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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.
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.
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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
Publication Date: 2023-05-22
Practice Area: Criminal Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3281
District court did not err in relying on appellant's $325 million in intended losses from his tax fraud scheme to calculate his base offense level because sentencing guideline §2T1.4 encompassed both actual and intended losses. Affirmed.
Publication Date: 2022-12-13
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: 22-1084
The court affirmed the judgment of the district court denying appellant's motion for compassionate release.
Publication Date: 2022-11-08
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: 21-2114
Counsel moved to withdraw from representing defendant on appeal.
Publication Date: 2022-09-19
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 19-2717
Appellant appealed his resentencing under the First Step Act and court found district court erred in finding it did not have the discretion to consider appellant's arguments concerning intervening changes in law affecting his career-offender status and in denying appellant the opportunity to file a memorandum and supplemental documentation to support his arguments. Vacated and remanded.
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