Howley v. Mellon Fin. Corp., 08-1748, concerned a challenge to the district court’s grant of plaintiff’s motion for summary judgment, in plaintiff’s suit for benefits and for unlawful discrimination under ERISA, as well as several related state law claims, arising from denial of plaintiff’s claim for benefits under defendant’s Displacement Program. In affirming the judgment, [...]
Delta Air Lines, Inc. v. Chimet, S.P.A., 09-1202, involved Delta Airlines’ suit for declaratory judgment seeking to limit its liability for losing approximately 100 kilograms of pure platinum shipped from Italy to Pennsylvania. In affirming the district court’s grant of defendant’s motion to dismiss on forum non conveniens grounds, the court held that the district court [...]
In re: Aetna, Inc. Sec. Litig., 09-2970, involved plaintiff shareholders’ securities fraud class action suit against Aetna, Inc., claiming that defendants misled investors about Aetna’s pricing of insurance policies and then sold shares of Aetna’s stock before the fraudulent scheme was revealed to the public.
In affirming the district court’s order dismissing the suit under the Private [...]
Cortez v. Trans Union, LLC, 08-2465, involved plaintiff’s suit against Trans Union pursuant to the Fair Credit Reporting Act for failing to correct the problems with plaintiff’s credit report or respond satisfactorily to her inquiries, arising from defendant’s production of plaintiff’s credit history report to a car dealer containing a credit history report of another [...]
US v. Doe, 09-2615, concerned a challenge to the district court’s sentence of 24 months’ imprisonment upon a defendant following revocation of his supervised release, with the objective of helping him recover from his cocaine addiction.
In affirming, the court held that, because the plain language and operation of the statute governing post-revocation sentencing, 18 U.S.C. [...]
US v. Quiles, 09-1667, concerned a challenge to the district court’s denial of defendants’ motions for a new trial, in a conviction of defendants’ for money laundering and related crimes in connection with their check cashing business. In affirming the judgment, the court held that the interest of justice does not require a new trial as [...]
Steven I. v. Cent. Bucks Sch. Dist., 10-1179, involved plaintiff’s parents’ suit seeking compensatory education from the 1997-1998 school year through the filing date for failure to provide a free appropriate public education under IDEA 2004 and section 504 of the Rehabilitation Act. In reversing the district court’s judgment that the two year statute of [...]
Gallimore v. Attorney General, 08-3379, concerned a Jamaican citizen’s petition for review of BIA’s final order of removal on the ground that petitioner’s conviction alone rendered him ineligible for discretionary relief under INA section 212(c). In granting the petition, the court remanded the matter as, because the BIA’s analysis in all likelihood rests on an historically inaccurate premise, it [...]
Patel v. Attorney General, 09-1572, concerned an Indian citizen’s petition for review of the BIA’s final order affirming the denial of her application for cancellation of removal. In dismissing the petition, the court held that it lacked jurisdiction to review petitioner’s claim that she met her burden of showing an exceptional hardship, because it challenges [...]
US v. Dupree, 09-3391, concerned a challenge to the district court’s denial of the government’s motion for reconsideration of its holding that defendant had been seized without reasonable suspicion, in a prosecution of a defendant for possession of a firearm by a felon. In affirming the judgment, the court held that, because the government has made [...]