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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.
Publication Date: 2023-12-25
Practice Area: Criminal Appeals
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1264
District court erred in denying appellant's §2241 petition because district court had no subject matter jurisdiction since, as a consequence of the holding in Jones v. Hendrix, 143 S.Ct. 1857, appellant had no recourse under §2241. District court's order vacated.
Publication Date: 2023-12-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2208
District court properly found that murder in furtherance of a continuing criminal enterprise was not a "covered offense" under the First Step Act, the sentencing package doctrine was inapplicable and defendants were ineligible for sentence reductions. Affirmed.
Publication Date: 2023-12-04
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: Joanne M. Heisey, Federal Community Defender Office for the Eastern District of Pennsylvania, Capital Habeas Unit, West Philadelphia, PA; Brett G. Sweitzer, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA for appellants.
for defendant: Bernadette A. McKeon, Robert A. Zauzmer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 22-2208
Defendants were ineligible for sentencing reductions under the First Step Act where the Fair Sentencing Act only reduced mandatory minimum sentencing thresholds for certain drug possession offenses, but did not affect sentencing for drug-related murder convictions even though such convictions required a predicate drug offense.
Publication Date: 2023-11-27
Practice Area: Litigation
Industry: Insurance | Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 23-678
Individual defendants filed a motion to dismiss, requesting that the court decline to exercise subject matter jurisdiction over plaintiff insurer's suit for a declaratory judgment that it had no duty to defend or indemnify in an underlying state court action. The court denied the motion.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-10-04
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2553
Plaintiff appealed the grant of summary judgment for defendants.
Publication Date: 2023-10-02
Practice Area: Civil Rights
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3162
Prohibiting a person from participating in a non-mandatory religious practice could constitute a substantial burden on their religious freedoms in violation of the Religious Freedom Restoration Act. Order of the district court reversed in part and affirmed in part.
Publication Date: 2023-09-18
Practice Area: Employment Litigation
Industry: Health Care | Investments and Investment Advisory
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 20-4195
Defendant defined contribution retirement plan's committee did not breach its duty of prudence under ERISA with regard to plan's investment funds because committee had in place an objectively prudent process for monitoring and managing the investment funds and record keeping fees, the investment funds were objectively prudent and its recordkeeping fees and choice of a new recordkeeper were objectively prudent. Judgment for defendant.
Publication Date: 2023-09-18
Practice Area: Class Actions
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 21-4479
Court granted class certification in action challenging automobile insurer's calculation of actual cash value for totaled vehicle, where the primary issue in the case involved the common question of the propriety of the insurer's use of "projected sold adjustments" in its calculations. Plaintiffs' motion for class certification granted, defendants' cross-motions to exclude experts denied.
Publication Date: 2023-09-04
Practice Area: Class Actions
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-8056
District court's reconsideration order made no material changes to the class certification order entered in May 2022 and thus, defendant's rule 23(f) motion filed within 14 days of the reconsideration order but 195 days after the class certification order was not timely. Motion denied.
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