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Publication Date: 2024-01-26
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1575
Defendant appealed the sentence imposed following his conviction for mail fraud and violating the terms of his supervised release.
Publication Date: 2024-01-08
Practice Area: Antitrust
Industry: Distribution and Wholesale | Food and Beverage | Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2289
District correctly applied the "rule-of-reason" test and jury reasonably found plaintiff failed to carry its burden of proof on anticompetitive effects in plaintiff's action alleging a price-fixing agreement by a mushroom growers' cooperative in violation of §1 of the Sherman act. Affirmed.
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.
Publication Date: 2023-10-17
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1588
Defendants appealed their conviction for offenses stemming from their operation of a drug trafficking scheme.
Publication Date: 2023-09-25
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA for appellants.
for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
Case Number: 21-2013
Former students' allegations that the universities had retained their tuition and fees in full after transitioning to remote learning and canceling campus events during the pandemic supported a reasonable inference that the parties had impliedly contracted for in-person education and supported a claim for unjust enrichment.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2013
District court erred in dismissing students' complaint for refund of tuition and fees after their universities transitioned to fully remote instruction in response to the COVID-19 pandemic, where students had plausibly alleged that they had an implied contract for on-campus programming in exchange for their tuition and fees. Orders of the district court affirmed in part and reversed and remanded in part.
Publication Date: 2023-08-28
Practice Area: Health Care Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1035
Relators appealed the district court's dismissal of their False Claims Act lawsuit.
Publication Date: 2023-08-21
Practice Area: Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA; Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA for appellants.
for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
Case Number: 21-2013
College students plausibly stated breach of implied contract claim from universities' switch to online learning due to COVID-19 pandemic where marketing materials emphasized benefits of on-campus instruction from attending each university.
Publication Date: 2023-07-10
Practice Area: Civil Rights
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
Case Number: 21-2798
"Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.
Publication Date: 2023-06-19
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2798
District court properly dismissed appellant's Bivens claims and his fifth amendment Federal Tort Claims Act claim but erred in dismissing appellant's fourth amendment FTCA claim, in action over his arrest for allegedly providing Chinese authorities with sensitive information about super conductor technology, because appellant's fourth and fifth amendment claims arose in a new context and implicated special factors involving national security but fourth amendment FTCA complaint listed discrete instances of agent's knowing provision of
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