Civil procedure gone awry. Twelve mortgage loan officers claimed that Citizens Bank forced them—and more than a thousand of their colleagues—to work over forty hours a week without paying them the overtime they were due. They filed a single complaint bringing a collective action under the Fair Labor Standards Act…
Civil procedure gone awry. Twelve mortgage loan officers claimed that Citizens Bank forced them—and more than a thousand of their colleagues—to work over forty hours a week without paying them the overtime they were due. They filed a single complaint bringing a collective action under the Fair Labor Standards Act (FLSA) and parallel state law… Continue reading In re Citizens Bank, N.A.
In an opinion full of allusions to baseball, the Third Circuit worked to clarify what constitutes a strike under 28 U.S.C. § 1915. That statute grants prisoners the right to proceed in federal court without prepaying filing fees. But the law revokes the right if the prisoner has three prior actions dismissed because they are… Continue reading Talley v. Wetzel
The Third Circuit reversed the District Court’s order that certified an “issue class” pursuant to Federal Rule of Civil Procedure 23(c)(4). The defendant is a nonprofit agency that certifies graduates of foreign medical schools to do their residencies in the United States. One graduate applied several times, each time using an alias. His trickery was… Continue reading Russell v. Educ. Comm’n for Foreign Med. Graduates
Appellant Karen Hepp hosts FOX 29’s Good Day Philadelphia. Hepp sued Facebook, Reddit, and Imgur. She alleged each defendant violated her right of publicity under Pennsylvania law. Hepp’s allegations centered on two sets of posts featuring her photograph taken without her consent. The first post—which was an advertisement for a dating app—appeared on Facebook. The… Continue reading Hepp v. Facebook
The Third Circuit ruled that a Hobbs Act robbery is not a crime of violence under the career offender provision of the United States Sentencing Code. To reach that conclusion, the Third Circuit applied “the oft-bedeviling categorical approach” in concluding that Hobbs Act robbery sweeps more broadly than the career offender guideline and therefore does… Continue reading United States v. Scott
Ghanem, a former lawful permanent resident of the United States, sought to avoid removal to Yemen, from which he fled. He pursued three forms of relief that the Immigration Judge (IJ) and the Board of Immigration Appeals (BIA) denied:1) asylum under the Immigration and Nationality Act, 2) withholding of removal under the Act, and 3)… Continue reading Ghanem v. Att’y Gen.
The Third Circuit applied the Ex Post Facto Clause to parole hearings. In the 1970s, Homes committed multiple murders while on parole. In 1997, while he was serving life-with-the-possibility-of-parole sentences, the New Jersey Legislature amended the parole process. Previously, at the first parole hearing, the parole board could consider essentially any relevant information. But if… Continue reading Holmes v. Christie
While not on the scale of Tupac vs. Biggie, this case involved a dispute amongst musicians. David Beasley and William Howard are embroiled in a long-running dispute over the rights to the band name “Ebonys.” Beasley filed two petitions before the Trademark Trial and Appeal Board (“TTAB”) to cancel Howard’s registered THE EBONYS trademark. The… Continue reading Beasley v. Howard
These consolidated appeals presented a fact pattern similar to The Wire. E-Black and Yizzo each ran drug trafficking conspiracies out of a public housing complex in North Philadelphia. Before trial, E-Black moved to suppress recordings of phone calls he made while incarcerated. Yizzo joined the motion because one of the calls was with him. The… Continue reading United States v. Jarmon
Section 524(g) enables bankruptcy courts handling asbestos-related companies’ cases to establish a trust for future claimants against the debtor company as part of the debtor company’s reorganization plan. Through the resulting channeling injunction, Section 524(g) diverts all claims against the debtor to the trust. Certain third parties can also benefit from a Section 524(g) channeling… Continue reading In re W.R. Grace & Co.