• United States v. Rodriguez

    Publication Date: 2022-08-01
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0850

    District court did not err in applying sentencing enhancements for being the organizer or leader and for maintaining a premises for the purposes of distributing controlled dangerous substances in sentencing appellant for conspiracy to distribute and possess heroin and possession with intent to distribute heroin and methamphetamine. Affirmed.

  • Amalgamated Transit Union Local 85 v. Port Auth. of Allegheny County

    Publication Date: 2022-07-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0828

    Public employer's prohibition on face coverings displaying political or social-interest messaging violated employees' First Amendment rights where employer was not entitled to restrict employees' speech and where employer had failed to show that the policy was sufficiently tailored to prevent potential disruptions to operations. Order of the district court affirmed.

  • United States v. Brown

    Publication Date: 2021-05-17
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0552

    Appellant appealed the dismissal of his motions to dismiss federal charges, filed after his state court conviction was vacated, for prosecution's failure to disclose material evidence and to compel discovery to support his claims that state prosecution was merely a tool of the federal authorities and court found district court did not err in relying on the dual sovereignty issue and that the trial-error rule applied. Affirmed.

  • Klotz v. Celentano Stadtmauer & Walentowicz LLP

    Publication Date: 2021-04-19
    Practice Area: Creditors' and Debtors' Rights
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0433

    Plaintiff appealed the denial of her motion to amend her complaint asserting defendants violated the Fair Debt Collection Practices Act in sending her a collection letter for her deceased husband's hospital bill and court found the equal credit opportunity act did not preempt New Jersey's doctrine of necessaries so defendant could send collection letters to plaintiff without violating the FDCPA. Affirmed.

  • Moyer v. Patenaude & Felix, A.P.C.

    Publication Date: 2021-04-05
    Practice Area: Consumer Protection
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0368

    District court properly granted summary judgment in favor of defendant in plaintiff's Fair Debt Collection Practices Act action because defendant never claimed the phone call mentioned in the collection letter was a "legally effective" means of stopping collection efforts. Affirmed.

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  • United States v. Aguirre-Miron

    Publication Date: 2021-03-15
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0284

    District court sentenced appellant under an incorrect sentencing guideline range due to improper grouping; the plain error did not upset the jury's verdict and could be fixed on remand. Vacated and remanded.

  • United States v. Aguirre-Miron

    Publication Date: 2021-03-08
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0258

    District court erred in failing to group appellant's production counts with his receipt and possession counts in sentencing him for child-pornography crimes and the failure was plain error that affected appellant's substantial rights. Vacated and remanded.

  • M.S. v. Susquehanna Twp. Sch. Dist.

    Publication Date: 2020-08-17
    Practice Area: Civil Rights
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0888

    District court properly granted summary judgment in favor of school district in student's title IX hostile educational environment private action based on her affair with assistant school principal because no appropriate person had actual knowledge of title IX discrimination since assistant principal's knowledge of his own wrongdoing was irrelevant to school district's actual knowledge of the sexual harassment. Affirmed.

  • United States v. Torres

    Publication Date: 2020-06-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0644

    Defendant challenged his conviction for felon in possession of a firearm and his enhanced sentence under the armed career criminal act and court found defendant's stop was supported by reasonable suspicion, officer conducted a valid investigatory stop to ensure officer and community safety and defendant's drug conspiracy conviction counted as an ACCA predicate offense since it was distinct in time from the underlying substantive offenses. Affirmed.

  • United States v. Torres

    Publication Date: 2020-06-22
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0644

    Defendant challenged his conviction for felon in possession of a firearm and his enhanced sentence under the armed career criminal act and court found defendant's stop was supported by reasonable suspicion, officer conducted a valid investigatory stop to ensure officer and community safety and defendant's drug conspiracy conviction counted as an ACCA predicate offense since it was distinct in time from the underlying substantive offenses. Affirmed.