After being convicted by a jury of two bank robberies, defendants appealed their lawyers’ decisions to stipulate that the banks were federally insured and, as a result, the federal courts had jurisdiction to hear the cases. The defendants claimed that they wished to contest the case at every level and that their lawyers stipulated to … Read more
Between December 27, 2017, and March 30, 2018, Hardy filed no less than twelve grievances seeking medical care for the worsening condition of his leg, all of which were rejected on varying grounds. A few months after the last rejection, Hardy’s fears came to pass and medical staff found it necessary to amputate more of … Read more
The District Court awarded attorney’s fees and costs under the Hyde Amendment to Mario Nelson Reyes-Romero, who was prosecuted for unlawful reentry in violation of 8 U.S.C. § 1326, on the grounds that the prosecution was frivolous and in bad faith. The Third Circuit Court reversed and ruled the District Court abused its discretion because the … Read more
A landowner sued a multi-state agency tasked with maintaining the Delaware River challenging the commissions authority to regulate fracking on its land. Three state senators sought to intervene under Rule 24. The 3rd Circuit held that those state senators must establish Article III standing to intervene, given that they were seeking relief that was plainly … Read more
Plaintiffs, on behalf of a putative class, sued Defendants Payless and Avis for unauthorized charges. Defendants moved to compel Plaintiffs to arbitrate their claims. The Third Circuit Court affirmed, finding the District Court correctly denied the Defendants’ motions. Applying NJ law, the Court ruled that Plaintiffs did not consent to arbitration.
Petitioner was granted lawful permanent resident status in 1989 and pled guilty to larceny in New York in 2012. In 2018, he was charged with a removable offense, as the larceny charge was a crime involving moral turpitude under the Bureau of Immigration Appeals’ 2016 ruling in Matter of Diaz-Lizarraga, 26 I. & N. Dec. … Read more
In this pair of appeals, the issue was whether faxes soliciting participation by the recipients in market research surveys in exchange for monetary payments are advertisements within the meaning of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (b)(1)(C) (“TCPA”), which prohibits the transmission of unsolicited fax advertisements. The District Court ruled that such … Read more
Bradley was pulled over by state police when a trooper observed Bradley weave in and out of traffic. During the stop, Bradley admitted his license was suspended. After approx. ten more minutes of questioning, Bradley admitted there was cocaine in the trunk of his car. The trooper searched the trunk and confiscated a kilo of … Read more
Two former employees of Milton Hershey School for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement and the district court denied that motion. On appeal, the 3rd Circuit found that the state-law claims were still subject to the Federal Arbitration Act and that, in the … Read more
The Coalition appealed the District Court’s dismissal of its suit against Mazda. The Coalition sued under the NJ Franchises Practices Act, and the District Court dismissed the case for lack of standing. The Third Circuit reversed, finding the District Court construed the complaint too narrowly in concluding that the Coalition lacked association standing.