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Little Sisters of the Poor, a Roman Catholic congregation serving the elderly poor of all backgrounds, operates homes for the elderly, all of which adhere to the same religious beliefs. A religious nonprofit corporation that operates a Little Sisters home in Pittsburgh sought to intervene in litigation challenging regulations promulgated under the Patient Protection and Affordable Care Act, 42 U.S.C. 300gg-13(a)(4). That litigation was instituted by the Commonwealth of Pennsylvania, challenging interim final rules, providing for “religious” and “moral “ exemptions to the Act's "contraceptive mandate" for “entities, and individuals, with sincerely held religious beliefs objecting to contraceptive or sterilization coverage,” including “for-profit entities that are not closely-held.” The Third Circuit reversed the denial of their motion. Little Sisters’ interest in the regulations is neither novel nor isolated; it has been involved in Affordable Care Act litigation for years. Little Sisters’ interest in preserving the religious exemption is concrete and capable of definition; the relationships among the organization's various homes indicate a unique interest compared to other religious objectors who might wish to intervene. Those interests are significantly protectable. Little Sisters have demonstrated that they may be “practically disadvantaged by the disposition of the action” and have established that their interests are not adequately represented by the federal government. View "Commonwealth of Pennsylvania v. President United States" on Justia Law

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In 2015, former Virgin Islands Senator James was charged with wire fraud, 18 U.S.C. 1343, and federal programs embezzlement, 18 U.S.C. 666(a)(1)(A), stemming from his use of legislative funds to ostensibly obtain historical documents from Denmark related to the Fireburn, an 1878 St. Croix uprising. The indictment specified: obtaining cash advances from the Legislature but retaining a portion of those funds for his personal use; double-billing for expenses for which he had already received a cash advance; submitting invoices and receiving funds for translation work that was never done; and submitting invoices and receiving funds for translation work that was completed before his election to the Legislature. James, who argued that he was engaged in legislative fact-finding, moved to dismiss the indictment on legislative immunity grounds. The district court denied the motion, stating that James’ actions were not legislative acts worthy of statutory protection under the Organic Act of the Virgin Islands. The Third Circuit affirmed. Under 48 U.S.C. 1572(d) legislators are protected from being “held to answer before any tribunal other than the legislature for any speech or debate in the legislature." The conduct underlying the government’s allegations concerning James is clearly not legislative conduct protected by section 1572(d). View "United States v. James" on Justia Law

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In 2015, former Virgin Islands Senator James was charged with wire fraud, 18 U.S.C. 1343, and federal programs embezzlement, 18 U.S.C. 666(a)(1)(A), stemming from his use of legislative funds to ostensibly obtain historical documents from Denmark related to the Fireburn, an 1878 St. Croix uprising. The indictment specified: obtaining cash advances from the Legislature but retaining a portion of those funds for his personal use; double-billing for expenses for which he had already received a cash advance; submitting invoices and receiving funds for translation work that was never done; and submitting invoices and receiving funds for translation work that was completed before his election to the Legislature. James, who argued that he was engaged in legislative fact-finding, moved to dismiss the indictment on legislative immunity grounds. The district court denied the motion, stating that James’ actions were not legislative acts worthy of statutory protection under the Organic Act of the Virgin Islands. The Third Circuit affirmed. Under 48 U.S.C. 1572(d) legislators are protected from being “held to answer before any tribunal other than the legislature for any speech or debate in the legislature." The conduct underlying the government’s allegations concerning James is clearly not legislative conduct protected by section 1572(d). View "United States v. James" on Justia Law

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GBForefront, a limited partnership, sued FMG, an LLC, alleging diversity jurisdiction (28 U.S.C. 1332) because GBForefront’s general partner was an LLC whose sole member was a “resident” of Pennsylvania; none of FMG’s members were Pennsylvania residents. Years later, GBForefront accepted an offer of judgment. The district court entered judgment. Problems arose with satisfaction of the judgment; the parties submitted a joint motion to amend the judgment to effectuate a new agreement, which the court granted. GBForefront soon alleged default and moved for entry of a consent judgment under the new agreement. Defendants then cross-moved to dismiss the case for lack of subject matter jurisdiction, claiming that GBForefront had not adequately pled the citizenship of FMG and that complete diversity was lacking when the lawsuit was filed. The Supreme Court then issued its opinion in Americold Realty, dealing with the citizenship of trusts. The district court then dismissed, finding that the membership of GBForefront included trusts whose beneficiaries were New Jersey citizens and FMG also had a member who was a New Jersey citizen. Abrogating its own precedent, the Third Circuit vacated, concluding that the citizenship of a traditional trust is based only on the citizenship of its trustee. The court remanded with instructions to determine whether the trusts are of the traditional or business variety and whether there is diversity jurisdiction. View "GBForefront LP v. Forefront Management Group LLC" on Justia Law

Posted in: Civil Procedure

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Grant was 16 years old when he committed crimes that led to his incarceration. He was convicted in 1992 under the Racketeer Influenced and Corrupt Organizations Act and for drug trafficking. The court determined that Grant would never be fit to reenter society and sentenced him to life in prison without the possibility of parole (LWOP) for the RICO convictions with a concurrent 40-year term for the drug convictions and a mandatory consecutive five-year term for a gun conviction. In 2012, the Supreme Court decided, in Miller v. Alabama, that only incorrigible juvenile homicide offenders who have no capacity to reform may be sentenced to LWOP and that all non-incorrigible juvenile offenders are entitled to a “meaningful opportunity to obtain release based on demonstrated maturity and rehabilitation.” The court resentenced Grant to a term of 65 years without parole. Grant argued that the sentence constitutes de facto LWOP. The Third Circuit vacated Grant’s sentence. A sentence that either meets or exceeds a non-incorrigible juvenile offender’s life expectancy violates the Eighth Amendment; courts must hold evidentiary hearings to determine the non-incorrigible juvenile offender’s life expectancy and must consider as sentencing factors his life expectancy and the national age of retirement, with the section 3553(a) factors, to properly structure a meaningful opportunity for release. View "United States v. Grant" on Justia Law

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Moreno, a 49-year-old citizen of Argentina, was admitted to the U.S. under a grant of humanitarian parole in 1980. In 2015, Moreno pleaded guilty to one count of possession of child pornography under Pennsylvania’s “Sexual abuse of children” statute and was sentenced to five years of probation and required to register as a sex offender. DHS initiated removal proceedings in 2016, charging Moreno as removable for having been convicted of a crime involving moral turpitude under 8 U.S.C. 1182(a)(2)(A)(i)(I). The Immigration Judge ordered him removed; the Board of Immigration Appeals rejected Moreno’s appeal. The Third Circuit denied his petition for review, rejecting Moreno’s argument that, under the categorical approach, the least culpable conduct hypothetically necessary to sustain a conviction under the statute of his conviction is not morally turpitudinous. Pennsylvania’s Pennsylvania’s community consensus, as gauged by case law and legislative enactments, condemns the least culpable conduct punishable under the statute as morally turpitudinous. View "Moreno v. Attorney General United States" on Justia Law

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In 2004, after traveling from Venezuela to Paulsboro, New Jersey, Frescati’s single-hulled oil tanker, Athos, came within 900 feet of its intended berth and struck an abandoned anchor in the Delaware River, causing 264,000 gallons of crude oil to spill. The shipment was intended for CARCO. Frescati paid $143 million for the cleanup and was reimbursed $88 million by the government, under the Oil Pollution Act (OPA), 33 U.S.C. 2701. The Third Circuit held that Frescati was a third-party beneficiary of CARCO’s warranty that CARCO’s berth would be safe if the ship had a draft of 37 feet or less and that CARCO had an unspecified tort duty of care. On remand, the district court held that CARCO was liable to Frescati and the government as Frescati’s subrogee, for breach of contract because the Athos had a draft of 36′7″ and exercised good seamanship; CARCO had a duty to use sonar to locate unknown obstructions in the berth approach and to remove obstructions or warn invited ships. CARCO argued that the conduct of the Coast Guard, NOAA, and the Army Corps of Engineers misled CARCO into believing that the government was maintaining the anchorage. The court awarded Frescati $55,497,375.958 for breach of contract and negligence, plus prejudgment interest. The government, after the court’s 50% reduction, was awarded $43,994,578.66 on its subrogated breach of contract claim. The Third Circuit affirmed in favor of Frescati on the breach of contract claim but vacated as to negligence. The court affirmed the government’s judgment with respect to its subrogated breach of contract claim but, because CARCO’s equitable recoupment defense failed, remanded for recalculation of damages and prejudgment interest. View "Frescati Shipping Co., Ltd. v. Citgo Asphalt Refining Co." on Justia Law

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In 2004, after traveling from Venezuela to Paulsboro, New Jersey, Frescati’s single-hulled oil tanker, Athos, came within 900 feet of its intended berth and struck an abandoned anchor in the Delaware River, causing 264,000 gallons of crude oil to spill. The shipment was intended for CARCO. Frescati paid $143 million for the cleanup and was reimbursed $88 million by the government, under the Oil Pollution Act (OPA), 33 U.S.C. 2701. The Third Circuit held that Frescati was a third-party beneficiary of CARCO’s warranty that CARCO’s berth would be safe if the ship had a draft of 37 feet or less and that CARCO had an unspecified tort duty of care. On remand, the district court held that CARCO was liable to Frescati and the government as Frescati’s subrogee, for breach of contract because the Athos had a draft of 36′7″ and exercised good seamanship; CARCO had a duty to use sonar to locate unknown obstructions in the berth approach and to remove obstructions or warn invited ships. CARCO argued that the conduct of the Coast Guard, NOAA, and the Army Corps of Engineers misled CARCO into believing that the government was maintaining the anchorage. The court awarded Frescati $55,497,375.958 for breach of contract and negligence, plus prejudgment interest. The government, after the court’s 50% reduction, was awarded $43,994,578.66 on its subrogated breach of contract claim. The Third Circuit affirmed in favor of Frescati on the breach of contract claim but vacated as to negligence. The court affirmed the government’s judgment with respect to its subrogated breach of contract claim but, because CARCO’s equitable recoupment defense failed, remanded for recalculation of damages and prejudgment interest. View "Frescati Shipping Co., Ltd. v. Citgo Asphalt Refining Co." on Justia Law

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Philadelphia taxicabs were required to have a medallion and a certificate of public convenience, which required that vehicles be insured and in proper condition, and mandated that drivers be paid the prevailing minimum wage, be proficient in English, and have appropriate drivers’ licenses. In 2014, 1610 medallions were each worth about $545,000. Uber began operating in Philadelphia without securing medallions or certificates, providing an app to schedule and pay for a ride. Uber does not own or assume responsibility for the vehicles, nor does it hire drivers. A 2016 Pennsylvania law approved Transportation Network Companies (TNCs) using digital apps. TNCs must obtain licenses and comply with insurance and safety standards but set their own fares. Medallion taxicab companies comply with established rates, minimum wages, and have a limited number of vehicles. Nearly 1200 Philadelphia medallion taxicab drivers left their companies to drive for Uber. Medallion taxi rides reduced by about 30 percent. The value of each medallion dropped to approximately $80,000. Taxicab drivers sued under the Sherman Act, 15 U.S.C. 2. The Third Circuit affirmed the dismissal of the complaint. Inundating the market with Uber vehicles, even if it eliminated competitors, was not anticompetitive; it bolstered competition by offering customers lower prices, more availability, and a high-tech alternative to customary practices. Uber’s ability to operate at a lower cost is not anticompetitive. Uber’s business model does not reflect specific intent to monopolize. Plaintiffs also failed to allege antitrust standing. View "Philadelphia Taxi Association, Inc. v. Uber Technologies Inc" on Justia Law

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.In 1990, 19-year-old Bennett was sitting in the passenger seat of a getaway car when his conspirator entered a jewelry store to commit a robbery, shooting the clerk and killing her. Bennett was convicted of first-degree murder. After a capital sentencing hearing, the jury returned a sentence of life imprisonment without the possibility of parole. Two state courts later vacated Bennett’s first-degree murder conviction, finding that the trial court erroneously instructed the jury that it could convict Bennett of first-degree murder based on the shooter’s intent to kill. The Pennsylvania Supreme Court reversed, reinstating the conviction. The Third Circuit granted Bennett’s federal habeas corpus petition, finding that the trial court’s erroneous jury instructions deprived him of due process of law. The court analyzed the issue de novo, concluding that Bennett’s due process claim was not adjudicated on the merits in state court. Due process is violated when a jury instruction relieves the government of its burden of proving every element beyond a reasonable doubt. There is “‘a reasonable likelihood’ that the jury at Bennett’s trial applied the instructions in a way that relieved the state of its burden of proving the specific intent to kill. View "Bennett v. Superintendent Graterford SCI" on Justia Law