• Spencer v. Princeton Univ.

    Publication Date: 2024-02-14
    Practice Area: Personal Injury
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1689

    Plaintiff appealed the dismissal of his complaint against the municipality of Princeton, NJ.

  • United States v. Hovnanian

    Publication Date: 2024-02-06
    Practice Area: Tax
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1338

    Defendant appealed the district court's grant of partial summary judgment to the government in its action to obtain an order of sale of defendant's property to satisfy a co-defendant's outstanding federal tax obligations.

  • United States v. Fisher

    Publication Date: 2024-01-26
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1575

    Defendant appealed the sentence imposed following his conviction for mail fraud and violating the terms of his supervised release.

  • Winn-Dixie Stores, Inc. v. E. Mushroom Mktg. Coop., Inc.

    Publication Date: 2024-01-08
    Practice Area: Antitrust
    Industry: Distribution and Wholesale | Food and Beverage | Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2289

    District correctly applied the "rule-of-reason" test and jury reasonably found plaintiff failed to carry its burden of proof on anticompetitive effects in plaintiff's action alleging a price-fixing agreement by a mushroom growers' cooperative in violation of §1 of the Sherman act. Affirmed.

  • Huber v. Simon's Agency, Inc.

    Publication Date: 2023-10-30
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: David B. Shaver, Surdyk Dowd & Turner, Dayton, OH for appellant.
    for defendant: Yitzchak Zelman, Ari H. Marcus, Marcus & Zelman, Asbury Park, NJ for appellee.

    Case Number: 22-2483

    Incurring costs to understand confusing collection letter was sufficient to confer Article III standing without the need to rely on the informational injury doctrine, but further factfinding was needed to determine if other potential class members suffered the same harm.

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  • United States v. Gunther

    Publication Date: 2023-10-17
    Practice Area: Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1588

    Defendants appealed their conviction for offenses stemming from their operation of a drug trafficking scheme.

  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-09-25
    Practice Area: Contracts
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA for appellants.
    for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.

    Case Number: 21-2013

    Former students' allegations that the universities had retained their tuition and fees in full after transitioning to remote learning and canceling campus events during the pandemic supported a reasonable inference that the parties had impliedly contracted for in-person education and supported a claim for unjust enrichment.

  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-09-11
    Practice Area: Contracts
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    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.

  • U.S. ex rel. Druding v. Care Alternatives

    Publication Date: 2023-08-28
    Practice Area: Health Care Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1035

    Relators appealed the district court's dismissal of their False Claims Act lawsuit.

  • Hickey v. Univ. of Pittsburgh

    Publication Date: 2023-08-21
    Practice Area: Education Law
    Industry: Education
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Krause
    Attorneys: For plaintiff: Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA; Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA for appellants.
    for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.

    Case Number: 21-2013

    College students plausibly stated breach of implied contract claim from universities' switch to online learning due to COVID-19 pandemic where marketing materials emphasized benefits of on-campus instruction from attending each university.