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  • Darrington v. Milton Hershey Sch.

    Publication Date: 2020-05-18
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0503

    Former employees were obligated to arbitrate discrimination and retaliation claims where their union agreed in a CBA to waive the right to bring a lawsuit regarding any matters encompassed by the CBA's grievance procedures. Order of the trial court reversed, case remanded.

  • United States v. Folk

    Publication Date: 2020-04-20
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0416

    Appellant filed a §2255 motion asserting sentencing court used an incorrect career-offender enhancement in sentencing him and court found an incorrect career-offender enhancement under the advisory guidelines was not cognizable under §2255 because it was not a fundamental defect that inherently resulted in a complete miscarriage of justice. Motion denied.

  • Thomas v. Tice

    Publication Date: 2019-11-25
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1393

    District court erred in granting summary judgment in favor of defendants in inmate's eighth amendment challenge to his conditions of confinement in a dry cell as well as the duration of his confinement and court found there was no evidence that program review committee participated in or had actual knowledge of the conditions of inmate's confinement but PCR did not present evidence of any penological justification for inmate's continued confinement after the initial four days. Affirmed in part and reversed in part.

  • Guerra v. Consol. Rail Corp.

    Publication Date: 2019-09-02
    Practice Area: Labor Law
    Industry: Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1031

    Filing deadline under the Federal Railway Safety Act was merely a claim-processing limitation and was not a jurisdictional bar that would deprive the courts of jurisdiction to hear an untimely claim. Order of the district court affirmed on alternative grounds.

  • Madar v. U.S. Citizenship & Immigration Serv.

    Publication Date: 2019-03-25
    Practice Area: Immigration Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0327

    District court properly held that the constructive physical presence doctrine did not apply to transmit U.S. citizenship to appellant because even if appellant's father retained his citizenship, he did not transmit it to appellant since the plain meaning of the act in effect at appellant's birth precluded his transmittal argument. Denied.