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...

Hargrove v. Sleepy’s Inc., 974 F.3d 467 (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit’s unique interpretation of the idea that a class must be ascertainable in order to be certified. That issue has been discussed, among other places, here, here and here. The Third Circuit has been gradually trimming back its view of ascertainability, and other Circuits, as well as New Jersey’s Appellate Division, have rejected the Third Circuit’s broad view. Yesterday, the Third Circuit took another positive step, holding by a 2-1...

Quinteros v. Attorney General of the United States of America, ___ F.3d ___ (3d Cir. 2019). This was an immigration appeal. As Judge Roth summarized it in her opinion for the Third Circuit (the other panel members were Judges McKee and Ambro) today, “The Board of Immigration Appeals found that Nelson Quinteros committed an aggravated felony and failed to show entitlement to relief under the Convention Against Torture (CAT). Quinteros argues that the Board committed two errors: First, the Board erred in finding that his conviction for conspiracy to commit assault with a dangerous weapon...