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30 results for '* judge:"Circuit Judge Restrepo"' You can use Search Constraints to get even better search results
Publication Date: 2024-01-29
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3096
Former union members' First Amendment objections to continued paycheck deduction of dues until contractual end date failed where such claims were governed by state contract law, with the First Amendment not providing the right to disregard contractual obligations. Orders of the district court affirmed.
Publication Date: 2024-01-01
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1861
Government sought rehearing en banc after appellant's enhanced Armed Career Criminal Act sentence was overturned and court found no judge who concurred in the decision asked for rehearing, a majority of the judges of the circuit in regular service had not voted for rehearing and denied the petition for rehearing en banc. Motion denied.
Publication Date: 2023-12-18
Practice Area: Constitutional Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3316
District court erred in granting appellee's motion to suppress evidence of a gun found during a traffic stop because district court erroneously applied a subjective standard of review to the criminal record check officer conducted after a routine license and warrant check. Reversed.
Publication Date: 2023-10-16
Practice Area: Consumer Protection
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2430
District court erred in granting summary judgment to debt collection company Waypoint in appellant's Fair Credit Reporting Act and Fair Debt Collection Practices Act action over an alleged fraudulent account and court found Waypoint had a duty to investigate appellant's indirect complaint regardless of appellant's purported failure to supplement his dispute with additional information or the fact that he had previously submitted a direct dispute that cable company had deemed frivolous. Reversed.
Publication Date: 2023-09-25
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1298
District court properly denied summary judgment and qualified immunity for officer in estate's §1983 action over officer shooting a driver during an attempted execution of a warrant because reasonable jury could find driver was blocked in, had little space to maneuver, was unable to meaningfully accelerate at any point and the right at issue here was clearly established. Affirmed.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-06-12
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1861
District court erred in denying appellant's motion to correct his sentence because appellant's aggravated assault conviction was not a predicate offense under the Armed Career Criminal Act since that conviction was not a violent felony under the act. Reversed and remanded.
Publication Date: 2023-04-17
Practice Area: Evidence
Industry: Federal Government | Health Care | Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 20-2955
Intervenors appealed the denial of their Fed.R.Crim.P. 41(g) motion for the return of their "property," their alleged attorney-client privilege in a document, and court found the rule 41(g) motion was part of an ongoing criminal process, district court's denial of the motion was not a final appealable order and court lacked jurisdiction. Appeal dismissed.
Publication Date: 2023-04-03
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1784
District court properly denied appellant's challenge to his conviction for the use of a firearm during a crime of violence in violation of 18 U.S.C. §924(c)(1)(A) after he pled guilty and admitted to committing a completed Hobbs act robbery and court found appellant's §924(c) conviction was predicated on a completed Hobbs act robbery that had the use of physical force as an element and a completed Hobbs act robbery qualified as a crime of violence under §924(c)(3)(A). Affirmed.
Publication Date: 2022-12-26
Practice Area: Whistleblower Laws
Industry: Construction | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2899
In a decision clarifying the scope of conduct protected by the False Claims Act, the third circuit found that plaintiff's complaint sufficiently alleged that he had engaged in protected conduct when he went outside the scope of his chain of command to report concerns about fraudulent work and that his employer was on notice of his efforts to stop alleged FCA violations, resulting in his termination. The appellate court reversed and remanded.
Publication Date: 2022-12-12
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: 16-1682
Appellants appealed their convictions and sentence for conspiracy to distribute CDS, CDS distribution and weapons charges arguing improper evidence rulings, jury instructions and sentencing and court found district court's rulings were error-free. Affirmed.
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