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Publication Date: 2022-03-28
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0330
Appellant appealed his conviction on mail fraud, money laundering, aggravated identify theft and conspiracy to commit money laundering and court found probation's officer identification of appellant's voice on recorded phone calls was sufficiently reliable in light of the substantial time probation officer spent with appellant, playing appellant's post-arrest interview for jury so it could make its own voice comparison did not improperly charge jurors with serving as expert witnesses and appellant's fourth amendment suppression argume
Publication Date: 2022-02-07
Practice Area: Class Actions
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0137
Court could exercise interlocutory review of preliminary class certification order that merely left the definition of the class to be determined by the parties. Defendants' petition to appeal granted.
Publication Date: 2021-12-20
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1471
District court properly dismissed employer's challenge to an arbitration award as time barred because employer's general references to the Federal Arbitration Act in its complaint were not sufficient to invoke FAA §10 as a means of seeking vacatur and its Labor Management Relations Act §301 action was untimely because the limitations period began with the December 2019 arbitration award. Affirmed.
Publication Date: 2021-10-18
Practice Area: Employment Litigation
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1206
Bank moved for a stay after district court granted Fair Labor Standards Act class certification and scheduled a trial before ruling on plaintiffs' rule 23 class certification and appellate court granted stay because district court's trial-before-certification approach ignored rule 23's text and history, flouted supreme court precedent and its approach would inevitably encroach on the merits of a rule 23 class action but court also found the stay was no longer necessary and dissolved it.
Publication Date: 2021-09-27
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1113
Defendants moved to dismiss plaintiff's §§1983 and 1985, fourth and fourteenth amendment, Pennsylvania constitution, conspiracy to violate civil rights, assault and battery, trespass and infliction of emotional distress claims based on officers entering his property and tasing him and court dismissed the fourteenth amendment claims, the claims for damages under the Pennsylvania constitution, his conspiracy claims, his state law tort claims against city and his claim of negligent infliction of emotional distress against individual offi
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Publication Date: 2021-09-06
Practice Area: Insurance Law
Industry: Food and Beverage | Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1020
District courts correctly rejected insurers' contention that restaurants' complaints seeking a declaration of insurance coverage for COVID-19-related closings were "masquerading" as declaratory relief but district courts misinterpreted certain Reifer factors, failed to address the alleged novelty of state law issues or did not create a record sufficient to enable effective abuse of discretion review in ordering remand. Vacated.
Publication Date: 2021-08-17
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 16-3820
Defendant appealed from the district court's imposition of a revised sentence.
Publication Date: 2021-08-02
Practice Area: Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0875
District court properly found it lacked jurisdiction over plaintiffs' Individuals with Disabilities Education Act claims regarding the provision of translation services to parents of disabled students because the claims did not fit within the systemic exception to exhaustion, plaintiffs had not exhausted their administrative remedies and plaintiff's non-IDEA claims sought relief for denial of a free appropriate public education. Affirmed.
Publication Date: 2021-07-26
Practice Area: Government
Industry: Federal Government | Recruitment and Staffing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0841
District court properly found False Claims Act violations in appellant's classification of some workers on a federally funded SEPTA project and 2009 amendments to 31 U.S.C.§3729(a)(1)(B) applied retroactively to cases pending on or after June 7, 2008 no matter when the underlying conduct occurred and the damages burden-shifting framework in the Fair Labor Standards Act and Davis-Bacon cases applied in FCA cases. Affirmed.
Publication Date: 2021-07-05
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0773
District court properly dismissed appellant's habeas petition filed almost 15 years after he pled guilty to murder because he did not demonstrate entitlement to equitable tolling and while he claimed his prescribed use of Ritalin may have exacerbated his psychosis, rendering him involuntarily intoxicated or legally insane at the time of the crime, the applicable law and evidence of record did not allow him to employ the narrow "actual innocence gateway" or excuse him from the filing deadline for habeas petitions. Affirmed.
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