Singh v. Att’y Gen. U.S.

A quirky question of statutory construction resulted in the petitioner getting one more chance to avoid removal. The petitioner came to the U.S. from India without papers. Removal proceedings commenced, and the petitioner fled. In absentia, he was ordered removed. Later, he married in the U.S. and petitioned for asylum under a different name. That … Read more

Ellis v. Westinghouse Elec. Co., LLC

Dates matter in bankruptcy proceedings. Ellis worked for Westinghouse. About two months after the New York Bankruptcy Court confirmed Westinghouse’s Chapter 11 plan of reorganization (“the Plan”), Westinghouse terminated Ellis’s employment, explaining that his department was being restructured. Ellis believed he was unlawfully fired due to his age. So, he filed a charge with the … Read more

United States v. Andrews

The defendant is serving a sentence, which is more than three centuries long for his role in 13 gunpoint robberies committed when he was 19 years old. He filed a motion for compassionate release pursuant to the First Step Act. The defendant sought relief, pointing to the recent changes to the mandatory minimum laws and … Read more

Clews v. Cty. of Schuylkill

Three former Deputy Coroners sued their employer, the County of Schuylkill, claiming the County violated the Fair Labor Standards Act (“FLSA”) by failing to pay them overtime and then firing them in retaliation for seeking overtime pay. The District Court granted summary judgment in favor of the County, concluding that Plaintiffs were personal staff of … Read more

Ellison v. Am. Bd. of Orthopaedic Surgery

The Third Circuit didn’t buy a “damned if I do; damned if I don’t” argument. Ellison is an orthopedic surgeon practicing in California. He wanted to move to northern New Jersey and practice at one of the hospitals there. Those hospitals generally grant medical staff privileges to physicians only if they have been certified by … Read more

Indep. Lab. Emp. Union, Inc. v. ExxonMobil Res. and Eng’g Co.

This labor dispute arose when a bargaining unit member retired. After advertising internally failed to fill the position, ExxonMobil Research and Engineering Company (“EMRE”) contracted independent contractors to staff the position. Shortly after that, Indep. Lab. Emp. Union, Inc. filed a grievance regarding the propriety of EMRE contracting out bargaining unit positions in this way. … Read more

United States v. Rought

The Third Circuit analyzed the defendant’s “limited invocation” of his right to counsel. The defendant was arrested for possession of fentanyl with intent to distribute resulting in death. During his interrogation, an agent asked about the victim. The defendant stated, “I don’t really want to talk about that aspect without my lawyer.” The questioning continued … Read more

Virgin Islands Conservation Soc’y, Inc. v. Virgin Islands Bd. of Land Use Appeals

In this long-running dispute, the Virgin Islands Conservation Society, Inc. (“VICS”) — an environmental advocacy organization — challenged a default permit that the Virgin Islands Board of Land Use Appeals granted to Golden Resorts LLLP. VICS filed its petition for writ of review in the Superior Court of the Virgin Islands, a territorial court, and … Read more

Hatikvah Int’l Acad. Charter Sch. v. E. Brunswick Twp. Bd. of Educ.

The parties disputed who should pay for a special needs student’s private education. H.K. was a student at Hatikvah, a public charter school. After H.K.’s parents unilaterally moved H.K. to a private school, Hatikvah and H.K.’s parents agreed on an individualized education program (“IEP”) that kept H.K. at the private school. H.K.’s resident school district … Read more

Dianoia’s Eatery. LLC v. Motorists Mutual Ins. Co.

Insurance coverage and coronavirus were at the core of this case. In these consolidated appeals, three restaurants sued in state court seeking a declaration that their respective insurer was obligated to provide coverage for COVID-19-related losses. Each insurer removed its case to federal court, invoking diversity jurisdiction. Then, each District Court exercised its discretion under … Read more