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

For five days in September 2013, lane closures on the George Washington Bridge caused extraordinary traffic jams in Fort Lee, New Jersey. The closures were allegedly orchestrated as revenge against the Mayor of Fort Lee for his refusal to endorse New Jersey Governor Christie for reelection. In 2015, a grand jury returned a nine-count indictment against Baroni and Kelly based on the “Bridgegate” political payback scheme. With the exception of Count 9, the indictment alleges that Baroni and Kelly committed their offenses with unidentified “others.” The only other individual identified by name in that indictment is Wildstein, who has pled guilty in a separate case. A consortium of media groups took legal steps to force the disclosure of a letter, authored by one of the prosecutors, that purportedly identifies unindicted co-conspirators. The district court ordered the letter to be disclosed. “Doe” intervened and sought to block public access to the letter. The court denied his request. The Third Circuit reversed, concluding that the letter in question is a part of the general discovery process and not subject to any First Amendment or common law right of public access. View "N. Jersey Media Grp., Inc v. United States" on Justia Law

On a January 2013 school day, Christina Regusters entered Bryant Elementary School in Philadelphia, where Jane was enrolled in kindergarten. Regusters went directly to Jane’s classroom, where she encountered Littlejohn, Jane’s teacher. Per School District policy, Littlejohn asked Regusters to produce identification and verification that Jane had permission to leave school. Regusters failed to do so. Littlejohn nonetheless allowed Jane to leave with Regusters. Regusters sexually assaulted Jane off school premises, causing her significant physical and emotional injuries. In the early hours of the next morning, a sanitation worker found the child in a playground after hearing her cries. The district court denied a motion to dismiss a "state-created danger" lawsuit under 42 U.S.C. 1983, rejecting an assertion of qualified immunity. The Third Circuit affirmed, finding that the allegations sufficiently stated a constitutional violation of the young child’s clearly established right to be free from exposure by her teacher to an obvious danger. It is “shocking to the conscience that a kindergarten teacher would allow a child in his care to leave his classroom with a complete stranger.” View "L.R. v. Philadelphia Sch. Dist." on Justia Law

More than 200 foreign agricultural workers allege they were exposed to the pesticide DBCP on banana farms throughout Central America, in the 1960s through the 1980s, resulting in health problems. Litigation began in 1993 with a putative class against Dole and related companies in Texas state court. Numerous suits were filed (and consolidated) in 2011 in the Eastern District of Louisiana against Dole and others. That court granted Dole summary judgment based on the statute of limitations; the Fifth Circuit affirmed. Meanwhile, in 2012, several actions were filed in the District of Delaware against the same defendants and alleging the same causes of action. That court dismissed, applying the first-filed rule, reasoning that “one fair bite at the apple is sufficient.” The Third Circuit initially affirmed, but on rehearing, en banc, held that the district court abused its discretion under the first-filed rule by dismissing the claims with prejudice and erred by refusing to transfer claims against Chiquita to another forum. The timeliness dismissals entered by the Louisiana District Court did not create a res judicata bar to the Delaware suits. The court stated that it was “untenable” that 20 years after the litigation began, no court had considered the merits. View "Chavez v. Dole Food Co., Inc" on Justia Law

Relying on an advertiser’s claim that its fax advertising program complied with the Telephone Consumer Protection Act (TCPA), 47 U.S.C. 227, Stevens & Ricci allowed the advertiser to fax thousands of advertisements to potential customers on its behalf. More than six years later, Hymed filed a class action TCPA lawsuit, which settled with a $2,000,000 judgment against Stevens & Ricci. While that suit was pending, Auto-Owners sought a declaratory judgment, claiming that the terms of the insurance policy it provided Stevens & Ricci did not obligate it to indemnify or defend Stevens & Ricci in the class action. The Third Circuit affirmed summary judgment, finding that the sending of unsolicited fax advertisements in violation of the TCPA did not fall within the terms of the insurance policy. The “Businessowners Insurance Policy” obligated Auto-Owners to “pay those sums that the insured becomes legally obligated to pay as damages because of ‘bodily injury’, ‘property damage’, ‘personal injury’ or ‘advertising injury’ to which this insurance applies.” The “advertising injury” deals only with the publication of private information, View "Auto-Owners Ins. Co. v. Stevens & Ricci Inc" on Justia Law

Curry read a newspaper article that stated there was a warrant for his arrest, related to a theft at a Lower Macungie Township, Pennsylvania Wal-Mart store. Wal-Mart security employee Fitcher identified Curry. Curry insists that he had never been in that store. Curry called the store and spoke to a security employee, who refused to review the surveillance video. Curry called Pennsylvania State Trooper Yachera, who informed Curry that the courts would “figure it out.” Curry was arrested. Unable to afford bail, Curry was jailed, While he was in jail, Curry was charged with “theft by deception – false imprisonment” by Exeter Township Detective McClure, unrelated to the Wal-Mart charges. Two months later, McClure admitted Curry was innocent; his charges were dropped, but Curry remained in jail. During his many months in prison, Curry missed his child's birth and lost his job. Fearing loss of his home and vehicle, Curry pleaded nolo contendere. Curry later filed suit, asserting malicious prosecution, false arrest, and false imprisonment. The court determined that the constitutional claims against Yachera, Wal-Mart, and Fitcher were barred bySupreme Court precedent because their success would imply that Curry's conviction was invalid, and that McClure never “seized” Curry. The Third Circuit affirmed with “reluctance,” noting the inequity bail can create. The court clarified that the dismissal was without prejudice; the statute of limitations begins to accrue when “the conviction or sentence is reversed, expunged, invalidated, or impugned.” View "Curry v. Yachera" on Justia Law

The Waterfront Commission of New York Harbor is a bi-state corporate and political entity created by interstate compact in 1953, after years of criminal activity and corrupt hiring practices on the waterfront N.J.S. 32:23-1; N.Y. Unconsol. Laws 9801. In 2013 the Commission opened its Longshoremen’s Register to accept applications for 225 new positions, requiring shipping companies and other employers to certify that prospective employees had been referred for employment compliant with federal and state nondiscrimination policies. Rejecting a challenge, the district court held that the Commission had acted within its authority and had not unlawfully interfered with collective bargaining rights. Such rights were not completely protected under the language of the Compact. The Third Circuit affirmed, noting that opponents had ample notice and opportunity to be heard with respect to the nondiscrimination amendment. Compact Section 5p-(5)(b) clearly provides for inclusion of registrants under “such terms and conditions as the [C]ommission may prescribe.” View "NY Shipping Ass'n, Inc. v. Waterfront Comm'n of NY Harbor" on Justia Law

The Township of Tredyffrin Zoning Hearing Board of Appeals denied an application by DePolo, a federally licensed amateur or “ham” radio enthusiast, to build a 180-foot radio antenna tower on his property so that he could communicate with other ham radio operators around the world. The property is surrounded by mountains or hills. He claimed a shorter tower would not allow him to reliably communicate with other ham radio operators. The ZHBA agreed to a tower that was 65-feet tall as a reasonable accommodation under the applicable zoning ordinance prohibition on buildings taller than 35 feet. DePolo did not appeal that decision to the Chester Court of Common Pleas as allowed under state law, but filed a federal suit, claiming that zoning ordinance was preempted by 47 C.F.R. 97.15(b), and the closely related FCC declaratory ruling, known as PRB-1. The district court dismissed, finding that the ZHBA had offered a reasonable accommodation and that the zoning ordinance was not preempted by PRB-1. The Third Circuit rejected an appeal. DePolo’s failure to appeal the ZHBA’s determination to state court rendered the decision final, entitled to the same preclusive effect that it would have had in state court. View "Depolo v. Tredyffrin Twp. Bd. of Supervisors" on Justia Law

A post-settlement possession addendum allowed Black’s mother to remove her possessions from the Montgomery County, Pennsylvania home she had sold two days earlier, while the buyer’s contractors upgraded the wiring. A fire broke out while Black, her mother, and the electricians were working in the house. Deputy Fire Marshal Hand disassembled the electrical outlet where the fire had started and concluded that the fire was intentional and was not an electrical fire. Hand did not preserve the outlet; Hand intentionally misrepresented his findings to support the proposition that the outlet had no power. Others, relying on Hand without conducting an inspection, concluded the damage was caused by an open flame, not by the electrical outlet. During an interrogation, officers accused Black of setting the fire. Black returned home to California, but returned for her arraignment and, as required, at 13 subsequent proceedings. Black’s expert, Lentini, concluded that the fire was unequivocally electrical, not arson. Hand and the prosecutor refused to communicate with Lentini. Black was acquitted. The district court dismissed her suit under 42 U.S.C. 1983. The Third Circuit vacated. Considering the totality of the circumstances alleged, Black sufficiently alleged that her liberty was intentionally restrained by the defendants. Black’s acquittal does not preclude her claim that the defendants intentionally fabricated evidence in violation of the due process clause. View "Black v. County of Montgomery" on Justia Law

Rosenberg is the “principal architect” NMI and NMI Holding, which are affiliated with limited partnerships (LPs) that operate medical imaging centers. To finance the purchase of medical imaging equipment, the LPs entered into leases with DVI entities. DVI Financial was the initial servicer of the leases and U.S. Bank acted as trustee. When DVI Financial entered bankruptcy in 2004, Lyon acquired the servicing contracts. During state court litigation over money owed under the leases, DVI filed involuntary bankruptcy petitions against Rosenberg, NMI, and NMI Holding. The bankruptcy court dismissed the petitions because the DVI entities were not Rosenberg’s creditors. Rosenberg then filed an adversary action under 11 U.S.C. 303(i), alleging bad faith filing. Rosenberg obtained awards of fees and costs, $1.1 million in compensatory damages, and $5 million in punitive damages. Rosenberg’s wife, the Rosenberg Trust, and other Rosenberg Affiliates then sought damages based on the involuntary bankruptcy petitions, alleging tortious interference with contracts and business relationships. NMI Real Estate Partnerships owned the medical imaging facilities subject to mortgages. Rosenberg Affiliates alleged that the involuntary bankruptcy filings were intended to cause those Partnerships to default on their underlying mortgages; all but one of the properties have been lost. The district court dismissed, finding the claim preempted by the Bankruptcy Code. The Third Circuit reversed, stating that section 303(i) does not preempt the state law claims of nondebtors predicated on the filing of an involuntary bankruptcy petition. View "Rosenberg v. DVI Receivables XVII LLC" on Justia Law

The petitioners, 28 women and their minor children, are citizens of El Salvador, Honduras, and Guatemala. The entered the U.S. in 2015 and were apprehended close to the border. Each indicated a fear of persecution if returned to their native country, claiming that they had been or feared becoming victims of domestic or gang violence. Following interviews with an asylum officer and review by an immigration judge, their fears were found to be not credible and their expedited removal (8 U.S.C. 1225(b)(1)) orders became administratively final. Each filed a habeas petition. The Third Circuit affirmed dismissal of the petitions, finding that the district court lacked subject matter jurisdiction under 8 U.S.C. 1252.1, which circumscribes judicial review for expedited removal orders issued under section 1225(b)(1). The court rejected an argument under the Suspension Clause of the U.S. Constitution: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.” The court noted “Petitioners’ surreptitious entry into this country," and Congress’ and the Executive’s plenary power over decisions regarding the admission or exclusion of aliens, in concluding that the limited scope of review is not unconstitutional, as to petitioners and other aliens similarly situated. View "Castro v. United States Dept. of Homeland Sec." on Justia Law