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Publication Date: 2022-03-09
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 20-2793
Petitioners appealed from the district court's denial of their motions for relief from their sentences.
Publication Date: 2021-06-09
Practice Area: Securities Litigation
Industry: E-Commerce | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor, Wilmington, DE; Adam Frankel, Greenwich Legal Associates, Greenwich, CT; Juan E. Monteverde, Miles D. Schreiner, Monteverde & Associates, New York, NY for appellant.
for defendant: Lewis R. Clayton, Paul A. Paterson, Justin Ward, Paul Weiss, Rifkind Wharton & Garrison, New York, NY; Daniel A. Mason, Paul Weiss Rifkind Wharton & Garrison, Wilmington, DE for appellee.
Case Number: D69423
Proxy statement in support of shareholder approval of merger was not materially misleading where share values were expressly identified as the calculations of the company's financial advisor, rather than statements of fact, and the proxy identified the projections that were used to calculate each particular set of share values.
Publication Date: 2021-06-02
Practice Area: Products Liability
Industry: Chemicals and Materials | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff: Benjamin Garrett Minegar, Jones Day, Pittsburgh, PA: Lawrence D. Rosenberg, Jones Day, Washington, DC; Jason J. Rawnsly, Richards Layton & Finger, Wilmington, DE for appellants.
for defendant: John A. Sensing, Potter Anderson & Corroon, Wilmington, DE for appellee.
Case Number: D69414
Denial of motion to vacate letters of request affirmed where the denial was not clearly erroneous as balance of factors of international comity weighed in favor of granting litigant's request to seek extraterritorial discovery from a non-party in support of its claims in the underlying legal action.
Publication Date: 2021-03-03
Practice Area: Mergers and Acquisitions
Industry: Software
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff: Timothy J. Houseal, Young Conaway Stargatt & Taylor, Wilmington, DE; John M. McNichols, Stephen D. Raber, Williams & Connolly, Washington, DC for appellants.
for defendant: Jesse Bernstein, Michael B. Carlinsky, Kathleen M. Sullivan, Quinn Emanuel Urquhart & Sullivan, New York, NY; Kevin P.B. Johnson, David E. Myre, III, Quinn Emanuel Urquhart & Sullivan, Redwood Shores, CA; Derek Shaffer, Quinn Emanuel Urquhart & Sullivan, Washington, DC; Kenneth J. Nachbar, Lauren Neal, Morris Nichols Arsht & Tunnell, Wilmington, DE for appellees.
Case Number: D69311
Arbitrary company valuation used to calculate share exchange in merger transaction did not constitute adequate evidence to support damages for a breach of contract claim.
Publication Date: 2020-10-23
Practice Area: Administrative Law | Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 19-2968
Plaintiff and intervenor appealed from the district court's grant of defendant's motion for judgment on the pleadings.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2020-02-24
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0202
Appellant challenged his conviction for filing false liens in violation of 18 U.S.C. §1521 and court found §5121 was not unconstitutionally vague or overbroad, did not criminalize protected speech and evidence allowed jury to conclude that appellant filed the liens knowing or having reason to know they were false. Affirmed.
Publication Date: 2019-12-02
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1395
The district court erred in granting the defendant summary judgment based on the statute of limitations in this product liability suit as plaintiff could not be charged with constructive knowledge of an allegedly defective hip implant where her own physician did not realize there was a problem with the implant until plaintiff underwent revision surgery. The appellate court reversed and remanded.
Publication Date: 2019-05-06
Practice Area: Election and Political Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0528
District court properly awarded costs and fees in plaintiffs action to remand its lawsuit challenging the congressional redistricting map but erred in awarding fees against defendant lawmaker in his personal capacity because he was named in the action in his official capacity as president pro tempore of the state senate and acted in that capacity in removing the action to federal court. Affirmed in part and reversed in part.
Publication Date: 2019-03-25
Practice Area: Civil Procedure | Consumer Protection
Industry: Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0322
A retailer's printing of more than the last five digits, but less than all digits, of a consumer's credit card number amounted to a mere technical violation of Fair and Accurate Credit Transactions Act where the consumer had failed to allege the disclosure of personal information to a third-party or a materially increased risk of identity theft from the printing of the credit card information and therefore was insufficient to confer standing. Order of the district court affirmed.
Publication Date: 2018-12-10
Practice Area: Civil Rights | Criminal Law | Evidence
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1489
Government presented sufficient evidence of defendants' fraud by proving their scheme to close access lanes to a local municipal highway in political retaliation cost the Port Authority lost toll revenue and used public employee labor to effect the closure and seized public assets. Judgment affirmed in part and reversed in part.
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