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Publication Date: 2024-07-12
Practice Area: Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1680
Plaintiff student appealed the district court's order affirming an administrative hearing officer's rejection of her claim that defendant school district denied her a free appropriate public education. The court affirmed, holding plaintiff was not denied a FAPE when defendant moved to remote instruction during the COVID-19 pandemic.
Publication Date: 2024-04-12
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1024
Appellant appealed his conviction for violating the federal threats statute, contending his threats to injure "others" were constitutionally protected speech, and court found his threats toward "others" were sufficiently particularized and, even if error occurred, it would not have been obvious, would not have affected appellant's substantial rights or the fairness, integrity or reputation of the proceedings. Affirmed.
Publication Date: 2024-03-01
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3033
District court erred in excluding government's video and photo evidence in child pornography case in favor of a stipulated written description of the evidence and court found district court overestimated the extent to which the written descriptions reduced the exhibits' probative value under Rule 403, it was far from "obvious" that the potentially cumulative nature of the exhibits substantially outweighed the probative value of admitting any of the exhibits and district court erred in not viewing the exhibits before ruling. Vacated an
Publication Date: 2024-02-23
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3014
District court properly denied defendant's motion to suppress evidence found in a vehicle search because trooper had reasonable suspicion of criminal activity when he extended the length of the stop and sent for a drug detection dog. Affirmed.
Publication Date: 2023-08-14
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2559
District court erred in denying qualified immunity to officer on plaintiff's unlawful seizure claim because officer did not seize plaintiff during their initial encounter, he merely attempted a seizure. Reversed.
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Publication Date: 2023-08-07
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1783
District court's factual findings and credibility determinations in employees' ERISA retaliation claim were not clearly erroneous, its judgment was supported by sufficient evidence, was not inconsistent with jury's verdict on employee's Americans with Disabilities Act, Age Discrimination in Employment Act and Pennsylvania Human Relations Act claims and district court did not abuse its discretion in calculating reasonable attorney fees. Affirmed.
Publication Date: 2023-06-12
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-2222
District court erred in denying appellant's motion to correct his sentence because second-degree assault in violation of 18 Pa.C.S. §2702(a)(3) could be committed by a failure to act, it was not a "violent felony" under the Armed Career Criminal Act and thus, appellant did not have the three predicate offenses to trigger the ACCA penalty provision. Reversed.
Publication Date: 2023-05-22
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1978
Plaintiff appealed her sentence after she pled guilty to wire fraud and court found district court properly applied the abuse-of-trust enhancement and calculated the loss amount as being between $250,000 and $500,000. Affirmed.
Publication Date: 2023-05-08
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1381
Appellant appealed the denial of his motion for a sentence reduction and argued district court erred in concluding he was not convicted of a "covered offense" under §404(a) of the First Step Act and court found district court did not expressly identify the relevant 21 U.S.C. §841(b) provision that grounded appellant's sentence and that failure precluded court from reviewing the decision for clear error. Vacated and remanded.
Publication Date: 2023-04-10
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2802
Appellant appealed his conviction and sentence after pleading guilty to nine child-pornography charges and court found that although some of his challenges to his total offense level had merit, non warranted reversal. Affirmed.
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