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Publication Date: 2021-02-17
Practice Area: Education Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: D69295
Foreign student's national origin discrimination claim based on full-time student status requirements to obtain a student visa failed because requirements for full-time student status applied equally to all students in the program and the requirement to maintain such status arose from federal immigration law.
Publication Date: 2021-01-20
Practice Area: Constitutional Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Cowen
Attorneys: For plaintiff:
for defendant:
Case Number: D69269
The federal district court properly dismissed plaintiffs' substantive due process claims because their jobs as firefighters were inherently risky and plaintiffs failed to allege sufficient facts to show that defendants' con-duct or policies altered the fundamental nature of the risk involved.
Publication Date: 2021-01-13
Practice Area: Real Estate
Industry: Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: D69257
The district court acted within its discretion when it dismissed plaintiffs' complaint based on forum non conveniens, because the evidence indicated that the courts of another country could provide an adequate alternative forum for the parties' dispute.
Publication Date: 2021-01-13
Practice Area: Civil Appeals
Industry: Energy | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69261
Judicial defendants were entitled to immunity, so the district court properly rejected plaintiff's appeal and denied his motion to amend.
Publication Date: 2021-01-13
Practice Area: Employment Litigation
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: D69258
A probationary officer was an at-will employee, so he did not have a protected property interest in his con-tinued employment.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2020-12-23
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff: Brian Biggs, Kaitlin M. Edelman, Denise S. Kraft, Erin Larson, DLA Piper, Wilmington, DE for plaintiff.
for defendant: Wilson B. Davis, Stuart B. Drowos, I, George T. Lees, III, Delaware Dep’t of Justice, Wilmington, DE; Bri-onna L. Denby, Cohen Seglias Pallas Greenhill & Furman, Wilmington, DE for defendants.
Case Number: D69237
A prison met its burden of showing that the denial of an inmate's request for a religious object was the least restrictive means of maintaining prison safety and security.
Publication Date: 2020-12-16
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: D69227
The bankruptcy court properly reopened a case for the purpose of interpreting and enforcing its confirma-tion order, and it correctly concluded that certain parties had signed a broad release, so they were barred from pursuing other litigation relating to the bankruptcy claims.
Publication Date: 2020-12-16
Practice Area: Class Actions
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Greenberg
Attorneys: For plaintiff: Peter B. Andrews, David M. Sborz, Craig J. Springer, Andrews & Springer, Greenville, DE; Randall Baron, Joseph D. Daley, David T. Wissbroecker, Robbins Geller Rudman & Down, San Diego, CA; Christopher H. Lyons, Robbins Geller Rudman & Down, Nashville, TN for plaintiff.
for defendant: Deborah S. Birnback, Jennifer B. Luz, Goodwin Procter, Boston, MA; David John Teklits, Morris Nichols Arsht & Tunnell, Wilmington, DE for defendant Cowan. Anne S. Gaza, Elena C. Norman, Robert M. Vrana, Young Conaway Stargatt & Taylor, Wilmington, DE for defendant LBT Merger Sub, Inc. Adam T. Humann, Kevin R. Powell, II, Kirkland Ellis, Washington, DC; Joshua Z. Rabinovitz, Kirkland Ellis, Chicago, IL for HIG Capital and Lionbridge Tech., Inc.
Case Number: D69226
Plaintiff in this class action suit failed to demonstrate the existence of a material misrepresentation, so the court affirmed the judgment in favor of defendants.
Publication Date: 2020-12-16
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: D69228
The administrative law judge's denial of plaintiff's request for disability benefits was supported by substan-tial evidence. Affirmed.
Publication Date: 2020-11-11
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: D69183
District court erred in granting summary judgment to defendants by focusing on decedent's vulnerability to suicide, rather than his serious medical need as alleged in plaintiffs' claim.
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