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Summary: 719 F. Supp. It became apparent from the record adduced in this criminal health care fraud prosecution that there were difficult questions regarding restitution that inevitably would arise at the sentencings of the nine defendants who either pleaded guilty or were convicted after the month-long jury trial on March 3, 2010. The first is whether the City of Philadelphia should be regarded as a "victim" under the Mandatory Victims Restitution Act ("MVRA"), 18 U.S.C. § 3663A. These nine defendants w......read more.


Summary: 641 F. Supp. INTRODUCTION The instant action is a dispute between two insurance companies who seek to clarify their respective liabilities with regard to a mutually insured third party, in which Plaintiff seeks: 1) a declaration of Defendant's duty to defend under an insurance policy issued by Defendant to G & B Specialities, Inc. ("G & B"); 2); a declaration that Plaintiff is entitled to indemnification, *409 reimbursement, equitable contribution and/or quantum meruit from Defendant for Plainti......read more.


Summary: 702 F. Supp. *543 Patrick F. Flanigan, Swarthmore, PA, for Plaintiff. Thus, what remains at issue is Lincoln's Motion for Summary Judgment on Plaintiff's retaliation claims under Title VII of the Civil Rights Act of 1964 ("Title VII") (Count V) and the Pennsylvania Human Relations Act ("PHRA") (Count VI). [20] Moore v. City of Philadelphia, 461 F.3d 331, 340 (3d Cir.2006) (quoting Nelson v. Upsala Coll., 51 F.3d 383, 386 (3d Cir.1995)). [22] Drinkwater v. Union Carbide Corp., 904 F.2d 853 (3d Ci......read more.






Summary: 869 F. Supp. Cohen v. Austin, 833 F. Supp. In a Memorandum and Order entered on August 26, 1994, Cohen v. Austin, 861 F. Supp. See Gromo v. Office of Personnel Management, 944 F.2d 882, 884 (Fed.Cir.1991) ("When reviewing a decision of the MSPB, this court will affirm that decision unless it is found to be ..."); Burroughs v. Department of the Army, 918 F.2d 170, 171 (Fed.Cir.1990) ("This court may set aside a decision of the MSPB if it is found to be ..."); Rogers v. Department of Defense Depen......read more.




Summary: 212 F. Supp. July 16, 1997), aff'd, 141 F.3d 1155 (3d Cir.1998), cert. No. 272, filed Jan. 6, 1999); (2) Defendant's Rule 60(b)(6) Motion to Vacate This Court's Decision on Section 2255 Motion Entered Against Petitioner on July 16, 1997 (Doc. After this Court's dismissal of defendant's fifth habeas petition on June 21, 2001, see United States v. Enigwe, No. 92-257, 2001 WL 708903 (E.D.Pa. No. 272, filed Jan. 6, 1999); B. Defendant's Rule 60(b)(6) Motion to Vacate This Court's Decision on Section......read more.


Summary: 340 F. Supp. [2] On the last day of the first trial and prior to Judge Wood's instructions to the jury, defendant Tinney was late for trial. Thus, Judge Wood appropriately granted a withdrawal of the jury as to defendant Tinney, but submitted Sellers' case to the jury. As noted by the Advisory Committee on Criminal Rules of the Judicial Conference of the United States in their comments on Rule 33 of the Rules of Criminal Procedure: "The amendments ... make it clear that a judge has no power to o......read more.


Summary: 630 F. Supp. Plaintiff Vine Street Concerned Citizens, Inc. ("Concerned Citizens") moved to enjoin construction of the Vine Street Transportation Improvements Project ("Vine Street Expressway" or "Expressway") until defendants Elizabeth H. Dole, Secretary of Transportation of the United States, and Thomas Larson, Secretary of Transportation of the Commonwealth of Pennsylvania, prepared a Supplemental Environmental Impact Statement ("SEIS") to the Vine Street Final Environmental Impact Statement ......read more.


Summary: 14 F. Supp. See Rocks v. City of Philadelphia, 868 F.2d 644, 645 (3d Cir.1989). See Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1085 (3d Cir.1996) (citing Jalil v. Avdel Corp., 873 F.2d 701, 708 (3d Cir.1989); Moyo v. Gomez, 32 F.3d 1382, 1384 (9th Cir.1994)).Kania responds that the policy was discriminatory, citing the EEOC *733 Guidelines, 29 C.F.R. § 1606.7(a) (1997), and Gutierrez v. Municipal Court, 838 F.2d 1031 (9th Cir.1988), vacated as moot, 490 U.S. 1016, 109 S. Ct. 1736, 104 L.......read more.


Summary: 51 F. Supp. Plaintiff argues that although infringement actions may be brought in law or equity, the present one is equitable in nature, in that it seeks an injunction, and that the right to trial by jury if granted must be limited to the issue of damages as claimed in the counterclaim. Bellavance v. Plastic-Craft Novelty Co., D.C., 30 F. Supp.


Summary: 752 F. Supp. 660 (1990) APPLICATIONS RESEARCH CORPORATION v. NAVAL AIR DEVELOPMENT CENTER, Frank J. Drummond, H. Lawrence Garrett, III, and SelectTech Services Corporation. Plaintiff Applications Research Corporation (ARC), the then incumbent contractor for computer management and support services at the Naval Air Development Center (NADC or Center), was unsuccessful in its bid to remain as contractor when a 1989 procurement was awarded to SelectTech Services Corporation (SelectTech). Distressed......read more.


Summary: 732 F. Supp. No. 181), seeking a determination from the Court on the meaning of solicitation, the validity of a liquidated damages clause, and the admissibility of the damages calculation of Plaintiff's expert. On May 27, 2010, Plaintiff filed a Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment (Doc. On June 24, 2010, Plaintiff filed a Sur-Reply Memorandum in Opposition to Defendants' Motion for Partial Summary Judgment (Doc. Supp. 56(c); Bouriez v. Carnegie Mellon Univ......read more.




Summary: 123 B.R. 724 (1991) In re AFFAIRS WITH A FLAIR, INC. 123 B.R. 721 The sanctions were issued following the Attorney's alleged failure to timely comply with an Order of March 15, 1990 directing him to file a proposed Order for Distribution by May 1, 1990. The March 15, 1990 Order advised the Attorney that failure to comply would result in sanctions in the amount of $25 for each day of noncompliance. In re Clark, 91 B.R. 324, 337 (Bkrtcy E.D.Pa.1988) (citing inter alia the following Supreme Court c......read more.


Summary: 994 F. Supp. This case presents the question of whether a varsity football player on an athletic scholarship at a state higher educational institution, who attacks and injures a referee during a game, acts under color of state law for purposes of 42 U.S.C.A. § 1983 (West 1994 & Supp.1997). These statements include Plaintiff's contentions that: (1) Cheyney is a member of the Pennsylvania State Athletic Conference ("PSAC"), which is subsidized by the Commonwealth; (2) Defendant was a member of Che......read more.


Summary: 614 F. Supp. 2d 221 (1978); United *316 States v. Garden State National Bank, 607 F.2d 61, 67-68 (3d Cir.1979); Smith v. United States, 592 F. Supp. See Moutevelis v. United States, 727 F.2d 313, 314 (3d Cir.1984); United States v. Harris, 628 F.2d 875, 880-83 (5th Cir.1980); United States v. Garden State National Bank, 607 F.2d at 70; United States v. Morgan Guaranty Trust Co., 572 F.2d 36, 39-42 (2d Cir.1978); Smith v. United States, 592 F.Supp.


Summary: 575 F. Supp. This action has its roots in the attempted takeover of the defendant, Heublein, Inc., by the General Cinema Corporation; a takeover that eventually led to the acquisition of Heublein by a "white knight," the defendant Reynolds Industries, Inc. ("Reynolds").He claims that a statement issued by Heublein several weeks before the announcement of the acquisition was materially misleading and thus violated Section 10(b) of the Securities Exchange Act of 1934 (the 1934 Act), 15 U.S.C. § 78......read more.


Summary: 39 B.R. 629 (1984) In the Matter of Anthony MALAGESI and Joanne Malagesi, H/W, Debtors. Pending before this court is the appeal of creditor Girard Bank (appellant) from an order of the Bankruptcy Judge disapproving the reaffirmation agreement between appellant and the debtors Anthony and Joanne Malagesi (debtors).