President Biden has nominated Justice Tamika Montgomery-Reeves of the Supreme Court of Delaware for a seat on the Third Circuit Court of Appeals. Appointed to the Delaware Supreme Court in 2019, she is the first Black woman to sit on that Court. Before that, she was a vice chancellor in Delaware’s Court of Chancery. Her legal career prior to taking the bench included a clerkship for Chancellor William B. Chandler of the Delaware Court of Chancery, a stint as an associate at Weil Gotshal & Manges in New York, and four years as a partner at the Delaware office of Wilson Sonsini...

Allen v. Ollie’s Bargain Store, Inc., ___ F.4th ___ (3d Cir. 2022). This blog has reported on several Third Circuit cases in which a unanimous panel opinion was accompanied by a concurrence signed by all three judges (here and here), or by two out of three of those judges (here), including the author of the panel opinion. Last Friday, however, Judge Porter wrote both a class certification opinion for a unanimous panel and a concurring opinion that addressed an issue that the panel decision declined to reach. This was an Americans With Disabilities Act (“ADA”) case....

United States v. Defreitas, ___ F.4th ___ (3d Cir. 2022). This case came out of the Virgin Islands. Its subject matter was the conviction of defendant, an enforcement officer for the United States Virgin Islands Department of Licensing and Consumer Affairs, for soliciting a bribe, in violation of Virgin Islands law, and violating the Travel Act, 18 U.S.C. 1952(a)(3). Defendant had sought sexual favors in exchange for not reporting a female immigrant who was unlawfully present in the Virgin Islands. In an opinion by Judge Smith, the Third Circuit today vacated defendant’s convictions....