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Publication Date: 2023-11-13
Practice Area: Labor Law
Industry: Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fuentes
Attorneys: For plaintiff: Mark A. Grace, Cohen & Grace, Pittsburgh, PA; Sammy Y. Sugiura, Mooney Green Saindon Murphy & Welch, Washington, DC for appellant.
for defendant: Courtney C. Brennan, Thomas M. Pohl, Mary-Jo Rebelo, Burns White, Pittsburgh, PA for appellees.
Case Number: 22-1680
District court correctly dismissed disparate impact age discrimination claim where complaint contained no specific factual allegations to demonstrate that company policies had a statistically significant impact on older workers.
Publication Date: 2023-11-06
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff: Mark A. Berman, Michele A. Smith, Hartmann Doherty Rosa Berman & Bulbulia, Hackensack, NJ; Thomas C. Egan, III, Norristown, PA; Susan M. Lin, Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA; William R. Spade, Jr., Blowing Rock, NC for appellants.
for defendant: John M. Gallagher, Office of United States Attorney, Allentown, PA; David E. Troyer, Robert Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 14-1493
Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. The court affirmed the District Court's judgment.
Publication Date: 2023-10-30
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David B. Shaver, Surdyk Dowd & Turner, Dayton, OH for appellant.
for defendant: Yitzchak Zelman, Ari H. Marcus, Marcus & Zelman, Asbury Park, NJ for appellee.
Case Number: 22-2483
Incurring costs to understand confusing collection letter was sufficient to confer Article III standing without the need to rely on the informational injury doctrine, but further factfinding was needed to determine if other potential class members suffered the same harm.
Publication Date: 2023-10-23
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Cary L. Flitter, Andrew M. Milz, Jody T. López-Jacobs, Flitter Milz, Narberth, PA; Brent F. Vullings, Vullings Law Group, LLC, Collegeville, PA for appellants.
for defendant: David P. Helwig, Marks O’Neill O’Brien Doherty & Kelly, Pittsburgh, PA; Cecil J. Jones, Cozen O’Connor, Philadelphia, PA for appellee.
Case Number: 21-2430
District court erred in ruling that furnisher of consumer credit information was exempt from obligation to investigate indirect dispute referred by a consumer reporting agency upon deeming the dispute frivolous, where the Fair Credit Reporting Act expressly granted that exception solely to consumer reporting agencies for indirect disputes.
Publication Date: 2023-10-16
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 20-3203
Evidence was sufficient to convict doctor for distribution and conspiracy where the jury was free to credit the government's expert's opinion that the doctor's prescriptions fell outside the bounds of legitimate medical purposes and recorded conversations could permit an inference that the doctor was aware of his role in the distribution scheme.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-10-09
Practice Area: Insurance Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Freeman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3121
District Court properly dismissed insurance coverage dispute for lack of personal jurisdiction where neither party was headquartered in Delaware and the underlying policy did not cover any property or loss in Delaware.
Publication Date: 2023-10-09
Practice Area: Criminal Law
Industry: Construction | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 19-3679
District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.
Publication Date: 2023-09-25
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA for appellants.
for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
Case Number: 21-2013
Former students' allegations that the universities had retained their tuition and fees in full after transitioning to remote learning and canceling campus events during the pandemic supported a reasonable inference that the parties had impliedly contracted for in-person education and supported a claim for unjust enrichment.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.
Case Number: 21-2601
Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.
Publication Date: 2023-09-18
Practice Area: Energy and Natural Resources
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Matthew A. Fitzgerald, McGuireWoods, Richmond, VA; Gregory J. Krock, McGuireWoods, Pittsburgh, PA; Elizabeth M. Thomas, McGuireWoods, Charlotte, NC for appellant.
for defendant: Richard L. Armezzani, Daniel T. Brier, John B. Dempsey, Nicholas F. Kravitz, Myers Brier & Kelly, Scranton, PA for appellee.
Case Number: 22-1280
Court remanded for district court to join other parties to a joint operating agreement since adjudicating the case would necessarily implicate those parties' contractual rights and obligations.
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