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....

Laudato v. EQT Corporation, ___ F.4th ___ (3d Cir. 2022). Federal Rule of Civil Procedure 23(f) states that “[a] court of appeals may permit an appeal from an order granting or denying class-action certification under [Federal Rule of Civil Procedure 23], but not from an order under Rule 23(e)(1).” There is no explanation in Rule 23(f) as to when such permission should be granted. In this opinion by Judge Smith, which involved an unusual District Court ruling on a motion for class certification, the Third Circuit amplified the standard that it applies and distinguished that standard from...

Judge Ambro has announced that he will take senior status, effective upon the confirmation of his successor. He is the third judge to do so during the term of President Biden (the others are Chief Judge Smith and former Chief Judge McKee), which enables the President to nominate a new judge to fill Judge Ambro’s seat. President Biden has not yet nominated anyone to fill the seats of Judges McKee and Smith, so there are three slots to be filled. Judge Ambro is from Delaware. So it is to be expected that his successor will also be from the First State, which is also President...