 | Daily Opinion Summaries
U.S. 3rd Circuit Court of Appeals |  | | April 13, 2011 FindLaw.com Daily Opinion Summaries Newsletter |
Table of Contents LATEST SUMMARIES Administrative Law, Civil Procedure, Health Law, Injury & Tort Law, Labor & Employment Law
• Helen Mining Co. v. Obush
Sentencing, Criminal Law & Procedure
• US v. Pendleton
Criminal Law & Procedure, Evidence, Ethics & Professional Responsibility
• US v. Bergrin
Civil Procedure, Ethics & Professional Responsibility, Legal Malpractice
• Knopick v. Connelly
Civil Procedure, Civil Rights, Constitutional Law
• Galena v. Leone
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LATEST SUMMARIES Administrative Law, Civil Procedure, Health Law, Injury & Tort Law, Labor & Employment Law
Helen Mining Co. v. Obush, No. 09-3438
In a petition for review of a decision awarding disability benefits under the Black Lung Benefits Act, 30 U.S.C. sections 901-945, petition is denied where claim by retiree sixteen years after he last worked for petitioner was not time-barred because a medical determination of total disability due to pneumoconiosis predating a prior, final denial of benefits is deemed a misdiagnosis and thus, cannot trigger the statute of limitations for filing a subsequent claim. Read more... Sentencing, Criminal Law & Procedure
US v. Pendleton, No. 10-1755
Conviction and sentencing of defendant-sex offender for traveling in interstate and foreign commerce and knowingly failing to register under the Sex Offender Registration and Notification Act (SORNA) are upheld where sufficient evidence supports conviction and Due Process challenge to SORNA fails. Read more...
Criminal Law & Procedure, Evidence, Ethics & Professional Responsibility
US v. Bergrin, No. 10-2204
In a RICO matter involving a high-profile defense attorney and former federal prosecutor accused of leading an extensive criminal enterprise, judgment of district court dismissing case is reversed where a thirty-nine count, superseding indictment adequately pleaded a RICO violation. Read more... Civil Procedure, Ethics & Professional Responsibility, Legal Malpractice
Knopick v. Connelly, No. 10-1589
In a dispute arising from a legal malpractice claim and the timeliness of underlying tort action, summary judgment in favor of defendant on the ground that action was time-barred is reversed where district court failed to apply the discovery rule to underlying claim, and there was a genuine issue of fact prohibiting summary dismissal. Read more... Civil Procedure, Civil Rights, Constitutional Law
Galena v. Leone, No. 10-1914
In a Section 1983 action arising from the expulsion of plaintiff from a public meeting, judgment of the district court vacating jury verdict awarding plaintiff compensatory damages, and denying attorneys fees, is affirmed because there was insufficient evidence supporting jury verdict. Read more...
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