U.S. Court of Appeals for the Third Circuit
6 published articles from this court.
The panel affirmed in part, denied cross-appeals, and remanded after finding no due-process violation in the detective's charges and reducing a $250,000 punitive award against the officer to $12,000 based on the 4:1 ratio marker.
The court affirmed judgment for RTI Restoration Technologies and Industrial Maintenance Industries, holding that a pension fund’s duty to issue a withdrawal-liability notice and demand “as soon as practicable” is an element of its claim that a court may decide without prior arbitration.
Over the dissent of five judges, the full court leaves in place a panel ruling that the Equal Access to Justice Act waives sovereign immunity for attorney fees in habeas challenges to immigration detention, with dissenting judges warning the decision conflicts with circuit precedent and invites abuse.
A Third Circuit panel said Dr. Norman Wang can press key defamation and retaliation claims over the fallout from his article criticizing race-conscious policies in medical training.
The appeals court said Robert Lynn failed to show that Bank of New York Mellon’s stated reasons for eliminating his role masked race discrimination or retaliation.
The Third Circuit said a firearm with one illegible serial number can trigger a four-level Guidelines enhancement even if another serial number on the gun remains readable.