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24 results for '* judge:"Circuit Judge Porter"' You can use Search Constraints to get even better search results
Publication Date: 2024-02-23
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2788
Appellants appealed the district court's order granting summary judgment in favor of police officers on the basis of qualified immunity where the officers inflicted gratuitous injuries on family members, none of whom were suspected of any criminal activity, during a pre-dawn, no-knock raid on a residence. The court reversed, holding that the district court erred by predominantly crediting the officers' version of events for purposes of summary judgment, rather than construing the evidence in favor of plaintiffs, as non-movants.
Publication Date: 2024-02-02
Practice Area: Damages
Industry: Automotive | Federal Government | Retail | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3162
Federal government had not waived sovereign immunity for alleged personal injury or loss arising from the government's detention or forfeiture of money. Order of the district court affirmed.
Publication Date: 2023-09-18
Practice Area: Insurance Litigation
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1748
Court lacked jurisdiction to hear insurer's appeal of district court order stating insurer had a duty to defend appellee under the policy because orders declaring the meaning of a contract were not enforceable by contempt unless district court explicitly so provided and district court's order was not final and did not direct insurer to undertake any defense or advance costs. Appeal dismissed.
Publication Date: 2023-09-18
Practice Area: Criminal Appeals
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3299
Appellant moved for acquittal in his conviction for violating 18 U.S.C. §111 for assaulting and resisting an "officer of the United States" and court found the officers involved worked for a private security company hired to provide security for a social security office, government did not prove the officers were "assistants" for purposes of §1114 and appellant was entitled to a judgment of acquittal. Motion granted.
Publication Date: 2023-09-04
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1402
Forum-selection clause requiring litigation of claims in state court was not a removal defect supporting award of fees and costs to non-removing party on motion for remand. Order of the district court vacated.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-08-07
Practice Area: Telecommunications
Industry: State and Local Government | Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
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for defendant:
Case Number: 22-2392
Municipality's denial of variance application to construct cell tower to fill in coverage gap violated the Telecommunications Act where provider had reasonably considered alternatives to fill in the coverage gap and other alternatives suggested by the municipal zoning board would substantially increase costs for the provider and "materially inhibit" its ability to compete in the market. Order of the district court affirmed.
Publication Date: 2023-07-31
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2085
District court did not violate double jeopardy in issuing a criminal sentence to appellant after restitution was imposed on appellant in SEC's civil complaint and appellant pled guilty to DOJ's criminal charges and district court did not abuse its discretion when it denied appellant's request for a downward departure and variance in his sentence. Affirmed.
Publication Date: 2022-11-28
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2655
District court erred in granting summary judgment for appellee class representatives' action alleging DOC's policy for paroling sex offenders to halfway house unconstitutionally considered "community sensitivity" because appellees were not similarly situated with non-sex offender parolees and DOC's 13 factors that evaluated a parolee's fitness for placement in a halfway house related to the success of the halfway house system and was rationally related to a legitimate government interest. Reversed.
Publication Date: 2022-09-05
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1004
District court properly denied defendant's habeas corpus petition because, under the Antiterrorism and Effective Death Penalty Act, defendant could not develop facts to support his new merits claim in federal court and, on the state record, his trial counsel was not ineffective for arguing an alibi defense instead of self-defense. Affirmed.
Publication Date: 2022-08-01
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Porter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0850
District court did not err in applying sentencing enhancements for being the organizer or leader and for maintaining a premises for the purposes of distributing controlled dangerous substances in sentencing appellant for conspiracy to distribute and possess heroin and possession with intent to distribute heroin and methamphetamine. Affirmed.
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