• Howell v. Superintendent Albion SCI

    Publication Date: 2020-11-02
    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: 20-1183

    District court erred in dismissing habeas petition as untimely where recantations from three state witnesses and a fourth witness's confession to the crime presented sufficient evidence of actual innocence to warrant evidentiary hearing. Order of the district court vacated, case remanded. Gerald Howell appealed from the district court's denial of his petition for writ of habeas corpus. The victim, Herbert Allen, was shot and killed on Christmas Eve, 1982. Although police recovered no physical evidence at the crime scene, appellant was

  • United States v. Capps.

    Publication Date: 2020-10-19
    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: 20-1145

    District court erred in applying the two-level abuse of trust adjustment to the money laundering offense sentencing calculation, where defendant pled guilty to conspiracy to commit mail fraud and money laundering, and properly applied the gross receipts adjustment but failed to clarify whether the gross receipts that defendant received individually exceeded the million dollar threshold. Remanded for resentencing.

  • United States v. Birt

    Publication Date: 2020-08-03
    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: 20-0828

    District court denied appellant's motion for resentencing where appellant was convicted under 21 U.S.C. §841(a)(1) and (b)(1)(C) for crack cocaine possession and moved for resentencing under the first step act and court found §841(b)(1)(C) was not modified by the fair sentencing act within the meaning of the first step act and a conviction under 21 U.S.C. §841(a)(1) and (b)(1)(C) was not a "covered offense" within the meaning of the first step act. Affirmed.

  • In re: Processed Egg Prods. Antitrust Litig.

    Publication Date: 2020-07-06
    Practice Area: Antitrust
    Industry: Food and Beverage
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0704

    Where the district court found no evidence of a horizontal agreement among competitors to restrict supply, the district court did not err in applying the rule of reason to review of the alleged antitrust schemes. Judgment of the district court affirmed.

  • Davis v. Samuels

    Publication Date: 2020-06-22
    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: 20-0632

    The court of appeals held that no extension of Bivensliability was warranted in this case, where federal defendants allegedly interfered with an inmate's right to marryas there were sound reasons to believe the legislature might doubt the efficacy or necessity of a damages remedyfor interfering with an inmate's right to marry. The appellate court affirmed.

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  • Norman v. Elkin

    Publication Date: 2020-06-22
    Practice Area: Contractual Disputes
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0648

    District court erred in dismissing plaintiff's distribution-based breach of contract claim for distributions that occurred in 2001 on statute of limitations grounds because the events prior to those distributions did not put him on inquiry notice. Reversed in part, affirmed in part.

  • Advanced Fluid Sys., Inc. v. Huber et al

    Publication Date: 2020-05-11
    Practice Area: Trade Secrets
    Industry: Construction | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0474

    The district court did not err in finding that plaintiff had standing to pursue a trade secret misappropriation claim under the state's Uniform Trade Secrets Act where it demonstrated lawful possession of a trade secret, even in the absence of ownership in the traditional sense. The appellate court affirmed.

  • Walgreen Co. v. Johnson & Johnson

    Publication Date: 2020-03-16
    Practice Area: Antitrust
    Industry: Distribution and Wholesale | Pharmaceuticals | Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0297

    District court erred in holding that an anti-assignment clause in a distribution agreement between a wholesaler and affiliate of a drug manufacturer barred federal antitrust claims brought by appellants, who asserted antitrust claims obtained by assignment from wholesaler, because the anti-assignment provision did not invalidate wholesaler's assignment of antitrust claims or otherwise present a bar to appellants' standing to assert those claims against manufacturer since the antitrust claims relied on statutory rights. Reversed.

  • Orie v. Dist. Attorney Allegheny County

    Publication Date: 2020-01-13
    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: 20-0012

    District court properly denied convicted appellant's petition for habeas corpus and her motion for F.R. Civ.P. rule 60(b)(1) relief for her late filing of objections to magistrate judge's report because the neglect in her late filing was manifest and she was not "in custody" on the charges she challenged because she received no penalty for them. Affirmed.

  • In re Millennium Lab Holdings II, LLC.

    Publication Date: 2020-01-13
    Practice Area: Bankruptcy
    Industry: Federal Government | Health Care | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0014

    District court properly found bankruptcy court had the constitutional authority to confirm a chapter 11 reorganization plan containing non-consensual third-party releases and injunctions because under the facts of this case, bankruptcy court's conclusion that the release provisions were integral to the restructuring were well-reasoned and well-supported by the record. Affirmed.