Fischbein v. Olson Res. Grp.

In these consolidated 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 surveys … Read more

United States v. Bradley

The defendant was pulled over after a trooper observed the defendant weave in and out of traffic. During the stop, the defendant admitted his license was suspended. After approx. ten more minutes of questioning, the defendant admitted there was cocaine in the trunk of his car. The trooper searched the trunk and confiscated a kilo … Read more

Darrington v. Milton Hershey Sch.

Two former employees of the Milton Hershey School sued for discrimination and retaliation after they were fired. The school moved to compel arbitration under the collective bargaining agreement, and the district court denied the motion. On appeal, the 3rd Circuit found that the state-law claims were subject to the Federal Arbitration Act. In the absence … Read more

NJ Coalition of Automotive Retailers v. 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. 

United States v. Lacerda

In this consolidated appeal, the defendants challenged their judgments of conviction, raising several claims of error, including challenges to the admission of evidence as well as to the sentences imposed. The 3rd Circuit affirmed. For the first time in a precedential opinion, the 3rd Circuit addressed the permissible scope and limits of overview testimony. The Court … Read more

PPG Industries Inc. v. United States

PPG Industies filed suit under the Comprehensive Environmental Response Compensation, and Liability Act against the Department of Commerce and other federal agencies seeking contribution to the cleanup of hazardous waste. PPG insisted that, because the government during WWI and WWII was involved in strategizing ways to maximize the plant in question’s output, it became a … Read more

Advanced Fluid Systems, Inc. v. Huber

In this trade secrets litigation, the 3rd Circuit was called on to interpret Pennsylvania’s Trade Secrets Act. At issue was whether a particular party had a sufficient interest in the trade secret to maintain an action for misappropriation. The 3rd Circuit adopted the reasoning of the 4th Circuit in DTM Research LLC v. AT&T Corp., … Read more

Calderon-Rosas v. Attorney General

Calderon-Rosas paid a now-disbarred attorney to represent him in removal proceedings, and Calderon-Rosas was ordered deported after that attorney failed to present key evidence supporting his application for cancellation of removal. Calderon-Rosas sought a new hearing, arguing that he was deprived of due process by, among other things, his attorney’s ineffective assistance, but the Board of … Read more

Hope v. Warden York Cty. Prison

#TRO #PreliminaryInjunction #Jurisdiction #Habeas Several immigration detainees filed a habeas corpus petition seeking their release based on the COVID-19 pandemic and the conditions of the jails in which they were housed. Without offering the government a chance to respond, the district court issued a temporary restraining order (TRO), demanding the release of the plaintiffs pending … Read more

James v. NJ State Police

#QualifiedImmunity #ClearlyEstablished #1983 4/21/2020 — This 1983 suit was brought as a result of a state trooper shooting and killing an armed suspect. Prior to engaging with the suspect, who the trooper knew was armed, had just violated a restraining order, and was not taking medication for mental health conditions. When the trooper engaged the … Read more