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Publication Date: 2024-02-28
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3179
Plaintiff appealed the summary judgment dismissal of her complaint.
Publication Date: 2024-01-29
Practice Area: Insurance Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2297
Defendant appealed the district court's grant of partial summary judgment on its declaratory judgment claim.
Publication Date: 2024-01-11
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3044
Plaintiffs appealed the partial grant of summary judgment for defendants.
Publication Date: 2023-10-09
Practice Area: Criminal Law
Industry: Construction | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3679
Defendants appealed their convictions under 18 U.S.C. §§1343 and 1349 for wire fraud involving false documentation to comply with disadvantaged business enterprises requirements on a contract and court found government sufficiently proved the "property" element and trial court's jury instructions were proper but trial court's loss calculation was erroneous. Affirmed in part and reversed in part.
Publication Date: 2023-10-09
Practice Area: Criminal Law
Industry: Construction | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 19-3679
District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-05-08
Practice Area: Government
Industry: Construction | Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3679
Appellants challenged their convictions under 18 U.SC. §§1343 and 1349 and court found they secured PennDOT's money using false pretenses, the value PennDOT received from partial performance of the contracted services was no defense to criminal prosecution for fraud and jury instructions were proper but district court erred in its loss calculation. Affirmed in part and reversed in part and remanded.
Publication Date: 2023-01-23
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2646
Although evidence that supervisor had substantial authority over employer's operations to make them a proxy for the employer that required a jury instruction regarding the proxy/alter ego exception to affirmative defenses, the failure to give such an instruction was harmless where the jury did not find that harassment had occurred. Order of the district court affirmed.
Publication Date: 2022-09-19
Practice Area: Dispute Resolution
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2438
District court erred in denying appellant's motion to compel arbitration because borrower's argument, that appellant was not a party to the arbitration agreement because its assignment from consumer discount company was invalid, was not persuasive and a plain reading of the text of the agreement showed the parties to the loan clearly and unmistakably expressed an agreement to arbitrate the issue of arbitrability. Vacated.
Publication Date: 2022-09-13
Practice Area: Insurance Law
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1947
Insurer was not required by Delaware law to demonstrate prejudice in denying untimely claim for coverage under claims-made policy that lacked express language extending coverage to any claims that were reported during renewal terms.
Publication Date: 2022-07-29
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff:
for defendant:
Case Number: 19-3693
Plaintiffs appealed from the district court's grant of summary judgment in favor of defendants on plaintiffs' RICO claims.
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