Third Circuit Sanctions Lawyer for Bad Cut-and-Paste Job

In Conboy v. United States Small Business Admin., No. 20-1726 (3d Cir. Mar. 19, 2021), the Third Circuit issues a Fed. R. App. P. 38 sanction against a lawyer whose appellate brief “was essentially a copy of the one he filed in the District Court.” To underscore the point, the panel attaches a red-lined copyContinue reading “Third Circuit Sanctions Lawyer for Bad Cut-and-Paste Job”

Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling

In O’Hanlon v. Uber Technologies Inc., No. 19-3891 (3d Cir. Mar. 17, 2021), the panel rejects defendant-appellee Uber’s argument that the Court of Appeals must take up a standing issue along with its interlocutory review of an arbitration decision. “We established in Griswold v. Coventry First LLC that, on interlocutory appeal from the denial ofContinue reading “Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling”

Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit

In Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 19-3142 (3d Cir. Sept. 1, 2020) – a constitutional challenge to the state’s ban on large capacity magazines (“LCMs”) – the panel holds that the first appellate decision in the case denying a preliminary injunction (910 F.3d 106, 111Continue reading “Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit”

Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit

In United States v. Heinrich, No. 19-3035 (3d Cir. Aug. 18, 2020), the Third Circuit holds that the district court failed to exercise discretion by assigning a law clerk to inform the lawyers of the ruling by phone, then failing to docket a written explanation. The defendant plead guilty on a child pornography conditioned onContinue reading “Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit”