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Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: GianClaudio Finizio and Neil B. Glassman, Bayard P.A., Wilmington, DE; Jeremy C. Hollembeak, Michael S. Kim, Benjamin J. Sauter and Andrew D. Wang, Kobre & Kim, New York, NY for Delaware Trust Co. Ashley R. Altschuler and R. Craig Martin, DLA Piper, Wilmington, DE
for defendant: Thomas J. Curtin, Ellen M. Halstead, Howard R. Hawkins, Jr., Michele Maman and Mark C. Ellenberg, Cadwalader Wicker-sham & Taft, New York, NY and Washington, DC; Scott B. Czerwonka, Wilks Lukoff & Bracegirdle, Wilmington, DE for Mor-gan Stanley Capital Group Inc. George A. Davis, Latham & Watkins, New York, NY; Michael D. DeBaecke, Ashby & Geddes, Wilmington, DE; Peter M. Friedman, Jonathan Rosenberg and Daniel S. Shamah, O'Melveny & Myers, Washington, DC and New York, NY; Thomas R. Hooper and Mark D. Kotwick, Seward & Kissel, New York, NY; Joseph H. Huston, Jr., Stevens & Lee, Wilmington, DE for Wilmington Trust N.A. Mark E. Felger and Simon Fraser, Cozen O'Connor, Wilmington, DE; Hu-mayun Khalid, Thomas J. Moloney and Sean A. O'Neal, Cleary Gottlieb Steen & Hamilton, New York, NY for J. Aron & Co. Bradley R. Aronstam and Nicholas D. Mozal, Ross Aronstam & Moritz, Wilmington, DE , Adam B. Banks, Weil Gotshal & Manges, New York, NY for Titan Investment Holdings LP.
Case Number: D68617
Following approval of a bankruptcy plan and corporate restructuring, payments and distributions to creditors were no longer considered collateral or proceeds under the waterfall provision of an intercreditor agreement.
Publication Date: 2019-07-01
Practice Area: Banking and Finance Laws
Industry: Insurance | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0752
Under the Real Estate Settlement and Procedures Act, each of defendant's alleged discrete kickbacks separately triggered its own statute of limitations period; however, the pendency of a first filed class action did not toll the limitations periods for plaintiffs' suit under the American Pipe holding, as such tolling is now limited to individual claims. The appellate court affirmed.
Publication Date: 2019-05-20
Practice Area: Criminal Law
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 190569
Doctor's claims of error in his trial for accepting kickbacks, using interstate facilities with the intent to commit commercial bribery, committing honest-services wire fraud and conspiracy failed because none of the claims warranted reversal and the evidence of his guilt was overwhelming. Affirmed.
Publication Date: 2018-11-27
Practice Area: Class Actions | Securities Litigation
Industry: Federal Government | Investments and Investment Advisory | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1415
District court properly dismissed plaintiffs' class action, asserting the third amendment of the agreement between Freddie Mac and Fannie Mae and the government under the housing and economic recovery act violated Delaware and Virginia law, because the third amendment fell within the agency's powers, did not violate either state's law and 12 U.S.C. §4617(f) barred all of the requested relief. Affirmed.
Publication Date: 2018-10-24
Practice Area: Civil Procedure | Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: D68322
Plaintiff failed to timely effectuate service on one defendant, but claims against another party were not barred by a release in a settlement agreement.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2018-10-23
Practice Area: Criminal Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1278
District court erred in imposing an additional condition of supervised release forbidding appellant to possess or use any computers, electronic communications devices or electronic storage devices in addition to the condition forbidding internet use unless approved by his probation officer because while appellant, who pled guilty to attempting to entice a minor to engage in sexual acts, posed a danger to children, his supervised release had to be reasonably tailored to the danger he posed and the contradictory conditions were more res
Publication Date: 2018-10-02
Practice Area: Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1176
The appellate court clarified that the U.S. Supreme Court's holding in Endrew F. v. Douglas Cty. Sch. Dist. did not implicitly overrule its meaningful-benefit test applicable to a public-school student's individualized education programs and that the minor child's programs were reasonably calculated to enable her to make appropriate progress. The appellate court affirmed the district court's judgment in favor of the school district.
Publication Date: 2018-09-18
Practice Area: Civil Rights | Health Care Law
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1112
District court properly dismissed appellant's claim that condominium failed to accommodate her needs in refusing to allow her to leave her walker in the lobby because she did not plausibly plead that she needed to leave it in the lobby and condominium offered four alternative accommodations that satisfied her medical needs. Affirmed.
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