• In re: Smith

    Publication Date: 2024-05-23
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3418

    Appellant Freedom Mortgage Corporation appealed the district court's order affirming the Bankruptcy Court's order that confirmed debtor Tiffany Smith's third modified Chapter 13 bankruptcy plan.

  • The Plastic Surgery Center, P.A. v. Cigna Health & Life Ins. Co.

    Publication Date: 2024-04-29
    Practice Area: Contractual Disputes | Insurance Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1096

    Appellant appealed the dismissal of its breach of contract claim against Multiplan, Inc.

  • Kim v. Hanlon

    Publication Date: 2024-04-19
    Practice Area: Government
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24-1594

    Intervenor-defendant appealed the district court's entry of a preliminary injunction.

  • Lara v. Comm'r Pennsylvania State Police

    Publication Date: 2024-04-12
    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: 21-1832

    After the court voted to deny en banc rehearing, a dissenting opinion contended that en banc review was necessary to bind the court to the panel majority's ruling that was contrary to circuit precedent and further argued that the panel's ruling was erroneous. Sur petition denied.

  • Lara v. Comm'r Pennsylvania State Police

    Publication Date: 2024-02-02
    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: 21-1832

    District court erred in dismissing appellants' second amendment challenge to statutes banning 18-to-20-year-olds from carrying firearms outside their homes during a state of emergency because 18-to-20-year-olds were presumptively among "the people" to whom second amendment rights extended and court found no near equivalence or significant analogue between the burdens imposed by the historical statute cited by Commonwealth and those at issue here. Reversed.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • United States v. Savage

    Publication Date: 2023-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff: Mark A. Berman, Michele A. Smith, Hartmann Doherty Rosa Berman & Bulbulia, Hackensack, NJ; Thomas C. Egan, III, Norristown, PA; Susan M. Lin, Kairys Rudovsky Messing Feinberg & Lin, Philadelphia, PA; William R. Spade, Jr., Blowing Rock, NC for appellants.
    for defendant: John M. Gallagher, Office of United States Attorney, Allentown, PA; David E. Troyer, Robert Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.

    Case Number: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. The court affirmed the District Court's judgment.

  • United States v. Savage

    Publication Date: 2023-11-06
    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: 14-1493

    Defendants appealed their conviction and sentence on charges including murder, conspiracy to commit murder and RICO conspiracy and court found one defendant failed to show her attorney had a conflict of interest, trial court properly denied severance, inflammatory comments by gang ringleader were properly admitted and jury instruction on RICO conspiracy did not improperly amend the indictment. Affirmed.

  • United States v. Packer

    Publication Date: 2023-10-09
    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: 22-2554

    Appellant challenged his sentence for violating the conditions of his supervised release on the grounds that sentencing court denied his right of allocution by announcing the sentence before inviting appellant to speak and court declined to exercise its discretion since this was not a case in which the error "seriously affect[ed] the fairness, integrity or public reputation of judicial proceedings." Affirmed.

  • American Home Assurance Co. v. Superior Well Serv., Inc.

    Publication Date: 2023-08-14
    Practice Area: Insurance Law
    Industry: Construction | Energy | Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1498

    Appellant commercial general liability insurer appealed the district court's order granting summary judgment in favor of insured appellee. The court reversed and remanded with directions to enter judgment for appellant.

  • Mylan Inc. v. Comm'r of Internal Revenue

    Publication Date: 2023-08-14
    Practice Area: Tax
    Industry: Federal Government | Manufacturing | Pharmaceuticals
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Jordan
    Attorneys: For plaintiff: Clint Carpenter, Arthur T. Catterall, United States Department of Justice Tax Division, Washington, DC; Emily J. Giometti, Cincinnati, OH; Lisa M. Rodriguez, Office of District Council, Internal Revenue Service, Newark, NJ; Mary H. Weber, Internal Revenue Service Office of Chief Counsel, Cincinnati, OH for appellant.
    for defendant: Gregory G. Garre, Eric Konopka, Latham & Watkins, Washington, DC; Bryan M. Killian, William F. Nelson, James G. Steele, III, Morgan Lewis & Bockius, Washington, DC for appellee.

    Case Number: 22-1193

    Legal expenses incurred by generic drug manufacturers to defend against patent infringement lawsuits were tax-deductible where they were ordinary and necessary business expenses as patent litigation was separate from the FDA approval process for ANDAs.