U.S. Court of Appeals for the Third Circuit
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Court: 26 years in solitary for death row inmate was cruel and unusual
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled in favor of a death row inmate who alleged that his being kept in solitary confinement, despite facing severe mental health issues, constituted cruel and unusual punishment – and has remanded his case to a lower federal court for further consideration. -
Third Circuit rules NLRB orders on scrap metal company's alleged labor violations will be enforced
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled in favor of the National Labor Relations Board, which had been seeking enforcement of two orders related to its prior findings of unfair labor practices by United Scrap Metal PA, LLC. -
TikTok to face suit after 10-year-old dies doing 'Blackout Challenge'
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reinstated a Chester woman’s wrongful death lawsuit against social media app TikTok, filed after her 10-year-old daughter died in December 2021 due to attempting a “Blackout Challenge” and which had been previously dismissed by a lower court federal judge. -
Should convicted murderer ever get to have sex with his wife? Court says Pennsylvania hasn't shown why not
PHILADELPHIA (Legal Newsline) - A Muslim man's decade-long quest to have sex with his wife has been given a small measure of new life by a federal appeals court that says Pennsylvania must prove it would be a bad idea. -
Third Circuit finds Dickinson College properly investigated student’s sexual assault, dismisses Title IX suit
PHILADELPHIA – A federal appellate court has upheld a lower court’s decision to grant summary judgment to Dickinson College, finding that the school did not violate Title IX in its investigation of a student’s sexual assault complaint. -
Circuit split: Third says Roundup weedkiller doesn't need Pa. cancer warning
PHILADELPHIA – A federal appellate court’s concurrence with the makers of weedkiller Roundup, in opining that federal law preempts Pennsylvania law requiring Monsanto include a cancer warning on its label, sets up a possible review by the Supreme Court to resolve a circuit split. -
Death of neglected, abused 12-year-old boy isn't Lebanon County's fault
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed dismissal of a wrongful death lawsuit brought against Lebanon County, the murderers of a 12-year-old boy and other entities the plaintiff believed did not do enough to prevent the death of her son. -
Trial on horizon for Philly prosecutor who refused COVID vaccine on religious grounds
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reinstated a religious discrimination lawsuit brought by a former prosecutor, concerning a COVID-19 vaccine mandate at the Philadelphia District Attorney’s Office. -
Third Circuit vacates summary judgment ruling in pregnancy discrimination suit versus Pa. Board of Probation and Parole
PHILADELPHIA – A federal appeals court has issued a partial ruling and remanded a case where a woman working for the Pennsylvania Board of Probation and Parole claimed she faced pregnancy discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act. -
Third Circuit declares Borough of Camp Hill's regulations on lawn signs are unconstitutional
PHILADELPHIA – A federal appellate court has decreed that the Borough of Camp Hill’s regulations on lawn signs related to personal expression – and often, politics – are unconstitutional. -
SCI-Benner Township officials immune after pepper spray causes inmate to have an asthma attack
PHILADELPHIA – A federal appellate court has upheld a lower court’s decision to grant qualified immunity to corrections officials accused of deliberate indifference by an inmate at SCI-Benner Township, who suffered an asthma attack when those officials pepper sprayed another nearby inmate. -
Third Circuit says undated mail-in ballots may be thrown out, overturns Pa. lower court ruling
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has overturned a lower court ruling which had decided that undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania, after the Republican Party’s state and national wings appealed the initial ruling – a decision likely to head to the U.S. Supreme Court on appeal and have tremendous import in November’s presidential election, which will once again see the Keystone State as a battleground. -
CFPB defeats challenges, free to take on student loan trusts
PHILADELPHIA (Legal Newsline) - A federal appeals court will not stand in the way of the Consumer Financial Protection Bureau as it targets student loan trusts. -
Third Circuit dismisses Meadville police officer's appeal within man's wrongful arrest lawsuit
PHILADELPHIA – A federal appellate court has dismissed an interlocutory appeal from a Meadville police officer filed within an underlying suit brought by a former Allegheny College student, who had been wrongfully accused of a barroom assault by Meadville law enforcement. -
Third Circuit upholds terrorism sentencing enhancement for ISIS-affiliated potential church bomber
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a terrorism-based sentencing enhancement, in the criminal case of an ISIS supporter who was arrested in June 2019 for planning to bomb a Nigerian-American church in Pittsburgh. -
Third Circuit sends privacy class action against Penn Medicine back to state court
PHILADELPHIA – A federal appellate court has ruled that a class action case alleging the University of Pennsylvania Health System violated a Pennsylvania privacy law by installing a Facebook Pixel on its patient portal – allowing the social media company to access personal health information of its users – will be heard in state court. -
Bucks County man who challenged Educator Discipline Act appeals to Third Circuit
PHILADELPHIA – A Bucks County man granted a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act – a statute which he felt criminalized the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education – is appealing the denial of his motion for summary judgment against the state attorney general to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit will not reinstate suits over collection of post-employment union dues
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently refused to reinstate a trio of federal court cases lodged against American Federation of State County and Municipal Employees and the Service Employees International Union local groups, over collection of dues from their members after their employment ended. -
Colorado man who said his Pa. property was demolished without him knowing, appeals to Third Circuit
SCRANTON – A Colorado man who contended that a piece of mixed-use property he owned in Pittston was illegally demolished without the responsible authorities serving him notice, and who lost his case in federal court, has appealed to the U.S. Court of Appeals for the Third Circuit. -
Appeal of Pa. judge’s ruling which OK’d counting undated mail-in ballots headed to Third Circuit
ERIE – After a federal judge recently decided that undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania – a decision to have tremendous import in next year’s presidential election, which will once again likely see the Keystone State as a battleground – the Republican Party’s state and national wings have appealed that decision.