The dog days of summer often see the Supreme Court and the Appellate Division issuing opinions in cases argued earlier in the Term. The Third Circuit is often more active than those other courts in issuing opinions during the summer. Here are summaries of some of the published opinions issued by the three courts last week. These include all published opinions, civil and criminal, of the Supreme Court and the Appellate Division, and the lone published civil decision issued by the Third Circuit (without covering several criminal opinions issued by that court last week): East Bay Drywall, LLC...

Adam v. Barone, ___ F.4th ___ (3d Cir. 2022). [Disclosure: I am one of the counsel for the successful plaintiff in this case]. Here is how Judge Smith began his opinion for the Third Circuit today in this putative consumer class action case: “Cindy Adam was charged nearly $100 for what she believed were free samples of beauty products. After complaining about the charge, she was offered the chance to return the items so that she might obtain a refund. Adam refused and eventually filed this lawsuit. The United States District Court for the District of New Jersey dismissed her complaint,...

United States v. Defreitas, 29 F.4th 135 (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....