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Publication Date: 2024-05-27
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Roth
Attorneys: For plaintiff: Benjamin L. Wallace, Jesse S. Wenger, Office of United States Attorney, Wilmington, DE for appellant.
for defendant: David Pugh, Mary K. Healy, Office of Federal Public Defender, Wilmington, DE for appellee.
Case Number: 23-2005
District court correctly suppressed evidence where defendant's actions were not sufficiently furtive or suspicious to justify a Terry stop.
Publication Date: 2024-05-13
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2549
Settlement agreement arising from bankruptcy mediation did not evidence the parties' intent to waive confidentiality protections under local bankruptcy rules.
Publication Date: 2024-04-22
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1787
Plaintiff raised genuine issues of material fact as to whether officers had probable cause to arrest where there was conflicting evidence regarding whether plaintiff had offensively struck one officer's police horse.
Publication Date: 2024-04-08
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Legal Services | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1731
Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.
Publication Date: 2024-03-26
Practice Area: Contracts
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: John Bash, Quinn Emanuel Urquhart & Sullivan, LLP, Austin, TX; Daniel C. Posner, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA; Eric W. Pinker, Lynn Pinker Hurst & Schwegmann, LLP, Dallas, TX; Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE for appellants.
for defendant: Nicole A. Saharsky, Minh Nguyen-Dang, Mayer Brown LLP, Washington, DC; Michael P. Lennon, Charles S. Kelley, Jr., Susan L. Alkadri, Mayer Brown LLP, Houston, TX; Bryan J. Hall, Chipman Brown Cicero & Cole, Wilmington, DE; Jeffrey M. Scott, Archer & Greiner, P.C., Philadelphia, PA for appellee.
Case Number: 22-3019
Original tenant could not be held liable under assigned lease which was amended by the landlord and assignee without the original tenant's knowledge or consent.
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Publication Date: 2024-03-18
Practice Area: Mergers and Acquisitions
Industry: Food and Beverage | Hospitality and Lodging | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1297
Seller did not breach implied covenant of good faith in negotiations simply by increasing its asking price, as non-binding letter of intent allowed parties to terminate negotiations except to breach exclusivity provision.
Publication Date: 2024-03-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: Troy Rivetti, Donovan J. Cocas, Laura S. Irwin, Matthew S. McHale, Office of United States Attorney, Pittsburgh, PA for appellant.
for defendant: Kelvin L. Morris, Law Office of Kelvin L. Morris, Pittsburgh, PA for appellee.
Case Number: 22-3033
District court procedurally erred in excluding evidence in child pornography prosecution by not viewing proffered materials before concluding that the risk of unfair prejudice outweighed the materials' probative value.
Publication Date: 2024-02-05
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows, LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor, Wilmington, DE; Ana Alfonso, Willkie Farr & Gallagher, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.
Publication Date: 2024-02-05
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3212
Court affirmed dismissal of adversary complaint by creditor where there was no evidence supporting a claim of non-dischargeability of a personal guarantee of a business loan.
Publication Date: 2024-01-15
Practice Area: Transportation
Industry: Aerospace | Federal Government | Non-Profit | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Steven M. Taber, Leech Tishman Fuscaldo & Lampl, Pasadena, CA for petitioners.
for defendant: Justin Heminger, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Rebecca Jaffe, United States Department of Justice Environment & Natural Resources Division, Washington, DC; Peter J. Kirsch, W. Eric Pilsk, Washington, DC for respondents.
Case Number: 22-1965
Court affirmed Federal Aviation Administration approval of new airport terminal construction where the record supported the FAA's determination that the project would not independently cause an adverse environmental impact and where the project had independent utility due to the complete inadequacy of the existing terminal.
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