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Where plaintiffs' discovery requests in their state court action sought information that had been at the heart of the dispute from day one, the requests did not provide a new basis for removal and, thus, defendant's notice of removal was untimely under 28 U.S.C. §1446(b)(3). The court granted plaintiffs' motion for remand.
Pharmacy's fee review properly denied where it attacked the underlying conclusions of a utilization review, which were beyond the scope of review of the fee review hearing office. Order of the Bureau of Workers' Compensation Fee Review Hearing Office affirmed.
District court properly denied appellant's motion to suppress statements he made to police when he was interviewed about extortion threats he received because he was not in custody and voluntarily answered questions that led to the extortionists being convicted. Affirmed.
Trial court properly found that use of landowner's property as a fraternity house was a lawful nonconforming use since the property had been used as a fraternity house long before borough adopted the more restrictive 2010 definition of "Fraternity House." Affirmed.
Appellant was correctly found guilty of multiple drug and weapons counts but trial court erred in sentencing him to 1,020 months in prison because it relied on his bare arrest record as part of the justification for his sentence. Vacated in part and affirmed in part.
A water board's rate determination did not constitute an "adjudication," so no due process rights attached. The court held that a board member was not biased simply because that person was also a city official.
The trial court allowed plaintiff to recover punitive damages in this products liability suit involving a pelvic mesh device where the defendant manufacturer did not report adverse events to the Food and Drug Administration, as required, and denied defendants' motion to reduce the jury's substantial verdict for plaintiff. The trial court recommended affirmance.
Student of Hispanic descent sufficiently pled equal protection violation by alleging that school officials engaged in selective enforcement of neutral disciplinary policy against him while not enforcing the policy in a similar manner against his fellow white classmates. Defendants' motion to dismiss denied in part and granted in part.
Publication Date: 2019-12-23 Practice Area:Criminal Law Industry: Court:U.S. Court of Appeals for the Third Circuit Judge:Justice Fisher Attorneys:For plaintiff: Lisa Mathewson for defendant: Mark E. Coyne, Assistant United States Attorney (Office of United States Attorney); Craig Carpenito, United States Attorney, and Norman Gross, Assistant United States Attorney (Office of United States Attorney) Case Number: 18-1881
Miranda Warnings Unnecessary Where Defendant Voluntarily Reported Being Victim of a Crime and Police's Questions Were Necessary to Investigate
Summary judgment in favor of defendants was proper in this negligence case, because plaintiff failed to provide expert testimony regarding causation, and she was not entitled to avail herself of the doctrine of res ipsa loquitur.