19, 2011 3:19 PM

Claim for equitable innocent spouse relief in an action for unpaid taxes

Mannella v. Comm'r of Internal Revenue, 10-1308, concerned a challenge to the United States Tax Court's decision that petitioner did not owe any income taxes, interest, or penalties for the taxable years 1996 through 2000, in invalidating a Treasury Department regulation, 26 C.F.R. section 1.6015-5(b)(1), that sets two-year deadline to file a claim for equitable "innocent spouse" relief under 26 U.S.C. section 6015(f) from liability resulting from a jointly filed federal income tax return.

Continue reading Mannella v. Comm'r of Internal Revenue, 10-1308.

US v. Reevey, 10-1812

By FindLaw Staff on January 19, 2011 2:37 PM

Sentencing challenges to convictions for crack cocaine related offenses

US v. Reevey, 10-1812, concerned a challenge to the district court's refusal to impose a sentence below the statutory mandatory prison term of five years, in a consolidated appeal of defendants' sentences for their crack cocaine related offenses. In affirming the sentences, the court held that the Fair Sentencing Act of 2010 may not be retroactively applied to authorize the district court to impose a sentence below the prescribed mandatory minimum prison term in effect at the time the defendants were sentenced.

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Read the Third Circuit's Full Decision in US v. Reevey, 10-1812

Barefoot Architect, Inc. v. Bunge, 09-4495

By FindLaw Staff on January 14, 2011 4:33 PM

Action for violation of a copyright in a home design

Barefoot Architect, Inc. v. Bunge, 09-4495, concerned an architect's suit against former clients and an architectural firm for violation of the Lanham Act and breach of contract and a claim that defendants had violated its copyright in a home design.

Continue reading Barefoot Architect, Inc. v. Bunge, 09-4495.

Cooper Univ. Hosp. v. Sebelius, 09-4095

By FindLaw Staff on January 14, 2011 4:27 PM

Action for Medicare reimbursements

Cooper Univ. Hosp. v. Sebelius, 09-4095, concerned a university hospital's suit against the Secretary the U.S. Department of Health and Human Services over the amount of Medicare reimbursement that the hospital receives from the federal government for serving a disproportionate share of low-income patients. After carefully considering the record, the submissions of the parties and the oral argument, the court affirmed the district judge's judgment.

Related Link:

Read the Third Circuit's Full Decision in Cooper Univ. Hops. v. Sebelius, 09-4095

Allen v. LaSalle Bank, N.A., 09-1466

By FindLaw Staff on January 12, 2011 4:21 PM

Dismissal of plaintiff's action under the Federal Debt Collection Practices Act

Allen v. LaSalle Bank, N.A., 09-1466, concerned a challenge to the district court's dismissal of a complaint in concluding that, because plaintiff's attorney protected her form any unfair or unconscionable means used to collect the debt, plaintiff had failed to state viable Federal Debt Collection Practices Act (FDCPA) claims, in plaintiff's class action suit against a law firm, arising from an underlying mortgage foreclosure action against the plaintiff brought by the law firm on behalf of a bank.

Continue reading Allen v. LaSalle Bank, N.A., 09-1466.

Keystone Redevelopment Partners, LLC v. Decker, 10-1054

By FindLaw Staff on January 7, 2011 3:16 PM

Civil rights action against former and current members of the Gaming Board

Keystone Redevelopment Partners, LLC v. Decker, 10-1054, concerned a plaintiff's suit against former and current members of the Gaming Board in their official capacities, seeking relief under 42 U.S.C. section 1983 for alleged violations of its constitutional rights under the Commerce Clause of Article 1, Section 8, the First Amendment, and the Equal Protection Clause of the Fourteenth Amendment, based on their decisions to grant gaming licenses to certain applicants other than plaintiff.

Continue reading Keystone Redevelopment Partners, LLC v. Decker, 10-1054.

US v. Whitfield, 09-3031

By FindLaw Staff on January 6, 2011 3:18 PM

Motion to suppress in conviction for being a felon in possession of a firearm

US v. Whitfield, 09-3031, concerned a challenge to the district court's denial of a motion to suppress a gun and other evidence, in a prosecution of defendant for being a felon in possession of a firearm. In affirming the judgment, the court held that, applying the collective knowledge doctrine, there is little question that there was reasonable suspicion to seize defendant.

Continue reading US v. Whitfield, 09-3031.

Smith of Borough of Dunmore, 07-4534

By FindLaw Staff on January 5, 2011 3:32 PM

Action for defamation, due process and right of privacy violations and retaliation

Smith of Borough of Dunmore, 07-4534, concerned a challenge to the district court's judgment in favor of the defendants in a fire captain's suit against the Borough of Dunmore and five council members, claiming defamation, due process violations, right of privacy violations, and retaliation, arising from his suspension and the publicizing of that suspension in a local paper.

Continue reading Smith of Borough of Dunmore, 07-4534.

Capato v. Comm'r of Soc. Sec., 10-2027

By FindLaw Staff on January 4, 2011 2:09 PM

Denial of a widow's application for surviving child's insurance benefits

Capato v. Comm'r of Soc. Sec., 10-2027, concerned a widow's application for surviving child's insurance benefits on behalf of her twins based on her husband's earnings record, born eighteenth months after her husband's death from in vitro fertilization using the frozen sperm of her husband.

Continue reading Capato v. Comm'r of Soc. Sec., 10-2027.

January 2011 Archives