Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

A lawful permanent resident of the U.S. and a citizen of Zimbabwe, Nkomo was convicted of conspiracy to commit wire fraud, 18 U.S.C. 1342; 1349, an “aggravated felony,” which made Nkomo removable and ineligible for most relief. About a month after she was sentenced to time served for that offense, the government initiated removal proceedings. The Board of Immigration Appeals found Nkomo ineligible for withholding because her wire fraud conviction was for a “particularly serious crime,” 8 U.S.C. 1231(b)(3)(B)(ii). Denying Convention Against Torture protection, the Board found that Nkomo had not shown a probability she would be tortured by or with the acquiescence of the government of Zimbabwe. The Third Circuit rejected her petition for review, first distinguishing the Supreme Court's 2018 "Pereira" decision and holding that the failure of the notice to appear to specify the time and place of Nkomo’s initial removal hearing did not deprive the immigration judge of jurisdiction over the removal proceedings. Nkomo appeared and participated in, her removal hearing. Nkomo’s argument would invalidate scores of removal orders and grants of relief without requiring the alien to allege she lacked sufficient notice of her hearing. The court rejected her claim for withholding of removal and noted that it lacked jurisdiction over the CAT claim. View "Nkomo v. Attorney General United States" on Justia Law

Police officers kicked down doors of a Camden, New Jersey residence. Hours earlier, Forrest had finished work for a contractor across the street. He went to the residence to speak with acquaintances and was inside, waiting for a cab. According to Forrest, the officers beat threatened him, then took Forrest to the hospital. In the police report, Officer Parry wrote that he had observed Forrest engaging in a hand-to-hand drug transaction, that Forrest initiated the physical altercation with officers, and that Forrest was in possession of 49 bags of a controlled substance.Forrest filed an Internal Affairs complaint in July 2008 but had no response. Forrest pleaded guilty to possession with intent and served 18 months. He was released when Parry admitted that he had falsified the police report. Three officers pleaded guilty to conspiracy to deprive individuals of their civil rights, disrupting over 200 criminal cases. Forrest’s suit under 42 U.S.C. 1983, 1985 was among 89 lawsuits against Camden. Forrest opted out of a global settlement. The district court unilaterally divided Forrest’s municipal liability claim into three theories: failure to supervise through Internal Affairs, failure to supervise, and failure to train. The court associated certain evidence to only the first theory, granted Camden summary judgment on the failure to supervise and train theories, excluded evidence that was material to the remaining theory, and “effectively awarded summary judgment on the state law negligent supervision claim.” The jury instructions confused the relevant law. The Third Circuit vacated. The artificial line, drawn by the district court, between what were ostensibly theories with largely overlapping evidence resulted in erroneous rulings as to what was relevant, and instructions as to what law the jury was to apply. View "Forrest v. Parry" on Justia Law

Payano, a citizen of the Dominican Republic, came to the U.S. legally at age 12. In 1998, at age 18, he pleaded guilty to first-degree possession of a controlled substance. In 2001, after completing his sentence, he was removed. Payano illegally reentered the U.S. in 2012. During a 2017 Pennsylvania traffic stop, the trooper found a kilogram of cocaine hidden in Payano's vehicle. Payano was charged with illegal reentry and possession with intent to distribute 500 grams or more of cocaine. The district court agreed that the drugs were the fruit of an unconstitutional search. The government dismissed the drug charge. Payano pleaded guilty to illegal reentry.Because Payano’s 1998 conviction was for drug possession, not drug distribution, it was a felony under federal law, not an aggravated felony. Payano’s plea was under 8 U.S.C. 1326(b)(1), which carries a maximum sentence of 10 years. The PSR calculated the Guidelines range as 24-30 months’ imprisonment and correctly listed the statutory maximum, but cited 1326(b)(2) (illegal reentry following an aggravated felony with a 20-year maximum). The government sought an upward variance because Payano had been “convicted of an aggravated felony" and had the court “correct” the PSR to reflect that Payano had pleaded guilty to “aggravated reentry.” Payano’s counsel agreed. The court imposed a four-year sentence. The Third Circuit vacated, agreeing that there was error but declining to extend the “Molina-Martinez“ presumption of prejudice because a mistaken understanding about the applicable statutory range, without more, has far less bearing on the actual sentence than a Guidelines-calculation error. The error did affect Payano’s substantial rights and without correction would seriously affect the fairness, integrity, or public reputation of judicial proceedings. View "United States v. Payano" on Justia Law

GN and Plantronics manufacture telephone headsets, selling the headsets to customers through distributors. Under the voluntary Plantronics-Only Distributor (POD) program, distributors receive incentives such as favorable credit terms, rebates, and website support in exchange for not purchasing headsets directly from other manufacturers and not marketing competitors’ products on resellers’ websites. GN sent Plantronics a demand letter and filed suit in 2012, alleging that Plantronics’ POD program constituted monopolization.Plantronics issued a litigation hold to relevant employees, provided training sessions to ensure compliance, and sent quarterly reminders requiring acknowledgment of compliance. Plantronics’ Senior Vice President of Sales, Houston, nonetheless instructed employees to delete emails that referenced Plantronics’ competitive practices or its competitors. In 2014, Plantronics’ Associate General Counsel learned of Houston’s conduct, instituted a litigation hold on Houston’s assistant, and requested back-up tapes of Houston’s email account. Plantronics engaged its discovery vendor and a leading forensics expert to try to recover Houston’s emails. Some were recovered. The spoliation, however, continued. Plantronics did not complete its recovery efforts and destroyed the back-up tapes. During depositions, Plantronics executives were evasive. GN moved for a default liability judgment in light of the spoliation.The district court found that Plantronics acted in “bad faith” with an “intent to deprive GN” but denied the motion and issued a permissive adverse inference instruction to the jury, fined Plantronics three million dollars, and ordered it to pay GN’s spoliation-related fees. GN subsequently unsuccessfully sought to present evidence of spoliation. The jury returned a verdict in favor of Plantronics. The Third Circuit reversed in part and remanded for a new trial, after upholding the denial of the motion for default judgment. The court committed reversible error when it excluded GN’s expert testimony on the scope of Plantronics’ spoliation. View "GN Netcom Inc. v. Plantronics Inc." on Justia Law

In 1993, three men broke into the Connor home. Connor and Ezekiel returned during the break-in; Ezekiel was shot and killed. The intruders fled. Roach was arrested and charged with first-degree murder under Virgin Islands law and unlawful flight to avoid prosecution under federal law. He testified that he did not commit the crime and did not know a possible co-conspirator, Simon. Roach was convicted. Simon was later arrested. The Virgin Islands charged him with burglary, conspiracy, and first-degree premeditated murder. One week before trial, it moved to amend to charge felony-murder, robbery, and conspiracy to commit robbery. Simon’s attorney unsuccessfully objected. Two days before trial, the court again permitted an amendment. At trial, the government presented Roach as its key witness. Roach indicated that Simon orchestrated the burglary and shot Ezekiel. The U.S. Attorney’s Office filed a stipulation to vacate and reduce Roach’s conviction to second-degree murder. The Third Circuit remanded the denial of Simon’s habeas petition. The Superior Court abused its discretion in declining to conduct an evidentiary hearing to address Simon’s claim that the government violated its Brady obligations by failing to disclose a prior agreement with Roach. The Appellate Division erred in dismissing Simon’s claim that his trial counsel was ineffective without remanding for an evidentiary hearing. Simon presented facts that, if true, tend to show his counsel had a conflict of interest by representing a co-conspirator at the time of his trial. View "Simon v. Government of the Virgin Islands" on Justia Law

Beginning in 2001, Ford received complaints from F-Series vehicle purchasers, relating to the fuel tanks. The problems were clustered in certain regions. Ford suspected that unique qualities in regional fuel supplies, particularly excessive concentrations of biodiesel, were causing delamination. In 2007, Ford released an improved tank coating. Ford’s warranty claims decreased, but some reports of delamination persisted. By 2010, Ford believed that the cause was not biodiesel but was acids found in fuel samples from service stations near a dealer that encountered numerous delamination complaints. Coba purchased two 2006 F-350 dump trucks for his landscaping business. By 2009, both trucks exhibited delamination. Ford's dealership replaced the tanks and filters in both trucks at no cost to Coba. Coba continued to have the same problems, even after the warranties expired. Coba filed a class-action, asserting breach of Ford’s New Vehicle Limited Warranty (NVLW), violation of the New Jersey Consumer Fraud Act (NJCFA), and breach of the duty of good faith and fair dealing. The Third Circuit affirmed summary judgment in favor of Ford. The denial of class certification did not divest the district court of jurisdiction, although jurisdiction was predicated on the Class Action Fairness Act, 28 U.S.C. 1332(d).The NVLW, which covered defects in “materials or workmanship” did not extend to design defects, such as alleged by Coba, which also negated his breach of the implied covenant of good faith and fair dealing claims. The evidence of Ford’s knowledge of the alleged defect did not create a triable NJCFA issue. View "Coba v. Ford Motor Co." on Justia Law

Santarelli was convicted of multiple crimes, including mail fraud, wire fraud, and conspiracy to commit mail fraud and wire fraud, and was sentenced to 70 months of imprisonment. The Third Circuit affirmed. Santarelli’s conviction became final on December 12, 2014. On November 30, 2015, Santarelli timely sought habeas relief, 28 U.S.C. 2255, alleging ineffective assistance of trial and appellate counsel in a combined 130 ways, In August 2016, Santarelli sought to amend her initial habeas petition to “include” in the “multiple grounds and constitutional violations . . . that specifically relate to enhancements, sentencing[,] and [S]entencing [G]uidelines.” The district court denied the motion as “time-barred” because the new allegations did not “relate back” to the initial habeas petition pursuant to FRCP 15(c). The court also denied Santarelli’s habeas petition on the merits. The Third Circuit denied a certificate of appealability with respect to the denial of Santarelli’s initial habeas petition on the merits but held that the allegations contained in Santarelli’s Motion to Amend “relate back” to the date of her initial habeas petition under Rule 15(c) and that her Subsequent Petition is not a “second or successive” habeas petition under 28 U.S.C. 2244 and 2255(h). The court remanded for the district court to consider the merits of her initial habeas petition as amended. View "United States v. Santarelli" on Justia Law

Spartan, which operated on St. Croix, sought to displace Heavy Materials as the sole provider of ready-mix concrete on St. Thomas. Upon entering the St. Thomas market, Spartan started a price war that caused financial losses to Spartan while Heavy Materials retained its dominant position. After three years of fierce competition, the companies reached a truce: Spartan agreed to sell on St. Croix while Heavy Materials would keep selling on St. Thomas. Spartan then sued Argos, a bulk cement vendor, alleging violations of the Robinson-Patman Act, 15 U.S.C. 13(a), by giving Heavy Materials a 10 percent volume discount during the price war. The district court entered judgment for Argos and denied Spartan leave to amend its complaint to include two tort claims, finding undue delay and prejudice. The Third Circuit affirmed. Although Argos gave Heavy Materials alone a 10 percent volume discount on concrete, Spartan presented no evidence linking this discount to its inability to compete in the St. Thomas market. Spartan did compete with Heavy Materials for three years and not only lowered its retail prices, but also began a price war and achieved a nearly 30 percent share of the St. Thomas retail ready-mix concrete market. View "Spartan Concrete Products LLC v. Argos USVI Corp." on Justia Law

Oberdorf walked her dog with a retractable leash. Unexpectedly, the dog lunged. The D-ring on the collar broke and the leash recoiled and hit Oberdorf’s face and eyeglasses, leaving Oberdorf permanently blind in her left eye. Oberdorf bought the collar on Amazon.com. She sued Amazon.com, including claims for strict products liability and negligence. The district court found that, under Pennsylvania law, Amazon was not liable for Oberdorf’s injuries. A third-party vendor, not Amazon itself, had listed the collar on Amazon’s online marketplace and shipped the collar directly to Oberdorf. The court found that Amazon was not a “seller” under Pennsylvania law and that Oberdorf’s claims were barred by the Communications Decency Act (CDA) because she sought to hold Amazon liable for its role as the online publisher of third-party content. The Third Circuit vacated and remanded. Amazon is a “seller” under section 402A of the Second Restatement of Torts and thus subject to the Pennsylvania strict products liability law. Amazon’s involvement in transactions extends beyond a mere editorial function; it plays a large role in the actual sales process. Oberdorf’s claims against Amazon are not barred by section 230 of the CDA except as they rely upon a “failure to warn” theory of liability. The court affirmed the dismissal under the CDA of the failure to warn claims. View "Oberdorf v. Amazon.com Inc" on Justia Law

Nunez was indicted for passport fraud, making a false representation of U.S. citizenship, using a false social security number, and producing a state driver’s license not issued for her use. Nunez was detained under the Bail Reform Act (BRA), 18 U.S.C. 3142(d), which permits the 10-day pretrial detention of non-citizens who may pose a flight risk or danger so ICE may take them into custody. ICE lodged a detainer. Twelve days later, a different magistrate arraigned Nunez, denied the government’s motion for pretrial detention, and set conditions for her release. The district court upheld the order. ICE then executed its detainer, taking Nunez into custody for her removal proceedings. While in ICE custody, Nunez unsuccessfully moved to dismiss her indictment or obtain release, arguing that section 3142(d) gives the government “the choice of [either] taking the Defendant into [ICE] custody during the ten-day period and proceeding with removal or continuing with the criminal prosecution in which case the BRA controls.” The court held that 8 U.S.C. 1226(a)(1) allowed ICE to detain Nunez during the pendency of removal proceedings notwithstanding the criminal action; her detention did not conflict with the BRA. The Third Circuit dismissed an appeal of the ruling denying the request to dismiss the indictment, which was not a final ruling. The court affirmed the denial of Nunez’s claim that her BRA release order foreclosed her ICE detention. View "United States v. Nunez" on Justia Law