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Weekly Caselaw Updates

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United States v. Adams

The Speedy Trial Act requires that a criminal defendant be tried within seventy days of arraignment or indictment or to have all charges dismissed. The defendant here was not tried for nearly two years. But the Third Circuit rejected his three claims regarding the speedy trial clock. The defendant claimed…

United States v. Adams
3rd Circuit

The Speedy Trial Act requires that a criminal defendant be tried within seventy days of arraignment or indictment or to have all charges dismissed. The defendant here was not tried for nearly two years. But the Third Circuit rejected his three claims regarding the speedy trial clock. The defendant claimed “that an open-ended continuance granted… Continue reading United States v. Adams

Groff v. DeJoy
3rd Circuit

The Third Circuit affirmed the order that granted summary judgment in favor of the U.S. Postal Service (USPS) in this religious discrimination suit. Groff informed USPS that he was unable to work on Sundays. USPS offered to find employees to swap shifts with him, but on more than twenty Sundays, no coworker would switch, and… Continue reading Groff v. DeJoy

Boy Scouts of Am. Century Indem. Co.
3rd Circuit

This appeal centered around Section 327(a) of the Bankruptcy Code and the rules of professional conduct. The case involved the Boy Scouts, its insurer, its insurer’s reinsurer, and other multiple firms. Given the issue’s complexity, Judge Ambro authored a remarkably easy-to-read opinion. The law firm Sidley Austin represented the insurer in its pursuit of reinsurance… Continue reading Boy Scouts of Am. Century Indem. Co.

FDRLST Media, LLC v. Nat’l Labor Relations Bd.
3rd Circuit

The Third Circuit ruled that there was “no inkling” that a reasonable employee of The Federalist online magazine could interpret as a threat the publisher’s tweet that he would send them “back to the salt mine” if they tried to unionize. The brouhaha began when employees of Vox media — unrelated to the plaintiff —… Continue reading FDRLST Media, LLC v. Nat’l Labor Relations Bd.

Argueta-Orellana v. Att’y Gen.
3rd Circuit

The Third Circuit affirmed the Board of Immigration Appeals (BIA) order that dismissed the petitioner’s appeal after he did not file a brief in support of his appeal of the Immigration Judge’s removal order. The Court ruled that the BIA’s decision was neither arbitrary nor irrational. Moreover, the Court could not consider the new arguments… Continue reading Argueta-Orellana v. Att’y Gen.

Matrix Distrib. v. Nat’l Ass’n of Bds. of Pharm.
3rd Circuit

Wholesale pharmaceutical distributors sued two private entities under § 1983 for alleged constitutional and federal law violations. Though the plaintiffs alleged harm caused by the defendants’ conduct, their claims were missing an essential element: a state actor. Because the plaintiffs failed to allege sufficiently that the defendants were acting for a state, any wrong the… Continue reading Matrix Distrib. v. Nat’l Ass’n of Bds. of Pharm.

Lesko v. Sec’y Pa. Dept. of Corr.
3rd Circuit

The Third Circuit dealt with an appeal from the denial of the petitioner’s second habeas corpus petition under 28 U.S.C. § 2254. The petitioner was convicted of multiple homicides in state court and was sentenced to death. In his first 2254 petition, he won resentencing. But at the resentencing, the jury again sentenced him to… Continue reading Lesko v. Sec’y Pa. Dept. of Corr.

Ford v. Att’y Gen.
3rd Circuit

The Third Circuit vacated the Board of Immigration Appeals (BIA) order declining to reopen the petitioner’s case. Petitioner paid an attorney to represent him in removal proceedings. His requests for relief from deportation were denied after the attorney “failed to present important and easily available evidence going to the heart of the claims.” Petitioner retained… Continue reading Ford v. Att’y Gen.

Gaines v Superintendent Benner Twp. SCI
3rd Circuit

The Third Circuit vacated an order granting the defendant’s petition for habeas corpus. The defendant was convicted in Pennsylvania state court of first-degree murder. After pursuing direct and collateral proceedings in Pennsylvania, the defendant petitioned for habeas relief. The District Court granted the petition, finding that the defendant’s trial counsel was ineffective for not objecting to… Continue reading Gaines v Superintendent Benner Twp. SCI

In re Szczyporski
3rd Circuit

This appeal involved the interaction of two federal laws: the Patient Protection and Affordable Care Act (ACA) and the Bankruptcy Code. The Third Circuit held that the ACA’s shared responsibility payment is a tax “on or measured by income.” Thus, the Court joined those courts that hold the shared responsibility payment is entitled to priority… Continue reading In re Szczyporski