• Thomas v. City of Harrisburg

    Publication Date: 2023-12-25
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-2963

    District court properly denied officers' claims for qualified immunity in plaintiff administrator's Fourteenth Amendment failure to render medical care claim after officers took decedent, who they believed had ingested crack cocaine, to booking without seeking medical care because officers should have taken reasonable steps to render medical care but officers were entitled to qualified immunity on plaintiff's failure to intervene in the medical context claim because there was no such clearly established right. Affirmed in part and den

  • United States v. Kwasnik

    Publication Date: 2023-01-09
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-3551

    Appellant appealed district court's denial of his motion to withdraw his guilty plea and the denial of three post-appeal motions and court found appellant did not file a new notice of appeal or amend the notice already filed and never appealed the denial of the post-appeal motions, district court did not err in denying his motion to withdraw his guilty plea because none of the alleged evidence he presented was newly discovered and district court did not err in sentencing. Affirmed.

  • United States v. Banks

    Publication Date: 2022-12-19
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-3812

    Appellant challenged district court's denial of his request to waive his right to counsel in his wire fraud trial and the imposition of special conditions of supervised release and court found district court properly found he could not knowingly and voluntarily waive his right to counsel and properly imposed special conditions of supervised release but erred in interpreting "loss" in the context of U.S.S.G. §2B1.1. Affirmed in part and remanded.

  • United States v. Mitchell

    Publication Date: 2022-07-18
    Practice Area: Criminal Appeals
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0808

    First Step Act | Resentencing | Vacatur

  • Rivera v. Monko

    Publication Date: 2022-07-04
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0739

    District court properly found defendants were entitled to qualified immunity in inmate's action asserting denial of his right to access the courts since the right inmate sought was not clearly established but court also found inmates needed to continue to have a right to access the courts after they filed their complaints, including access to court rules and procedures, and established that such right did exist. Affirmed.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Burton v. Schamp

    Publication Date: 2022-02-28
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0222

    Dismissal of civil rights actions by magistrate judge reversed where not all named parties to each action had given affirmative consent to magistrate judge jurisdiction. Orders of the district court reversed, cases remanded.

  • Dennis v. City of Philadelphia

    Publication Date: 2021-12-06
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1407

    Criminal defendant sufficiently pled §1983 claim by alleging that detectives offered perjured testimony and suppressed/concealed material exculpatory evidence to frame defendant for his charged crimes. Order of the district court affirmed.

  • Hamer v. LivaNova Deutschland GMBH

    Publication Date: 2021-05-03
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0480

    District court erred in dismissing appellant's claims with prejudice for failure to show proof of a non-tuberculosis mycobacterium, or NTM, infection in his action against medical device manufacturer because appellant's case was ill-suited for continued consolidation in multidistrict litigation, his alternate theories of liability raised questions of causation and injury not present for plaintiffs who had a positive bacterial culture and district court should have remanded appellant's action. Reversed and remanded.

  • Doe v. Gov. of Pennsylvania

    Publication Date: 2020-10-26
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1157

    Facial procedural due process challenge to Pennsylvania's prohibition on firearm possession by those involuntarily committed under the Mental Health Procedures Act dismissed where individuals found to be mentally ill and in need of commitment fell within the class of individuals relieved of their Second Amendment rights. Order of the district court affirmed.

  • Hay Group Mgmt., Inc. v. Schneider

    Publication Date: 2020-07-27
    Practice Area: Labor Law
    Industry: Consulting
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-0790

    Although plaintiff was not required to file claims as counterclaims in foreign litigation proceeding, certain claims were still barred from present federal court litigation where an outcome in favor of plaintiff would serve to nullify the ruling of the foreign court. Order of the district court affirmed in part and reversed and remanded in part.