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Criminal Practice
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November 08, 2022
3rd Circ. Clarifies Rules For Atty Exits From Criminal Appeals
The Third Circuit has ruled that briefs filed by defense attorneys to support withdrawal from an unsupportable criminal case appeal are not intrinsically inadequate if a defendant raises different, frivolous appeal arguments on his or her own behalf afterward.
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September 30, 2022
3rd Circ. Orders Sentence Redo In $95M Drug Fraud Case
The Third Circuit聽on Friday threw out the 2017 money laundering convictions of reverse pharmaceutical company Devos Ltd. and two of its former executives but left intact dozens of other criminal counts, prison terms and fines for a $95 million drug refund theft scheme.
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September 28, 2022
3rd Circ. Upholds Toss Of Illegal Immigrant's Firearm Appeal
The Third Circuit has affirmed an Eastern District of Pennsylvania federal judge's rejection of a Dominican Republic citizen's appeal of his conviction on firearm and immigration law offenses 鈥� albeit for different reasons than the lower court.
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September 08, 2022
Pot Shop Atty Rips FBI Effort To 'Manufacture' Bribery Case
A Massachusetts attorney accused of attempting to bribe a police chief to approve a pot shop in his town called the charges against him "manufactured" by the FBI, according to a motion to dismiss Thursday.
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June 13, 2022
3rd Circ. Affirms Snubbed Law Student's Cyberstalking Plea
The Third Circuit upheld a federal statute criminalizing cyberstalking Monday, finding the law does not wade into protected free speech and affirming the conviction of a snubbed Georgetown law student accused of orchestrating an internet campaign to harass the interviewer he blamed for his rejection.
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April 06, 2022
Tort Report: Soccer Megastar Escapes Sex Assault Suit
The dismissal of a suit accusing soccer superstar Cristiano Ronaldo of sexual assault, and "take-home COVID" suits against a California bakery lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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March 04, 2022
Pa. Ex-Mayor, Lawyer Stuck With Pay-To-Play Convictions
The Third Circuit on Friday denied requests by Allentown, Pennsylvania's former mayor聽Edwin Pawlowski and attorney Scott Allinson to have their convictions overturned in a case stemming from the former politician's promises of contracts and favors in exchange for campaign donations.
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January 27, 2022
Meadows On Shaky Legal Ground With Privilege Claim
The U.S. Supreme Court's decision last week rejecting former President Donald Trump's bid to block certain White House documents from the House select committee probing the deadly Jan. 6 Capitol attack聽will make it more difficult for his allies, such as his former chief of staff Mark Meadows, to keep documents or conversations they had with Trump pertaining to the attack private.
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December 08, 2021
Judge Overrides Pa. Bar On Transgender Felon Name Change
A Philadelphia state court judge has overridden Pennsylvania's bar on allowing people with felony convictions to change their names, granting a name-change petition for a transgender woman who had previously pled guilty to burglary and conspiracy.
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November 15, 2021
3rd Circ. Says Convicted Atty Can't Lean On Bridgegate Ruling
A suspended lawyer again failed to erase his conviction in a public school embezzlement scheme involving the son of former U.S. Rep. Chaka Fattah, as a Third Circuit panel held Monday in a revised opinion that a jury instruction at his trial did not run afoul of the U.S. Supreme Court's "Bridgegate" decision.
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October 21, 2021
A Stall Tactic? Trump Tests Bounds Of Executive Privilege
The litigious Donald Trump is back in court, this time to shield his White House records related to the Jan. 6 insurrection, a move that may test not only the bounds of executive privilege due聽the former president but also his practice of using the courts to delay and stonewall congressional inquiries.
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September 16, 2021
鈥嬧�嬧�嬧�嬧�嬧�嬧��3rd Circ. To Rehear Atty Fraud Case With Eye On Bridgegate
A Third Circuit panel will take another look at a suspended attorney's challenge to his fraud conviction through the lens of the U.S. Supreme Court's Bridgegate decision, according to a Thursday order in a case over a public school embezzlement scheme involving the son of former U.S. Rep. Chaka Fattah.
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September 15, 2021
David Boies Threatened Theranos Whistleblower, Jury Told
A former Theranos lab technician who filed a whistleblower complaint against the startup testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Wednesday that she quit after her managers ignored her concerns with the accuracy of Theranos' blood tests, and said Theranos' then-counsel David Boies subsequently threatened to sue her.
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September 08, 2021
Tribal Leaders Say Okla. Needlessly Stirring Fears Over McGirt
Oklahoma is pushing harder than ever on its claims that the landmark McGirt decision has led to widespread disruption in the state by giving several tribes authority over their reservations, but tribal officials say that won't cut any ice with the U.S. Supreme Court and the state would be better off trying to reach jurisdictional agreements rather than stoke unnecessary anxiety over the ruling.
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June 25, 2021
Pa. Panel Says Civil Suits Can't Reduce Criminal Restitution
A Pennsylvania man sentenced to pay $27,000 for the lost wages of someone he injured in a bar fight can't file a civil suit against the victim for allegedly deceiving the court about how much he lost, a Superior Court panel ruled Friday.
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June 09, 2021
Bridgegate Defendant Sues Port Authority For Legal Fees
A Port Authority of New York and New Jersey executive and defendant in the so-called Bridgegate criminal case sued his former employer Wednesday in New York state court, saying the agency should cover years of legal fees he incurred while successfully defending himself.
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May 04, 2021
20-Year-Old Robbery Blocks Bid For Asylum, 3rd Circ. Says
The Third Circuit on Tuesday said a more than two-decade-old robbery conviction in New Jersey constituted an aggravated felony under the Immigration and Nationality Act and thus barred a Nigerian man from avoiding deportation amid fears he would face mistreatment in the West African nation due to his bisexuality.
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April 13, 2021
3rd Circ. Won't Nix Pa. Atty's Conviction In Fraud Case
The Third Circuit said on Tuesday that prosecutors' late and massive production of materials did not warrant tossing a suspended attorney's conviction in a public school embezzlement scheme involving the son of former U.S. Rep. Chaka Fattah, ruling in a precedential opinion that the discovery violation did not violate his speedy trial rights.
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April 06, 2021
3rd Circ. Orders Redo Of Ex-Candidate's Bribery Sentence
The Third Circuit on Tuesday ordered a new sentence for a former political candidate after concluding in a precedential opinion that a New Jersey federal court committed various errors in giving him a three-month prison term over a voter bribery scheme.
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January 27, 2021
3rd Circ. Upholds Bulk Of Conviction For Pa. Rep.'s Aide
The Third Circuit mostly upheld the conviction of a suspended attorney and onetime political consultant to former U.S. Rep. Bob Brady, D-Pa. on Tuesday, ruling in a precedential decision that a heightened standard of proving willfulness didn't apply to all counts in the government's case alleging he violated federal campaign finance law.
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December 16, 2020
Ex-PSU Boss Seeks 3rd Circ. Redo Over Conviction Revival
Ex-Pennsylvania State University President Graham Spanier pressed for an en banc rehearing before the Third Circuit on Tuesday following a decision earlier this month that his conviction on a child endangerment charge stemming from the Jerry Sandusky sex abuse scandal hadn't been based on unconstitutional retroactive application of state criminal law.
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October 16, 2020
3rd Circ. Nixes Higher Bar To End Criminal Supervision
The Third Circuit ruled Friday in a precedential opinion that district courts don't need to find new, unforeseen, extraordinary or exceptional circumstances in granting early termination of supervised release in criminal cases, saying a New Jersey federal judge was wrong to apply that higher standard in denying such a request.
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October 08, 2020
3rd Circ. Orders Redo In Ex-Vanguard Worker's Prison Term
The Third Circuit on Thursday vacated the four-year prison term handed to an ex-Vanguard Group employee convicted of stealing $2.1 million from dormant accounts, ruling in a precedential decision that the lower court misapplied a sentencing enhancement for abusing a position of trust.
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September 29, 2020
Ex-Informant Again Beats SEC Suit Over Stock Schemes
A former government informant on Tuesday again defeated a U.S. Securities and Exchange Commission suit over his alleged role in penny stock manipulation schemes, with a New Jersey federal judge finding that the agency did not show injunctions were needed to prevent him from breaking securities laws in the future.
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September 08, 2020
Liberian Commander Can't Slip Sentence Over Gov't Error
The Third Circuit on Tuesday upheld the 30-year sentence of a rebel commander in Liberia's civil war during the 1990s for lying during a 2011 immigration interview for permanent residency, saying that the government's error in the charges against him is minor.