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

McClure-Potts contacted police about Samarin, who entered the U.S. without inspection from Ukraine. McClure-Potts claimed she was trying to adopt Samarin, who was 19 years old and that Samarin had been “speaking of Hitler against the Jews” and might have stolen a rifle. McClure-Potts provided a birth certificate indicating that Samarin was born in 1992. Police discovered that McClure-Potts had previously filed runaway reports regarding a minor son (Asher) apparently born in 1997; Samarin was posing as Asher and attending high school. The school provided a sworn statement from McClure-Potts that Samarin was born in 1997, with applications for free/reduced lunch and health benefits. Samarin claimed that he had moved in with McClure-Potts, then was told to cut ties with his family and surrender his money and his identification documents. He was forced to do household work. McClure-Potts obtained a Social Security card for "Asher," and used it to procure $7,336 in income tax credits and $13,653.28 in nutritional and health benefits. McClure-Potts was charged with Social Security Fraud, 42 U.S.C. 408(a)(6); Harboring an Illegal Alien, 8 U.S.C. 1324(a)(1)(A)(iii), (a)(2); and Unlawful Conduct Respecting Documents in Furtherance of Forced Labor, 18 U.S.C. 1589, 1590. McClure-Potts pled guilty to the Social Security Fraud and Harboring counts. Based on the amount of loss ($20,989.28) and the court’s refusal to grant an offense level reduction due to the claim that her fraud was committed “other than for profit," she was sentenced to five months. The Third Circuit affirmed. The benefits that McClure-Potts sought and received were “payment” for her harboring Samarin. View "United States v. McClure-Potts" on Justia Law

The Natural Gas Act (NGA), 15 U.S.C. 717f(h) gives natural gas companies that hold certificates of public convenience and necessity from the Federal Energy Regulatory Commission (FERC) the power of eminent domain but does not provide for “quick take” to permit immediate possession. Transcontinental is building a natural gas pipeline through Pennsylvania, Maryland, Virginia, North Carolina, and South Carolina and needed rights of way. Transcontinental met the requirements of section 717f(h). The administrative review leading up to the certificate of public convenience and necessity lasted almost three years and included extensive outreach and public participation and an Environmental Impact Statement. Transcontinental extended written offers of compensation exceeding $3000 to each Landowner, but these offers were not accepted. The Landowners had all participated in the FERC administrative process. Transcontinental, planning to begin construction in fall 2017, filed condemnation suits The district court granted Transcontinental summary judgment, effectively giving it immediate possession, concluding that the Landowners had received “adequate due process.” The Third Circuit affirmed, rejecting an argument that granting immediate possession violated the separation of powers because eminent domain is a legislative power and the NGA did not grant “quick take.” Transcontinental properly obtained the substantive right to the property by following the statutory requirements, which are not similar to “quick take” procedures, before seeking equitable relief to obtain possession. View "Transcontinental Gas Pipe Line Co., LLC v. Permanent Easements for 2.14 Acres" on Justia Law

Sikkelee was killed when a Cessna aircraft he was piloting crashed after taking off from North Carolina's Transylvania County Airport. The aircraft had a Lycoming engine; Sikkelee's widow alleged the aircraft lost power due to a defect in the design of the engine and its carburetor. The FAA had issued Lycoming a type certificate for the engine, certifying that the design performs properly and satisfies federal regulations. Sikkelee’s widow brought strict liability and negligence claims against Lycoming, alleging design defect. The Third Circuit held that Sikkelee’s state-law claims are not barred based on the doctrine of field preemption. On remand, the district court concluded the claims were conflict-preempted and that Lycoming was entitled to summary judgment on Sikkelee’s strict liability and negligence claims based on Pennsylvania law. The court granted Lycoming summary judgment on Sikkelee’s claim that Lycoming violated 14 C.F.R. 21.3 by failing to notify the FAA of the alleged defect. The Third Circuit reversed in part, rejecting an argument that Sikkelee’s claims were conflict-preempted because FAA regulations made it impossible for Lycoming to unilaterally implement design changes Pennsylvania law allegedly would have required. Lycoming has not produced clear evidence that the FAA would not have allowed it to change the design set forth in the type certificate. Summary judgment on Sikkelee’s strict liability and negligence claims was inappropriate because there are genuine disputes of material fact concerning causation. Summary judgment was proper on the failure-to-notify-the-FAA claim. View "Sikkelee v. Precision Airmotive Corp" on Justia Law

Dr. McCann, a radiologist certified in the specialty of interventional radiology, purchased a supplemental long-term disability insurance policy from Provident. After initially issuing payments under the policy, Provident terminated Dr. McCann’s disability benefits based on a determination that Dr. McCann was primarily practicing as a diagnostic radiologist—rather than as an interventional radiologist—at the time he became disabled. The Third Circuit remanded for a determination of whether to consider whether Dr. McCann’s medical conditions prevent him from being able to perform his “substantial and material duties” as an interventional radiologist, as required by the terms of the policy. The court concluded that the claim was governed by the Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001. The Department of Labor has promulgated a safe harbor regulation exempting certain plans from the definition of an “employee welfare benefit plan” but McCann’s then-employer sufficiently endorsed the plan under which his policy was purchased to render the safe harbor inapplicable. Provident incorrectly defined Dr. McCann’s occupation in administering his disability claim; the claim must be evaluated in the context of his specialty—interventional radiology. View "McCann v. Unum Provident" on Justia Law

The Third Circuit affirmed the order of the district court dismissing Appellant’s petition for a writ of habeas corpus under 28 U.S.C. 2241, holding that, although Appellant has been detained pending reveal proceedings since April 2016, the Due Process Clause of the Fifth Amendment did not entitle Appellant to a new bond hearing at which the government would bear the burden of justifying his continued detention.Appellant entered the United States on a tourist visa, which he overstayed. A year later, an Interpol "Red Notice" requested by Russian identified Appellant as a fugitive wanted for prosecution on criminal fraud charges. On April 22, 2016, Immigration and Customs Enforcement detained Appellant under 8 U.S.C. 1226(a) and initiated removal proceedings, which are still pending in an immigration court. Appellant filed this action alleging that his continued detention deprived him of due process unless the government could show clear and convincing evidence of risk of flight or danger to the community. The district court dismissed the petition. The Third Circuit affirmed. The dissent argued that where the Russian government has been employing Interpol Red Notices to pursue and harass opponents of the Russian regime and where Appellant had no criminal record anywhere, Appellant was entitled to a new hearing to review the finding of “danger to the community.” View "Borbot v. Warden Hudson County Correctio" on Justia Law

The Third Circuit held that New Jersey’s drug-trafficking law of which Petitioner was convicted is coextensive with its federal counterpart and that on the date of Petitioner’s conviction, New Jersey’s list of drugs was no broader than the federal list, making Petitioner removable.Petitioner was convicted of four drug-related crimes under New Jersey law. For the latter three counts, the jury was instructed that it could convict Petitioner for attempting to transfer cocaine or to aid another in distributing cocaine. Thereafter, Petitioner was charged as removable. The government claimed (1) Petitioner’s New Jersey drug-distribution convictions under N.J. Stat. Ann. 2C:35-5(a)(1)&(b)(1) match the federal Controlled Substances Act’s ban on drug trafficking, 21 U.S.C. 841(a)(1), making Petitioner removable under 8 U.S.C. 1227(a)(2)(A)(iii) for having been convicted of an aggravated felony; and (2) Petitioner’s convictions related to federally controlled substances, and therefore, Petitioner was removable under 8 U.S.C. 1227(a)(2)(B)(i) for having been convicted of a controlled-substance offense. The immigration judge sustained the charges. The Board of Immigration Appeals affirmed. The Third Circuit held that Petitioner was removable and ineligible for cancellation of removal because (1) New Jersey attempt law is coextensive with federal law, and (2) on the date of his conviction, Petitioner was convicted of a controlled-substance offense that is an aggravated felony. View "Martinez v. Attorney General, United States" on Justia Law

The Third Circuit vacated Defendant’s sentence, which included as a condition of his supervised release from prison a restriction on Defendant’s possession or use of computers or other electronic communication devices, holding that the restrictions were not tailored to the danger Defendant posed.Defendant pleaded guilty to using the internet to attempt to entice a child into engage in sexual acts. Defendant was sentenced to a term of imprisonment and a lifetime of supervised release. When Defendant violated the terms of his supervised release, a revocation hearing was held at which the judge imposed the condition forbidding Defendant to possess or use any computers, electronic communications devices, or electronic storage devices. The Third Circuit remanded for a new revocation hearing, concluding that restricting Defendant’s internet access was necessary to protect the public but that Defendant’s current conditions were not tailored to the danger he posed. View "United States v. Holena" on Justia Law

The Third Circuit affirmed the district court’s grant of summary judgment in favor of Defendant, a police officer, on Plaintiff’s action brought under 42 U.S.C. 1983, holding that the district court correctly found that the statute of limitations barred Plaintiff’s claims.After Defendant stopped Plaintiff’s car, searched him, and arrested him, Pennsylvania prosecuted him. The trial court denied Defendant’s motion to suppress the evidence, but the court of appeals reversed, concluding that the search violated the Fourth Amendment. Defendant later brought this suit asserting that Defendant conducted an unreasonable search and seizure and made a false arrest. The district court granted summary judgment for Defendant. The Third Circuit affirmed, holding (1) the statute of limitations ran from the time of the search rather than when the Pennsylvania court held the search unconstitutional; and (2) therefore, Defendant’s claim was time-barred. View "Nguyen v. Commonwealth of Pennsylvania" on Justia Law

In 2007, the Site, in Trainer Borough, was owned by SCT, and used for making corrosion inhibitors, fuel additives, and oil additives. SCT kept flammable, corrosive, and combustible chemicals. Pennsylvania’s Department of Environmental Protection (PADEP) determined that “there is a release or threat of release of hazardous substances or contaminants, which presents a substantial danger to human health or the environment. The federal EPA initiated removal actions. SCT could not afford the cleanup expenses, including electricity to power pollution control and security equipment, The power company was going to shut off the Site's electricity, so PADEP assumed responsibility for the bills. Delaware County forced a tax sale. Buyers purchased the Site for $20,000; the purchase agreement stated that the Site had ongoing environmental issues and remediation. Trainer Custom Chemical took title in October 2012. The EPA and PADEP completed their removal actions in December 2012. PADEP had incurred more than $818,000 in costs. The buyers had demolished many of the Site’s structures; reclaimed salvageable materials were sold for $875,000. In 2014, PADEP received reports indicating that hazards still existed at the Site; its buildings had asbestos-containing materials. PADEP sued under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601-28, and Pennsylvania’s Hazardous Sites Cleanup Act (HSCA), to recover cleanup costs. The Third Circuit held that the Buyer is liable for environmental cleanup costs incurred at the Site both before and after the Buyer acquired it. View "Pennsylvania Department of Environmental Protection v. Trainer Custom Chemical LLC" on Justia Law

From 1910 until 1986, Greenlease Holding Co. (“Greenlease”), a subsidiary of the Ampco-Pittsburgh Corporation (“Ampco”), owned a contaminated manufacturing site in Greenville, Pennsylvania. Trinity Industries, Inc. and its wholly-owned subsidiary, Trinity Industries Railcar Co. (collectively, “Trinity”), acquired the site from Greenlease in 1986 and continued to manufacture railcars there until 2000. An investigation by Pennsylvania into Trinity’s waste disposal activities resulted in a criminal prosecution and eventual plea-bargained consent decree which required, in relevant part, that Trinity remediate the contaminated land. That effort cost Trinity nearly $9 million. This appeal arose out of the district court’s determination that, under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), and Pennsylvania’s Hazardous Sites Cleanup Act (“HSCA”), Trinity was entitled to contribution from Greenlease for remediation costs. The parties filed cross-appeals challenging a number of the district court’s rulings, including its ultimate allocation of cleanup costs. The Third Circuit ultimately affirmed the district court on several pre-trial rulings on dispositive motions, vacated the cost allocation determination and remanded for further proceedings. View "Trinity Industries Inc v. Greenlease Holding Co." on Justia Law