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Mar 21

Judge Smith Discusses When the Third Circuit Will Certify a Question to a State’s Highest Court

Posted by Bruce D. Greenberg on Mar 21, 2022 in Administrative matters, Criminal law, Judges, Third Circuit Court of Appeals | 0 comments
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....
Jan 24

Judge Smith Explains the Third Circuit’s Standard for Rule 23(f) Appeals of Grants or Denials of Class Certification

Posted by Bruce D. Greenberg on Jan 24, 2022 in Class actions, Effect of decisions by other courts, Judges, Standards of review, Third Circuit Court of Appeals | 0 comments
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...
Dec 16

Judge Ambro Will Take Senior Status

Posted by Bruce D. Greenberg on Dec 16, 2021 in Judges, Third Circuit Court of Appeals | 0 comments
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...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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