USA v. Reyes-Romero

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

Wayne Land and Mineral Group, LLC v. Delaware River Basin Comm.

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

Bacon v. Avis

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.

Fischbein v. Olson Research Group

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

USA v. Bradley

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

NJ Coalition of Automotive Retailers v. Mazda

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.