As of December 4, as stated here, New Jersey’s own Judge Chagares became Chief Judge of the Third Circuit Court of Appeals. That occurred as a result of the fact that his predecessor, Chief Judge Smith, reached age 70, the ...
In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th ___ (3d Cir. 2021). This was a trade secret and ...
Chief Judge Smith announced that he will be stepping down as Chief Judge. He will shortly reach age 70, the age limit for serving as Chief Judge of the Third Circuit Court of Appeals. Judge Smith did not say exactly ...
Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...
United States v. Heinrich, 971 F.3d 160 (3d Cir. 2020). In this appeal, defendant entered a conditional guilty plea to the production of child pornography. He preserved the right, however, to appeal the exclusion of expert testimony that he sought ...
Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that date. Separately, Governor Murphy nominated Fabiana Pierre-Louis to fill the ...
Garrett v. Wexford Health, 938 F.3d 69 (3d Cir. 2019). This appeal was brought by a prisoner who claimed, as Chief Judge Smith summarized it, that “were deliberately indifferent to his serious medical needs and that they retaliated against him.” ...
Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions. From August 14 through August 29, the court published thirteen ...
In re Avandia Marketing, Sales Practices and Products Liability Litigation, 924 F.3d 662 (3d Cir. 2019). This appeal had an unusual subject: whether certain documents that defendant GlaxoSmithKline (“GSK”) had designated as confidential in the District Court, pursuant to a ...
Federal Trade Commission v. Shire Viropharma, Inc., 917 F.3d 147 (3d Cir. 2019). A former President of the United States famously uttered the statement that, in interpreting his testimony under oath, “it depends on what the meaning of ‘is’ is.” ...