Tuesday, March 29, 2011

Daily Opinion Summaries for U.S. 3rd Circuit Court of Appeals - 03/29/2011

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Daily Opinion Summaries
U.S. 3rd Circuit Court of Appeals

March 29, 2011 FindLaw.com Daily Opinion Summaries Newsletter

Table of Contents

LATEST SUMMARIES

ERISA, Evidence
Baldwin v. UPMC

Civil Procedure, Class Actions, Securities Law
In Re: DVI, Inc. Securities Litig.

Civil Rights, Constitutional Law, Labor & Employment Law
Schmidt v. Creedon

Criminal Law & Procedure, Sentencing
US v. Negroni

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LATEST SUMMARIES

ERISA, Evidence
Baldwin v. UPMC, No. 10-1673
In a dispute involving the standing of an adoptive mother to receive insurance proceeds from policies subject to ERISA on behalf of adopted children, judgment by trial court is reversed where adoptive mother is entitled to offer evidence as to benefactor's intent as she alleges in her complaint. Read more...

Civil Procedure, Class Actions, Securities Law
In Re: DVI, Inc. Securities Litig., No. 08-8033, 08-8045
In a section 10(b) and Rule 10b-5 class action securities litigation, district court grant of motion for class certification is affirmed where the court applied the proper legal standards, its factual findings were not clearly erroneous, and its weighing of the factors was not an abuse of discretion. Read more...





Civil Rights, Constitutional Law, Labor & Employment Law
Schmidt v. Creedon, No. 09-2051
In a Due Process challenge to the suspension of appellant from a police department, judgment of the district court in favor of defendants is affirmed because except for extraordinary situations, a brief and informal pre-termination or pre-suspension hearing is necessary under Pennsylvania law even when union grievance procedures permit a policeman to challenge his suspension after the fact, but defendants are entitled to qualified immunity. Read more...

Criminal Law & Procedure, Sentencing
US v. Negroni, No. 10-1050
Sentencing of defendants for criminal fraud is reversed where district court committed prejudicial error where court failed to give an adequate explanation for the downward deviation from the recommended Guidelines Read more...

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