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Publication Date: 2024-01-01
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Nygaard
Attorneys: For plaintiff: Abigail E. Horn, Federal Community Defender Office for the Eastern District of Pennsylvania, West Philadelphia, PA for appellant.
for defendant: Anthony J. Carissimi, Timothy M. Stengel, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 20-3298
Although officers displayed authority by blocking defendant and commanding him to stop, no seizure occurred where defendant's momentary pause followed by running from the officers meant he never complied with the officers' authority, and his flight gave the officers reasonable suspicion to detain him. Conviction affirmed, judgment of sentence vacated and remanded for resentencing.
Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Montgomery-Reeves
Attorneys: For plaintiff: Gino A. Bartolai, Jr., Pittston, PA for appellant.
for defendant: Gerard M. Karama, Robert J. O’Hara, Office of the United States Attorney, Scranton, PA for appellee.
Case Number: 22-1976
Multiple stab wounds, including one to the chest, plus a broken jaw constituted injuries severe enough to meet the definition of "serious bodily injury" as defined by the Commentary to the Sentencing Guidelines.
Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff: David R. Fine, K&L Gates, Harrisburg, PA for appellant.
for defendant: Andrew J. Vella, Delaware Department of Justice, Wilmington, DE for appellees.
Case Number: 22-1298
Failure to be expressly advised of continued no-contact order at second arraignment did not violate due process where the terms of the order explicitly stated that it remained in effect until changed/withdrawn or until the case ended.
Publication Date: 2023-12-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Stacie M. Fahsel, Renee Pietropaolo, Federal Public Defender’s Office, Pittsburgh, PA for appellant.
for defendant: Robert A. Zauzmer, U.S. Attorney’s Office, Philadelphia, PA for appellee.
Case Number: 22-2153
Defendant was correctly charged with committing a crime of violence where the armed bank robbery statute was divisible as it could be committed either intentionally/knowingly or recklessly and defendant was charged with "knowingly" taking money through force and jeopardizing others' lives through the use of a deadly weapon.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.
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Publication Date: 2023-12-18
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: 22-3205
Prison officials were entitled to qualified immunity for removing mattress from cell of prisoner under psychological close observation to prevent the prisoner from using the mattress to harm himself or prevent monitoring.
Publication Date: 2023-12-18
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Meaghan Flannery, Matthew T. Newcomer, Jennifer A. Williams, Office of United States Attorney, Philadelphia, PA for appellant.
for defendant: Salvatore C. Adamo, Hellertown, PA for appellee.
Case Number: 21-3316
Conducting criminal history check during routine traffic stop was justified by promoting officer safety and the fact that the short duration of the check posed a minimal burden.
Publication Date: 2023-12-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Joanne M. Heisey, Federal Community Defender Office for the Eastern District of Pennsylvania, Capital Habeas Unit, West Philadelphia, PA; Brett G. Sweitzer, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for appellants.
for defendant: Bernadette A. McKeon, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 22-2208
Defendants were ineligible for sentencing reductions under the First Step Act where the Fair Sentencing Act only reduced mandatory minimum sentencing thresholds for certain drug possession offenses, but did not affect sentencing for drug-related murder convictions even though such convictions required a predicate drug offense.
Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: E-Commerce | Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3043
Discrimination and hostile work environment claims failed where plaintiff failed to plead sufficient facts supporting an inference that purportedly adverse employment actions were had a discriminatory or retaliatory motivation or that offensive behavior from a supervisor was severe or pervasive.
Publication Date: 2023-11-27
Practice Area: Wrongful Death
Industry: Aerospace | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff: Cynthia M. Devers, Devers Miska Law, Bala Cynwyd, PA for appellants.
for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE; John S. Bagby, Jr., Bagby & Associates, LLC, Paoli, PA for appellee.
Case Number: 22-1596
District court correctly applied General Aviation Revitalization Act's statute of repose to product liability wrongful death claims, where federal regulations limited rebuilding and selling of aircraft parts to aviation manufacturers and thus claims arising from rebuilding of aircraft engine part were claims against a "manufacturer."
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