Stilp v. Contino, 09-3016, concerned a government watchdog’s section 1983 suit, challenging the constitutionality of a statute mandating confidentiality in proceedings before the State Ethics Commission. In affirming the district court’s grant of a preliminary injunction enjoining enforcement of the statute, the court held that section 1108(k), to the extent it prohibits a complainant from disclosing [...]
Stilp v. Contino, 09-3016, concerned a government watchdog’s section 1983 suit, challenging the constitutionality of a statute mandating confidentiality in proceedings before the State Ethics Commission. In affirming the district court’s grant of a preliminary injunction enjoining enforcement of the statute, the court held that section 1108(k), to the extent it prohibits a complainant from disclosing [...]
Forestal Guarani S.A. v. Daros Int’l, Inc., 08-4488, concerned a challenge to the district court’s grant of defendant’s motion for summary judgment in an Argentinian corporation’s breach of contract suit against a New Jersey corporation under the United Nations Convention on Contracts for the International Sale of Goods.
In vacating the judgment and remanding the matter, [...]
US v. Gatlin, 09-2793, concerned a challenge to a defendant’s conviction for possession of a firearm by a felon in violation of 18 U.S.C. sections 922(g)(1) and 924(e)(1). In affirming the conviction, the cour theld tha the district court did not err in denying defendant’s motion to suppress the gun as both a stop and [...]
US v. Lee, 08-4427, concerned a challenge to a defendant’s conviction for being a felon in possession of a firearm and sentence as a career offender to 120 months’ imprisonment. The court affirmed the judgment of the district court for the most part but vacated and remanded the sentence for resentencing.
In affirming in part, the [...]
Sullivan v. DB Inv. Inc., 08-2784, concerned a challenge to the district court’s certification of two putative classes and an order overruling objections to the settlement fund of $295 million in plaintiffs’ suit under sections 1 and 2 of the Sherman Act, and under the antitrust, consumer protection and unjust enrichment laws of all fifty [...]
US v. Mercado, No. 09-2681, concerned a challenge to the district court’s denial of defendant’s motion for judgment of acquittal for drug related convictions. In affirming the conviction, the court held that there was sufficient evidence for a jury to find defendant guilty of aiding and abetting the possession with intent to distribute heroin beyond [...]
In Pichardo v. Virgin Islands Comm’r of Labor, 08-4259, the Third circuit granted a petition for a writ of certiorari, and affirmed the decision of the newly-created Supreme Court of the Virgin Islands, in plaintiff’s suit against her former employer for wrongful termination. The court first held that the degree of deference afforded to a [...]
Sabinsa Corp. v. Creative Compounds, LLC, 08-3255, concerned a challenge to the district court’s judgment in favor of the defendant, finding that there was no likelihood of confusion between plaintiff’s mark, ForsLean, and defendant’s mark, Forsthin, both of which refer to an extract used in weight control products, in plaintiff’s suit for trademark infringement and [...]
Dwumaah v. Attorney General, 09-4140, concerned a petition for review, by a citizen of Ghana, of a final order of removal by the BIA. In denying the petition, the court held that substantial evidence supports the finding that DHS met its burden of proving that the petitioner falsely claimed citizenship on at least two occasions in connection with [...]