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Publication Date: 2023-04-10
Practice Area: Labor Law
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3286
District court properly granted summary judgment in plaintiff's Fair Labor Standards Act action and found defendant employer did not make improper deductions from plaintiff's salaries because the term "salary" as used in the FLSA did not include fringe benefits like paid time off. Affirmed.
Publication Date: 2022-10-24
Practice Area: Criminal Appeals
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1421
District court erred in denying appellants' 28 U.S.C. §2255 motion asserting ineffective assistance of counsel for failing to challenge venue for two of the counts on which they were convicted and court found appellants had a colorable claim for ineffective assistance of counsel and district court abused its discretion in failing to hold an evidentiary hearing. Vacated and remanded.
Publication Date: 2022-10-03
Practice Area: Civil Procedure
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2080
The Third Circuit joined its sister circuits in strictly construing the waiver exception to the Foreign Sovereign Immunities Act as requiring strong evidence that a foreign state intended to waive its sovereign immunity, and concluded that defendants, including the King of Saudi Arabia, had not waived such immunity. The appellate court vacated a dismissal order with prejudice for entry of a dismissal order without prejudice.
Publication Date: 2022-08-22
Practice Area: Business Torts
Industry: Entertainment and Leisure
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0940
District court erred in confirming arbitration award that was procured due to party's willful misrepresentations regarding the non-existence of key evidence, where such misrepresentation constituted fraud. Order of the district court reversed and remanded.
Publication Date: 2022-07-25
Practice Area: Corporate Governance
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0820
District court erred in appointing corporate custodian where it misinterpreted the bylaws to find that one faction constituting a majority of then-sitting directors had oppressed the opposing faction by appointing a new director to fill a board seat vacated by the death of a director, where that faction under the express terms of the bylaws was empowered and required to fill the seat even though the faction did not represent quorum. Order of the district court reversed and remanded.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2022-01-31
Practice Area: Insurance Law
Industry: Food and Beverage | Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0095
District court erred in finding insurer had no duty to defend plaintiff in underlying action brought by plaintiff's competitor alleging trademark infringement, false designation of origin, false advertising, trademark dilution and state trademark law claims because the "Advertising Injury" provision in the policy applied. Reversed.
Publication Date: 2021-11-22
Practice Area: Government
Industry: Energy | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1361
Plaintiff appealed district court's dismissal of its preemption and procedural due process claims and denial of a preliminary injunction in action involving Delaware's unclaimed property law and court affirmed the dismissal of the expedited-audit procedural due process claim and vacated the dismissal of the preemption claim and denial of the preliminary injunction. Affirmed in part and vacated in part.
Publication Date: 2021-11-01
Practice Area: Trade Secrets
Industry: Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1260
Defendants challenged the preliminary injunction granted in plaintiff's trade secret misappropriation under federal and state law, conversion, unfair competition and tortious interference with contractual relations action and court found district court did not identify with specificity the information it found to be plaintiff's trade secrets and there was no basis to uphold district court's grant of injunctive relief. Motion granted.
Publication Date: 2021-03-29
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0346
Appellant was properly found guilty in district court under 18 U.S.C. §924(c) because attempted Hobbs act robbery was categorically a crime of violence. Affirmed.
Publication Date: 2020-11-02
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1183
District court erred in dismissing habeas petition as untimely where recantations from three state witnesses and a fourth witness's confession to the crime presented sufficient evidence of actual innocence to warrant evidentiary hearing. Order of the district court vacated, case remanded. Gerald Howell appealed from the district court's denial of his petition for writ of habeas corpus. The victim, Herbert Allen, was shot and killed on Christmas Eve, 1982. Although police recovered no physical evidence at the crime scene, appellant was
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