In Sadhvani v. Holder, No. 08-1684, the court faced a challenge, by a native and citizen of Togo, to the BIA’s denial of his motion to reopen his asylum application in light of William v. Gonzalez, 499 F.3d 329 (4th Cir. 2007).
As stated in the decision: “In William I, we held that the regulation promulgated by [...]
In US v. Stearn, No. 08-3230, the court faced a challenge to the district court’s order granting in part motions to suppress evidence following a grand jury’s indictment of defendants for federal narcotic and weapons offenses.
In reversing the district court’s judgment in its entirety, the court held that the magistrate judge had a substantial basis [...]
In Byers v. Intuit, Inc., No. 09-1997, the Third Circuit faced a challenge to the district court’s dismissal of plaintiffs’ suit against Free File Alliance (FFA) and its members claiming violations of the Independent Offices Appropriations Act (IOAA) for charging fees in exchange for providing e-filing services, as well as a claim under section 1 [...]
In Real v. Shannon, No. 07-4532, the Third Circuit faced a challenge to the district court’s denial of defendant’s petition for a writ of habeas corpus.
As stated in the decision: “The information stated that B.B.’s rape occurred “on or about December 1996.” “Where ‘on or about’ language is used, the government is not required [...]
In US v. Cheeseman, No. 09-1756, the Third Circuit faced a challenge to a conviction for violating 18 U.S.C. section 922(g)(3), criminalizing possession of firearms and ammunition by an unlawful user or an addict of a controlled substance.
The defendant argued that the district court’s judgment ordering asset forfeiture of over 600 firearms and ammunition was [...]
In a prosecution of defendant for child pornography the Third Circuit in US v. Tracey, No. 08-3290, faced a government’s challenge to the district court’s grant of motion to suppress evidence seized and statement made during a search conducted pursuant to a warrant.
First, the court rejected the government’s argument that the warrant’s lack of particularity [...]
In US v. Brown, No. 04-4164, the Third Circuit faced a challenge to the conviction and sentence of a former Chief Legal Counsel to Rite Aid, Franklin Brown, for accounting fraud, filing false statements with the SEC, and other crimes.
In affirming defendant’s conviction, the court rejected the claim that the district court abused its discretion [...]
In Rite Aid of Pennsylvania, Inc. v. United Food & Commercial Workers Union, No. 09-1989, the U.S. Court of Appeals for the Third Circuit addressed the issue of whether the parties had agreed to arbitrate a labor dispute under the parties’ collective bargaining agreement (CBA).
As stated in the decision: “In 2007 Rite Aid acquired a [...]
In plaintiffs’ ERISA action challenging an amendment to their welfare plan as an unlawful cutback of their accrued benefits under their pension plan, the judgment of the district court in favor of the plaintiffs is affirmed as the amendment violated the ERISA’s Anti-Cutback rule, 29 U.S.C. section 1054(g), by constructively amending the pension plan in [...]
In a prosecution of defendant for possession of child pornography and marijuana wherein he was sentenced to thirty months’ imprisonment and a lifetime term of supervised release, the district court’s imposition of eight special conditions of supervised release is vacated and remanded as a lifetime limitation on internet use is a greater restraint of liberty [...]