In PDX North, Inc. v. Comm’r N.J. Dep’t of Lab. and Workforce Dev., the 3rd Circuit was asked to determine whether federal courts should abstain from hearing a case pursuant to Younger v. Harris. New Jersey’s Department of Labor & Workforce Development started an investigation and action to recoup unemployment taxes from two last-mile shippers. … Read more
In Howell v. Superinrtendent Albion SCI, Howell filed a F.R.C.P. 60(b)(6) motion to set aside the earlier dismissal of his habeas petition. Rule 60(b)(6) serves as a gateway past the procedural default of an untimely habeas petition. The 3rd Circuit ruled that Howell made a sufficient showing of actual innocence to gain relief under Rule 60(b)(6). Therefore, … Read more
In Martinez v. Att’y Gen., the 3rd Circuit employed the categorical approach in holding that the New Jersey state offense of criminal sexual contact, N.J.S.A. § 2C:14-3(b), constitutes sexual abuse of a minor, as defined in 8 U.S.C. § 1101(a)(43)(A). As a result, the New Jersey offense is an aggravated felony under the Immigration and Nationality Act.
In United States v. Melvin, the 3rd Circuit clarified the standard for evaluating motions for early termination of supervision pursuant to 18 U.S.C. § 3583(e). The Court disavowed two prior non-precedential opinions that required termination “only when the sentencing judge is satisfied that something exceptional or extraordinary warrants it, or upon a showing of new or … Read more
In Doe v. Governor of Pa., two John Does wanted to buy guns. They were thwarted, though, because both had been involuntarily committed under Section 302 of Pennsylvania’s Mental Health Procedures Act. As a result of their commitments, Section 6105 of the PA Uniform Firearms Act prohibited them from possessing a firearm. The two Does … Read more
In Larios v. Att’y Gen. the 3rd Circuit utilized the modified categorical approach and held that Larios’s conviction of terroristic threats in NJ state court was not a crime involving moral turpitude. The Board of Immigration Appeals erred by analyzing the issue with the categorical approach.
In 41 E. Palisade Ave Real Estate v. City of Englewood, the 3rd Circuit assessed the providence of the District Court’s order granting a preliminary injunction in favor of the developer of an assisted-living facility. The developer sought to build its facility in an area of town zoned for single-family homes, though the zoning code … Read more
In United States v. Capps, the 3rd Circuit ruled that the District Court plainly erred when it applied two enhancements—the abuse of trust adjustment and the gross receipts adjustment—to the defendant’s sentence. The District Court erroneously relied on the defendant’s position at Vanguard and his conduct related to the conspiracy to commit mail fraud, not … Read more
In Ezaki Glico Kabushiki Kaisha v. Lotte Intern’l Am. Corp., the 3rd Circuit confronted a delicious fight between the sweets Pocky and Pepero. A fight among confectioners is sure to result in a sweet opinion. And though the opinion is a fun read, it boils down to a holding that Pocky’s trade dress is functional and is … Read more
In Mirambeaux v. Att’y Gen., the Board of Immigration of Appeals ruled that the petitioner was convicted of an aggravated felony and thus ineligible for withholding of removal. The petitioner claimed a violation of his Due Process rights when the Immigration Judge denied a request for a continuance. The 3rd Circuit held that the claim … Read more