Darby v. Att’y Gen.

The Third Circuit affirmed the Board of Immigration Appeals’ order that denied the petitioner’s request to reopen the denial of her of applications for asylum, withholding of removal, and protection under the Convention Against Torture. She sought to reopen her case well after the 90-day deadline for such requests. The Third Circuit attempted to clarify … Read more

Aly v. Valeant Pharm Int’l, Inc.

This was an appeal from the District Court’s order dismissing the complaint filed by individual shareholders of Valeant Pharmaceuticals Inc. as untimely. A class action was filed against Valeant on behalf of investors who purchased its stock. Appellants were putative members of that class, but rather than wait for the District Court’s decision on class … Read more

Mondelli v. Berkeley Nursing and Rehab. Ctr.

Mondelli sued Berkeley Heights Nursing and Rehabilitation Center and several of its employees for violating the Americans with Disabilities Act and intentionally inflicting emotional distress. But Mondelli failed to cooperate with his counsel to provide discovery, so the District Court dismissed his complaint for failure to prosecute. The Third Circuit vacated the dismissal order because … Read more

United States v. Brace

“Litigants flout court rules at their peril. District courts have broad discretion to punish them by striking their briefs if needed. We will not upset these sanctions lightly.” When an appellate court’s opinion begins like this, it’s obvious the litigator should have hired Sullivan | Simon to assist. Here, Brace’s attorney repeatedly violated the court … Read more

Oakwood Lab’y, LLC v. Thanoo

In its own words, the Third Circuit used this opinion “to clarify the requirements for pleading a trade secret misappropriation claim under the Defend Trade Secrets Act.” Two pharmaceutical companies engaged in discussions to work together. One company walked away from the deal but hired away the other’s chief scientist. And after having no prior … Read more

Butt v. United Brotherhood of Carpenters & Joiners of America

This appeal involved a dispute over legal fees. Attorney Thompson appealed the District Court’s order to pay $54,562.73 to predecessor counsel from Thompson’s portion of a settlement fund. Thompson raised four arguments on appeal. The Third Circuit affirmed, finding that the District Court correctly addressed each at length in its thorough and well-reasoned opinion.

Baxter v. Superintendent Coal Twp. SCI

The Third Circuit granted the appellee’s motion to publish its opinion in Baxter v. Superintendent Coal Twp. SCI. The case arose in the context of a habeas corpus petition wherein the petitioner claimed that the trial court’s reasonable doubt instruction to the jury was inaccurate and caused prejudice. The instruction provided the example that if … Read more

United States v. Boyd

The Third Circuit rejected the defendant’s claim that 18 U.S.C. § 922(g)(8) was an unconstitutional violation of his Second Amendment rights. The defendant was convicted of the charge because he was subject to a state-level protective order that required him to surrender his firearms. Following the standard set forth in United States v. Marzzarella, the … Read more

United States v. Murphy

The Third Circuit revisited its recent opinion in United States v. Easter and the First Step Act. First, the Third Circuit joined the Eleventh Circuit in holding that, under the Act, sentencing courts are “bound by a previous finding of drug quantity that could have been used to determine the movant’s statutory penalty at the … Read more

In re Venoco LLC

In Central Va. Cmty. Coll. v. Katz, 546 U.S. 356 (2006), the U.S. Supreme Court held that, by ratifying the Bankruptcy Clause of the U.S. Constitution, states waived their sovereign immunity defense in proceedings that further a bankruptcy court’s exercise of its jurisdiction over property of the debtor and its estate. In the case of … Read more