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26 results for '* judge:"Circuit Judge Krause"' You can use Search Constraints to get even better search results
Publication Date: 2024-09-13
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 22-3076
Pennsylvania Department of Corrections failed to carry its burden to deny religious accommodation requests under the Religious Land Use and Institutionalized Persons Act where it did not identify compelling interests only legitimate penological interests that were served by denying the accommodations or show that its policies were the least restrictive means of fulfilling those interests. Order of the district court vacated, case remanded.
Publication Date: 2023-09-11
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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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: 2023-06-19
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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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
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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: 2022-09-19
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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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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Publication Date: 2022-09-19
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 21-1672
District court erred in denying class certification of the proposed class and subclass in appellant's putative Fair Credit Reporting Act action and court found district court correctly distinguished between consumers who made direct requests under §1681g and consumers who received courtesy copies of property managers' rental report but erred in denying class certification of even the direct request subclass because statute unambiguously provided that any generalized "request" by a consumer triggered a CRA's disclosure obligation under
Publication Date: 2022-09-12
Practice Area: Deals and Transactions
Industry: Investments and Investment Advisory | Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 22-1021
District court wrongly dismissed appellant's breach of fiduciary duty and professional malpractice complaint because it erred in treating appellees' motion to dismiss for lack of shareholder standing as a motion under rule 12 (b)(1) instead of under rule 12 (b)(6), court found the shareholder standing rule was non-jurisdictional and remand was necessary. Vacated.
Publication Date: 2022-09-12
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 22-1031
Fair Credit Reporting Act's definition of "person" as including governments and government agencies constituted express Congressional waiver of federal government sovereign immunity, permitting consumers to file civil suit for federal agencies' violations of the statute. Order of the district court reversed and remanded.
Publication Date: 2022-05-23
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 22-0564
Appellant appealed his sentence arguing it was error to apply a sentence enhancement under U.S.S.G. §2K2.1 based on appellant's prior conspiracy offense and court held conspiracies did not count as crimes of violence under §2K2.1. Sentence vacated and remanded for resentencing.
Publication Date: 2021-11-15
Practice Area: Government
Industry: Consulting | Federal Government | Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
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Case Number: 21-1323
District court did not err in granting government's motion to dismiss relator's False Claims Act action, in which government had declined to participate, because 31 U.S.C. §3730 allowed government to intervene in the action and move to dismiss, court treated government's motion to dismiss as including a motion to intervene and there was no abuse of discretion in granting dismissal. Affirmed.
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