• West v. Emig

    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.

  • United States v. Hunter

    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.

  • United States v. Junius

    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.

  • Sousa v. Amazon.com, Inc.

    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.

  • Quinn v. Avco Corp.

    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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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Stouffer v. Union R.R. Co.

    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.

  • United States v. Savage

    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.

  • Huber v. Simon's Agency, Inc.

    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.

  • Ingram v. Experian Info. Solutions, Inc.

    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.

  • United States v. Esham

    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.