2018 Third Circuit US Court of Appeals Case Law
Opinions 1 - 500 of 1130
Date: December 31, 2018
Docket Number: 17-3464
Justia Opinion Summary: The district court certified a class of Citizens Bank mortgage loan officers from 10 different states who alleged that they were unlawfully denied overtime pay. In an interlocutory appeal, the Third Circuit reversed the…
Date: December 28, 2018
Docket Number: 18-1967
Justia Opinion Summary: Bistrian, a detainee at the Philadelphia FDC, awaiting trial for wire fraud was placed in the special housing unit (SHU) four times. He became an orderly, allowed to interact with other SHU inmates. A fellow inmate,…
Date: December 26, 2018
Docket Number: 18-1360
Date: December 21, 2018
Docket Number: 17-2945
Justia Opinion Summary: Philadelphia Officers stopped a car for a traffic violation. The driver, a front passenger (Robinson), and a rear passenger, Burke, produced identification. Officers noticed the smell of marijuana and saw marijuana…
Date: December 21, 2018
Docket Number: 17-3525
Justia Opinion Summary: In 1973, Bedrosian opened a UBS savings account in Switzerland to make work purchases while traveling abroad. Later, he began to use it as a savings account. From 1973-2007, Handelman prepared Bedrosian’s income tax…
Date: December 20, 2018
Docket Number: 17-3012
Justia Opinion Summary: Carlson was co-lead counsel representing the plaintiffs in the CBNV litigation. He began working on the case while an associate with the SSEM firm and continued working on it after he left the firm. He entered into…
Date: December 19, 2018
Docket Number: 17-2146
Date: December 18, 2018
Docket Number: 17-3103
Justia Opinion Summary: A New Jersey woman dialed 911 and described an assailant on Grove Street as wearing a red hat, with braids, stating “he is beating her up really badly” and “I think he has a gun.” The caller hung up. East Orange police…
Date: December 18, 2018
Docket Number: 17-3522
Justia Opinion Summary: The NLRB determined that ImageFIRST Uniform Rental violated the National Labor Relations Act, 29 U.S.C. 157, by prohibiting union representatives from distributing pro-union literature in the public right-of-way adjacent…
Date: December 10, 2018
Docket Number: 17-1825
Justia Opinion Summary: Liao, a citizen of China, became a lawful U.S. permanent resident in 2005. In 2015, Liao had a physical altercation with his girlfriend, Yu. A neighbor called the police. Yu told responding officers that she was holding…
Date: December 7, 2018
Docket Number: 16-2277
Justia Opinion Summary: H.C. was born in 2010. His parents separated in 2011 and divorced in 2014. Wife claims that violence was a factor but did not raise that issue in the divorce proceedings. Husband denies those allegations. In 2013, wife…
Date: December 6, 2018
Docket Number: 18-3170
Date: December 6, 2018
Docket Number: 18-3170
Date: December 5, 2018
Docket Number: 18-3170
Justia Opinion Summary: In response to the rise in active and mass shooting incidents in the United States, New Jersey enacted a law that limits the amount of ammunition that may be held in a single firearm magazine to no more than 10 rounds,…
Date: November 30, 2018
Docket Number: 16-3570
Justia Opinion Summary: After seeing an idling car, illegally parked in front of a store known for drug sales, officers waited for the driver to return, then approached the car. The driver admitted not having a driver’s license. Hester, the…
Date: November 30, 2018
Docket Number: 17-3607
Justia Opinion Summary: When Revel entered Chapter 11 bankruptcy, its tenant, IDEA, continued to operate nightclubs and a beach club on Revel's Atlantic City casino premises. IDEA sought to protect its right to continue operating by filing an…
Date: November 28, 2018
Docket Number: 18-1177
Justia Opinion Summary: In 2008, IMMC filed a Chapter 11 bankruptcy petition in the District of Delaware. The liquidating trustee filed an adversary proceeding, alleging that Appellees, IMMC’s former officers and directors, had breached their…
Date: November 28, 2018
Docket Number: 18-1857
Date: November 27, 2018
Docket Number: 17-1817
Justia Opinion Summary: Then-New Jersey Governor Christie appointed Baroni as Deputy Executive Director of the Port Authority of New York and New Jersey. Baroni and Kelly, the Deputy Chief of Staff for New Jersey’s Office of Intergovernmental…
Date: November 27, 2018
Docket Number: 17-3188
Justia Opinion Summary: On April 21, 2004, and March 22, 2005, Defendants sent unsolicited faxes to Dr. Weitzner’s office. Weitzner filed a putative class action in Pennsylvania state court under the Telephone Consumer Protection Act (TCPA),…
Date: November 26, 2018
Docket Number: 17-2683
Justia Opinion Summary: Salmoran, a citizen of Mexico, was granted lawful permanent resident status in 2004. In 2015, he pled guilty to violation of New Jersey Statutes 2C:24- 4(b)(5)(b): Any person who knowingly possesses or knowingly views…
Date: November 21, 2018
Docket Numbers: 17-2826, 17-3444
Justia Opinion Summary: The Photographers entered into representation agreements with Corbis, a photography agency, providing Corbis authority to sub-license their works to third parties on a non-exclusive, fixed-duration basis. The agreements…
Date: November 15, 2018
Docket Number: 17-3837
Justia Opinion Summary: Favero’s car struck Alpizar-Fallas's car, causing Alpizar-Fallas serious injuries. Both drivers were insured by Progressive. The next day, Barbosa, a Progressive claims adjuster, went to Alpizar-Fallas's home to inspect…
Date: November 14, 2018
Docket Number: 17-2471
Justia Opinion Summary: Former shareholders alleged that Altisource and several of its officers (collectively AAMC) inflated the price of its stock through false and misleading statements. When these mistruths were revealed to the market, they…
Date: November 14, 2018
Docket Number: 17-3794
Justia Opinion Summary: In 2008, the U.S. government strove to rescue the collapsing economy, including by enacting the Housing and Economic Recovery Act, which authorized the government to act as conservator for Fannie Mae and Freddie Mac,…
Date: November 8, 2018
Docket Number: 17-2987
Justia Opinion Summary: McClure-Potts contacted police about Samarin, who entered the U.S. without inspection from Ukraine. McClure-Potts claimed she was trying to adopt Samarin, who was 19 years old and that Samarin had been “speaking of…
Date: November 8, 2018
Docket Number: 17-3583
Date: November 8, 2018
Docket Number: 18-1399
Date: November 7, 2018
Docket Number: 17-1946
Date: November 6, 2018
Docket Number: 17-3409
Date: November 6, 2018
Docket Number: 18-2277
Date: November 2, 2018
Docket Number: 18-1407
Date: October 30, 2018
Docket Number: 17-3075
Justia Opinion Summary: The Natural Gas Act (NGA), 15 U.S.C. 717f(h) gives natural gas companies that hold certificates of public convenience and necessity from the Federal Energy Regulatory Commission (FERC) the power of eminent domain but…
Date: October 25, 2018
Docket Number: 17-3006
Justia Opinion Summary: Sikkelee was killed when a Cessna aircraft he was piloting crashed after taking off from North Carolina's Transylvania County Airport. The aircraft had a Lycoming engine; Sikkelee's widow alleged the aircraft lost power…
Date: October 22, 2018
Docket Number: 16-2014
Justia Opinion Summary: Dr. McCann, a radiologist certified in the specialty of interventional radiology, purchased a supplemental long-term disability insurance policy from Provident. After initially issuing payments under the policy,…
Date: October 17, 2018
Docket Number: 18-1839
Date: October 16, 2018
Docket Number: 17-2814
Justia Opinion Summary: The Third Circuit affirmed the order of the district court dismissing Appellant’s petition for a writ of habeas corpus under 28 U.S.C. 2241, holding that, although Appellant has been detained pending reveal proceedings…
Date: October 16, 2018
Docket Number: 17-3434
Justia Opinion Summary: The Third Circuit held that New Jersey’s drug-trafficking law of which Petitioner was convicted is coextensive with its federal counterpart and that on the date of Petitioner’s conviction, New Jersey’s list of drugs was…
Date: October 10, 2018
Docket Number: 17-3537
Justia Opinion Summary: The Third Circuit vacated Defendant’s sentence, which included as a condition of his supervised release from prison a restriction on Defendant’s possession or use of computers or other electronic communication devices,…
Date: October 10, 2018
Docket Number: 17-3654
Justia Opinion Summary: The Third Circuit affirmed the district court’s grant of summary judgment in favor of Defendant, a police officer, on Plaintiff’s action brought under 42 U.S.C. 1983, holding that the district court correctly found that…
Date: October 9, 2018
Docket Number: 17-3097
Date: October 5, 2018
Docket Number: 17-2607
Justia Opinion Summary: In 2007, the Site, in Trainer Borough, was owned by SCT, and used for making corrosion inhibitors, fuel additives, and oil additives. SCT kept flammable, corrosive, and combustible chemicals. Pennsylvania’s Department of…
Date: October 4, 2018
Docket Number: 17-2846
Justia Opinion Summary: At age 14 Schonewolf began smoking marijuana. By age 15 she left home and dropped out of school. Schonewolf developed a drinking problem and attempted suicide several times before being diagnosed with bipolar disorder.…
Date: October 3, 2018
Docket Number: 17-1901
Justia Opinion Summary: An anonymous source called 911 to report a Hispanic male pointing a gun at juveniles outside a vacant Philadelphia flower shop. The suspect was reportedly wearing a gray shirt, gray pants, and a bucket hat. Office…
Date: October 2, 2018
Docket Number: 15-4105
Justia Opinion Summary: In 2003, Richardson and his son burgled two empty homes and fled from police. During a high-speed car chase, he rammed into a police car and crashed into a utility pole. He was convicted of burglary, criminal conspiracy,…
Date: October 2, 2018
Docket Number: 17-1591
Justia Opinion Summary: Sauers and his wife were driving southbound on Route 209 in Nesquehoning, Pennsylvania. Officer Homanko was on patrol, traveling in the same direction when he observed a summary traffic offense committed by a Dodge in…
Date: October 2, 2018
Docket Number: 17-2473
Justia Opinion Summary: The families live close to the Willow Grove Naval Air and Air Reserve Station in Horsham Township and the Naval Air Development Center in Warminster Township, which are contaminated with perfluorinated compounds (PFCs),…
Date: October 2, 2018
Docket Number: 18-1082
Justia Opinion Summary: Abdullah pled guilty to conspiring to distribute and possess with intent to distribute heroin and being a felon in possession of a firearm. The district court concluded that he was subject to a sentencing enhancement for…
Date: October 1, 2018
Docket Number: 15-3873
Justia Opinion Summary: Biear, a federal prisoner, mailed Freedom of Information Act, 5 U.S.C. 552(b)(7)(A), requests to eight components of the Department of Justice, seeking: “Any and all documents and electronic media assembled during any…
Date: October 1, 2018
Docket Number: 17-2234
Justia Opinion Summary: Saravia is a citizen of El Salvador. When Saravia was five, his mother left for the U.S. for economic reasons. In 2005, members of MS-13 began trying to recruit Saravia. He refused; they beat and threatened him with the…
Date: September 28, 2018
Docket Number: 18-1261
Date: September 27, 2018
Docket Number: 17-2346
Justia Opinion Summary: The contracts between the Drivers and Joseph Cory, a motor carrier business, purported to establish that the Drivers would work as independent contractors. The Drivers claim the realities of the relationship made them…
Date: September 26, 2018
Docket Number: 14-2042
Justia Opinion Summary: Personnel at a Virgin Islands airport smuggled cocaine onto flights bound for the U.S. mainland. Noel, a ground services supervisor at St. Thomas’s Airport, and three other employees were charged with conspiracy to…
Date: September 26, 2018
Docket Numbers: 16-4134, 17-1390
Justia Opinion Summary: Guerrero-Sanchez attempted to unlawfully enter the U.S.in 1998. He was removed back to Mexico. Guerrero-Sanchez reentered the U.S. without inspection. In 2012, he was arrested for his role in an Idaho-based drug…
Date: September 26, 2018
Docket Number: 17-3285
Justia Opinion Summary: Plaintiffs founded ChinaWhys, which assists foreign companies doing business in China with American anti-bribery regulations compliance. Plaintiffs allege that the GSK Defendants engaged in bribery in China, with the…
Date: September 25, 2018
Docket Number: 17-2255
Justia Opinion Summary: L.T., 15 years old, was designated by the Virgin Islands Superior Court a “Person in Need of Supervision” who “habitually disobeys the reasonable demands of the person responsible for the child’s care and is beyond their…
Date: September 25, 2018
Docket Number: 17-3190
Justia Opinion Summary: Pollick represented students in civil rights claims against a school district and a teacher. After the first trial, the jury returned a verdict for Pollick’s clients. The Third Circuit affirmed an order requiring a new…
Date: September 24, 2018
Docket Number: 17-2189
Justia Opinion Summary: Judge had been principal of Oaklyn Elementary School for about three years when she was stopped by a Pennsylvania State Trooper for failing to signal. After acknowledging she had been drinking, Judge asked the trooper to…
Date: September 24, 2018
Docket Number: 17-2244
Justia Opinion Summary: Midland sent six letters to the Schultzes, attempting to collect separate outstanding debts that had been outsourced to Midland for collection after default. None of the debts exceeded $600. Each letter offered to settle…
Date: September 24, 2018
Docket Number: 17-2445
Date: September 24, 2018
Docket Number: 17-3448
Justia Opinion Summary: Rivera-Cruz pleaded guilty to distributing and possessing with intent to manufacture and distribute cocaine hydrochloride, 21 U.S.C. 841(a)(1). The drug quantities yielded a base offense level of 32. The Probation Office…
Date: September 21, 2018
Docket Number: 17-2644
Justia Opinion Summary: Thomas was arrested on charges that she “knowingly attempted to provide material support . . . to a designated foreign terrorist organization,” 18 U.S.C. 2339B. Thomas unsuccessfully moved for a bill of particulars and…
Date: September 21, 2018
Docket Number: 18-1749
Justia Opinion Summary: In December 2017, Reese was charged with using a facility and means of interstate or foreign commerce to attempt to induce, entice, or coerce a minor into engaging in sexual activity. The government sought pretrial…
Date: September 20, 2018
Docket Number: 17-1456
Date: September 20, 2018
Docket Number: 17-2172
Justia Opinion Summary: Pennsylvania charged Walker with forgery and computer crimes, joined with prior charges against Walker’s husband and his trucking company. Senior deputy attorney general Coffey was assigned to the case. Zimmerer was the…
Date: September 20, 2018
Docket Number: 17-2200
Justia Opinion Summary: Pension Funds brought a putative securities fraud class action against Hertz and several of its current and former executives for violating sections 10(b) and 20(a) of the Securities Exchange Act of 1934, as amended by…
Date: September 19, 2018
Docket Number: 17-2597
Justia Opinion Summary: Palardy, a Millburn police officer, was involved in union leadership, participating in contract negotiations and disciplinary hearings for fellow officers. Gordon was responsible for Millburn's personnel matters. Palardy…
Date: September 18, 2018
Docket Number: 17-3065
Justia Opinion Summary: K.D. attended public school in the Downingtown Area School District from preschool through the first semester of third grade. Halfway through kindergarten, Downingtown assigned an Instructional Support Team to monitor…
Date: September 14, 2018
Docket Number: 16-2906
Justia Opinion Summary: Glass pleaded guilty to possession with intent to distribute cocaine hydrochloride, 21 U.S.C. 841(a)(1). The district court applied a career-offender enhancement, U.S.S.G. 4B1.1, based on two prior state convictions…
Date: September 13, 2018
Docket Number: 18-1109
Justia Opinion Summary: After initiating Chapter 11 bankruptcy proceedings, Debtors entered into an Agreement: NextEra would acquire Debtors’ 80% interest in Oncor, the largest electricity transmission and distribution system in Texas, for…
Date: September 12, 2018
Docket Number: 16-1080
Justia Opinion Summary: Rinaldi, a Lewisburg inmate, alleged that he had been assaulted by Cellmate 1. His informal and subsequent formal "Assault Requests" were denied. The following day, Rinaldi was transferred. According to Rinaldi,…
Date: September 12, 2018
Docket Number: 17-2594
Justia Opinion Summary: Jutrowski was involved in a single-car accident while intoxicated. During his subsequent arrest, Jutrowski was kicked in the face, breaking his eye socket. Two Riverdale Police Officers and two New Jersey State Troopers…
Date: September 12, 2018
Docket Number: 17-3150
Justia Opinion Summary: Dissatisfied with NYCM’s handling of his insurance claim related to a serious car accident, Clemens filed suit, asserting a contractual underinsured motorist (UIM) claim and a claim under the Bad Faith Statute, 42 Pa.…
Date: September 11, 2018
Docket Number: 16-1969
Justia Opinion Summary: Workman, one of two people to shoot Hunt in 2006, was convicted of first-degree murder in Pennsylvania on a theory of transferred intent. His trial counsel, pursuing “a unique theory of criminal liability,” did not…
Date: September 11, 2018
Docket Number: 16-1994
Justia Opinion Summary: From 1910-1986, Greenlease owned the Greenville Pennsylvania site and operated railcar manufacturing facilities there. Trinity acquired the site from Greenlease in 1986 and continued to manufacture railcars there until…
Date: September 11, 2018
Docket Number: 16-2244
Justia Opinion Summary: From 1910 until 1986, Greenlease Holding Co. (“Greenlease”), a subsidiary of the Ampco-Pittsburgh Corporation (“Ampco”), owned a contaminated manufacturing site in Greenville, Pennsylvania. Trinity Industries, Inc. and…
Date: September 11, 2018
Docket Number: 17-2079
Justia Opinion Summary: Homeland Security Agent Kuc posed as a Pennsylvania drug trafficker, communicating by phone with men called Cejas and Juan, who used telephone numbers with Mexican country codes. They sent two kilograms of…
Date: September 10, 2018
Docket Number: 17-1889
Justia Opinion Summary: Plaintiffs, convicted of drug offenses between 1997 and 2007, applied to Southeastern Pennsylvania Transportation Authority (SEPTA) for jobs that involved operating vehicles. Each filled out a form disclosing his…
Date: September 10, 2018
Docket Number: 17-1944
Justia Opinion Summary: Lupu refinanced his home loan and mortgage with Loan City, which transferred both to IndyMac, then they went to Fannie Mae, next to OneWest, and finally to the current holder, Ocwen. After defaulting, Lupu sued to void…
Date: September 7, 2018
Docket Number: 16-1540
Justia Opinion Summary: David was married to Belford, 2001-2006; they had four children. After an award of joint custody, David and his mother (Lenore) kidnapped the children and absconded to Central America. David was eventually returned to…
Date: September 7, 2018
Docket Number: 17-1222
Justia Opinion Summary: Brown, a federal prisoner. filed his “Kemmerer” complaint, alleging that prison officials had injured him by placing him in restraints; he successfully moved to proceed in forma pauperis (IFP) under the Prison Litigation…
Date: September 6, 2018
Docket Number: 16-4199
Justia Opinion Summary: Tima, a citizen of Cameroon, entered the U.S. in 1989 on a nonimmigrant student visa. To stay past his student-eligibility period, he entered into a sham marriage. Tima pleaded guilty to a felony charge of making false…
Date: September 6, 2018
Docket Number: 17-2980
Justia Opinion Summary: Estrada filed a purported class action on behalf of: “All persons who purchased [Johnson & Johnson] Baby Powder in California and states with laws that do not conflict with the laws asserted here.” The district court…
Date: September 5, 2018
Docket Number: 16-3095
Justia Opinion Summary: A shooting death occurred during a 2000 fight between the victim, Preston, and Preston’s brother Leonard. Leonard took the stand at his own trial and was convicted of third-degree murder. Preston was later convicted and…
Date: September 5, 2018
Docket Number: 17-1047
Justia Opinion Summary: Petitioners sought to prevent the expansion of Transco’s interstate natural gas pipeline facilities, arguing that the Federal Energy Regulatory Commission (FERC) violated the Natural Gas Act (NGA), 15 U.S.C. 717–717z and…
Date: September 5, 2018
Docket Number: 17-1738
Justia Opinion Summary: Vorchheimer suffers from pulmonary hypertension and other disabilities and must use a rolling walker to get around. She owned a condominium in The Philadelphian and had a reserved parking space in front of the building.…
Date: September 5, 2018
Docket Number: 17-2449
Justia Opinion Summary: Younge, an African-American man, was fired by WPHL, a Tribune television station. Younge claims WPHL subjected him to a hostile work environment because it scheduled him to train under a white co-worker who used racial…
Date: September 5, 2018
Docket Number: 17-3086
Justia Opinion Summary: The Church’s Deacons recommended Lee as pastor under a 20-year agreement, subject to for-cause early termination. If the Church removed Lee without cause, it would be required to pay Lee salary and benefits for the…
Date: September 4, 2018
Docket Number: 16-2211
Justia Opinion Summary: The Natural Gas Act (NGA) requires a Certificate of Public Convenience and Necessity from the Federal Energy Regulatory Commission, 15 U.S.C. 717f(c)(1)(A), for construction or operation of a natural gas pipeline, which…
Date: September 4, 2018
Docket Number: 16-4418
Justia Opinion Summary: Silver’s qui tam action, filed under the False Claims Act (FCA), 31 U.S.C. 3729–33, alleged that PharMerica, which owns and operates institutional pharmacies serving nursing homes, unlawfully discounted prices for…
Date: September 4, 2018
Docket Number: 17-3585
Justia Opinion Summary: Vanguard offers retail securities brokerage accounts. Its website stated that Vanguard offered a price of “$2 commissions for stock . . . trades” for customers who maintained a balance in Vanguard accounts of…
Date: August 31, 2018
Docket Number: 16-2692
Justia Opinion Summary: The Hayes family is a low-income family whose rent is subsidized by enhanced voucher assistance under the Housing Act, 42 U.S.C. 1437f(t) (Section 8). Enhanced vouchers exist to enable residents to “choose” to continue…
Date: August 30, 2018
Docket Number: 17-2739
Justia Opinion Summary: Edison, New Jersey, Police Officer Bradley and his partner saw a minivan on the road at night without headlights, while its driver was using a mobile phone and had an obstructed view. They pulled over the van, driven by…
Date: August 30, 2018
Docket Number: 17-2909
Date: August 29, 2018
Docket Number: 17-2349
Justia Opinion Summary: Employees at Akers's manufacturing facility were union members, represented by USW under collective bargaining agreements (CBAs). In 2016, Akers was acquired by Ampco. Former Akers employees who had retired but were…
Date: August 28, 2018
Docket Number: 16-3346
Justia Opinion Summary: The Pennsylvania State Police employed Conard for 17 years as a 911 dispatcher. Conard left her employment in 2002 to move with her husband, who was on active military deployment. She had “outstanding personnel…
Date: August 28, 2018
Docket Number: 17-1990
Justia Opinion Summary: LifeWatch is one of the two largest sellers of telemetry monitors, a type of outpatient cardiac monitoring devices used to diagnose and treat heart arrhythmias, which may signal or lead to more serious medical…
Date: August 28, 2018
Docket Number: 17-2023
Justia Opinion Summary: In 2005, Tanksley, a Philadelphia actor and producer, created a three-episode television pilot, Cream, for which he received a copyright. In 2015, Fox Television debuted a new series, Empire, from award-winning producer…
Date: August 28, 2018
Docket Number: 17-2073
Justia Opinion Summary: In 2006, Geness lived at McVey's Uniontown Pennsylvania assisted living facility for intellectually disabled people. Another resident, Fiffik, fell from the porch, sustaining serious injuries. Fiffik was discharged from…
Date: August 23, 2018
Docket Number: 17-3118
Justia Opinion Summary: After a 2001 joint trial with co-defendants, Eley and Eiland, a jury convicted Mitchell of second-degree murder, robbery, and conspiracy to commit robbery for the shooting death of a Harrisburg taxi driver. He is serving…
Date: August 22, 2018
Docket Number: 16-4282
Justia Opinion Summary: Mayo is currently serving a 23-year term of imprisonment for a 2001 conviction as a felon in possession of a firearm. He was sentenced under the Armed Career Criminal Act’s (ACCA) recidivist enhancement provision, 18…
Date: August 22, 2018
Docket Number: 17-1479
Justia Opinion Summary: Viviani left Stone Mansion with Hoey. Their vehicle crashed, killing Viviani and seriously injuring Hoey. Hoey sued Viviani’s estate, which tendered the defense to Encompass, which paid Hoey $600,000. Hoey released her…
Date: August 22, 2018
Docket Number: 17-3027
Justia Opinion Summary: Kane went to the hospital and reported that she may have been the victim of a sexual assault. Coraopolis Police Officer Barger interviewed Kane there. Kane says Barger told her to bring the clothes she wore during the…
Date: August 22, 2018
Docket Number: 17-3330
Justia Opinion Summary: The Levins allege that HRRG violated the Fair Debt Collection Practices Act, 15 U.S.C. 1692- 1692p by leaving telephone voice messages that did not use its true name, did not meaningfully disclose its identity, and used…
Date: August 21, 2018
Docket Number: 14-4754
Justia Opinion Summary: Before trial on a 77-count indictment that charged Appellants with operating a ticket-fixing scheme in the Philadelphia Traffic Court, the district court denied a motion to dismiss charges of conspiracy (18 U.S.C. 1349),…
Date: August 21, 2018
Docket Number: 16-3145
Justia Opinion Summary: Philadelphia police officers shot and killed Purnell, who died intestate. Purnell’s minor daughter is the sole beneficiary of the estate. Murray, Purnell’s mother, hired an attorney and obtained letters of administration…
Date: August 21, 2018
Docket Number: 16-3912
Justia Opinion Summary: In 2003, Plaintiffs purchased Cane Bay Beach Bar, on St. Croix, U.S. Virgin Islands. In 2005, they sued Defendants for breach of contract related to the sale of that business. Plaintiffs resided in the Virgin Islands…
Date: August 20, 2018
Docket Number: 17-1358
Justia Opinion Summary: Plaintiffs, licensed taxi and limousine operators, sued under 42 U.S.C. 1983, challenging an agreement between Newark and Uber as violating their rights under the Takings, Due Process, and Equal Protection Clauses. In…
Date: August 20, 2018
Docket Number: 17-2522
Justia Opinion Summary: Arctic, an income trust, filed for bankruptcy under Canada’s analog of Chapter 11 and received recognition under 11 U.S.C. 1521(a). Its bankruptcy Plan imposed few limits on the Monitor (trustee) and insulated Arctic and…
Date: August 20, 2018
Docket Number: 17-3816
Date: August 15, 2018
Docket Number: 17-2228
Justia Opinion Summary: Newark Police received a report that the Audi had been carjacked at gunpoint. Three hours later, State Troopers spotted the Audi. Bland was behind the wheel. They activated their police lights., Bland drove recklessly,…
Date: August 14, 2018
Docket Number: 17-1208
Justia Opinion Summary: Plaintiffs suffer from asbestos disease as a result of exposure to Grace's Montana mining and processing operations and sought to hold Grace’s insurers (CNA), liable for negligence. CNA sought to enforce a third-party…
Date: August 14, 2018
Docket Number: 17-1469
Justia Opinion Summary: M.B., a second-grade student with dyslexia and epilepsy, took her service dog to school to detect and respond to her seizures. In third grade, M.B. switched to the School, which had a specialized program for dyslexic…
Date: August 13, 2018
Docket Number: 17-1029
Justia Opinion Summary: In 2000, Peppers was indicted for numerous federal firearms and drug offenses, including murder with a firearm. After a trial, he was sentenced to life imprisonment. On remand, Peppers pleaded guilty as an armed career…
Date: August 13, 2018
Docket Number: 18-1516
Date: August 9, 2018
Docket Number: 16-4397
Justia Opinion Summary: Fattah, a prominent fixture in Philadelphia politics, financially overextended himself in both his personal life and his professional career during an ultimately unsuccessful run for mayor. Fattah received a substantial…
Date: August 9, 2018
Docket Number: 17-2096
Date: August 7, 2018
Docket Number: 11-1615
Justia Opinion Summary: In 2009, Johnson participated in five bank robberies, carrying a BB gun twice and providing a gun for the others, while serving as a lookout. He was convicted of two counts of conspiracy to commit armed bank robbery,…
Date: August 7, 2018
Docket Number: 16-4234
Justia Opinion Summary: Reading, a Pennsylvania not-for-profit health system, issued auction rate securities (ARSs) to finance capital projects. J.P. Morgan was the underwriter and broker-dealer. Reading claims that J.P. Morgan and others…
Date: August 7, 2018
Docket Number: 17-1731
Justia Opinion Summary: St. Pierre used New Jersey E-ZPass and agreed to maintain a positive balance in a prepaid account from which highway tolls are automatically deducted. When he failed to maintain a positive balance, E-ZPass assigned his…
Date: August 7, 2018
Docket Number: 17-2851
Justia Opinion Summary: Tepper took a home equity line of credit with NOVA Bank secured by a mortgage. The Pennsylvania Department of Banking closed the Bank. The FDIC was its receiver. Tepper stopped receiving statements but attempted to remit…
Date: August 6, 2018
Docket Number: 17-2906
Justia Opinion Summary: In 2001, Green was sentenced to 687 months of imprisonment for federal drug and firearms convictions. While serving that sentence, Green attacked another inmate with a shank, then pleaded guilty assault with intent to…
Date: August 1, 2018
Docket Number: 16-3547
Justia Opinion Summary: A DEA officer learned that Williams bought heroin in Detroit, which he sold in Pittsburgh, and placed a GPS tracker on Williams’s car to monitor his movements.. The officer planned to have Williams’s car stopped upon its…
Date: August 1, 2018
Docket Number: 16-4316
Justia Opinion Summary: Wang, a citizen of China, obtained lawful U.S. permanent resident status in 2010 and worked in a financial services firm. In 2011, without authorization, he purchased oil futures contracts using the firm’s trading…
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