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Publication Date: 2023-11-06
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: 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. Affirmed.
Publication Date: 2023-10-09
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: 22-2554
Appellant challenged his sentence for violating the conditions of his supervised release on the grounds that sentencing court denied his right of allocution by announcing the sentence before inviting appellant to speak and court declined to exercise its discretion since this was not a case in which the error "seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings." Affirmed.
Publication Date: 2023-08-14
Practice Area: Insurance Law
Industry: Construction | Energy | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1498
Appellant commercial general liability insurer appealed the district court's order granting summary judgment in favor of insured appellee. The court reversed and remanded with directions to enter judgment for appellant.
Publication Date: 2023-08-14
Practice Area: Tax
Industry: Federal Government | Manufacturing | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Jordan
Attorneys: For plaintiff: Clint Carpenter, Arthur T. Catterall, United States Department of Justice Tax Division, Washington, DC; Emily J. Giometti, Cincinnati, OH; Lisa M. Rodriguez, Office of District Council, Internal Revenue Service, Newark, NJ; Mary H. Weber, Internal Revenue Service Office of Chief Counsel, Cincinnati, OH for appellant.
for defendant: Gregory G. Garre, Eric Konopka, Latham & Watkins, Washington, DC; Bryan M. Killian, William F. Nelson, James G. Steele, III, Morgan Lewis & Bockius, Washington, DC for appellee.
Case Number: 22-1193
Legal expenses incurred by generic drug manufacturers to defend against patent infringement lawsuits were tax-deductible where they were ordinary and necessary business expenses as patent litigation was separate from the FDA approval process for ANDAs.
Publication Date: 2023-07-03
Practice Area: Insurance Law
Industry: Energy | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1498
Appellant commercial general liability insurer appealed the district court's order granting summary judgment in favor of insured appellee. The court reversed and remanded with directions to enter judgment for appellant.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2023-06-05
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3107
Court could disregard generalized allegations of inappropriate conduct by supervisor, and the limited specific incidents alleged by employee that occurred over the course of more than three years were not severe or pervasive enough to create a hostile work environment. Order of the district court affirmed.
Publication Date: 2023-05-29
Practice Area: Antitrust
Industry: Insurance | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2895
Ascertainability requirement was consistent with the text of Fed.R.Civ.P. 23 and the purposes of class action litigation, since not being able to identify class members with administrative feasibility would be destructive to the goal of promoting judicial economy, and plaintiffs' proposed methodologies that suffered from reliability and feasibility issues meant they could not meet the ascertainability requirement. Order of the district court affirmed.
Publication Date: 2023-04-10
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2472
District court erred in granting summary judgment on the grounds of qualified immunity in appellant's Religious Freedom Restoration Act action asserting prison guards deliberately interfered with his Muslim prayers because it was clearly established at the time of guards' actions that there was a right to pray free of substantial, deliberate, repeated and unjustified disruption by prison officials. Vacated.
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.
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