Robinson v. First State Community Action Agency, ___ F.3d ___ (3d Cir. 2019).  This opinion by Judge Fuentes today affirms a plaintiff’s verdict in a jury trial under the Americans With Disabilities Act (“ADA”).  Plaintiff and defendant, who is plaintiff’s former employer, “proceeded under the [same] case theory throughout litigation, trial, and post-trial briefing.”  Only on appeal did defendant try to “unring the bell,” as Judge Fuentes put it.  The panel rebuffed that effort, holding that defendant had “waived this argument because of...

United States v. Reese, ___ F.3d ___ (3d Cir. 2019).  The Third Circuit issued this opinion today.  As Judge Ambro’s opinion for the unanimous panel stated at the very beginning, “This is one of the rare cases in which the Speedy Trial Act, 18 U.S.C. §§3161–3174, requires that we vacate a conviction and remand for dismissal of the indictment.” But Judges Ambro and Greenaway filed a separate concurring opinion.  They wrote that opinion “to address a trend among our sister Circuits that appears to be expanding the doctrine of waiver by defendants under the Speedy Trial...

United States v. Baroni, ___ F.3d ___ (3d Cir. 2018).  In a unanimous opinion by Judge Scirica today, the Third Circuit upheld the convictions of “Bridgegate” defendants Bill Baroni and Bridget Kelly on charges of conspiracy to obtain by fraud, knowingly convert, or intentionally misapply property of an organization receiving federal benefits, conspiracy to commit wire fraud, and the substantive offenses associated with those conspiracy charges.  But the panel reversed and vacated defendants’ convictions for conspiracy against civil rights and the related substantive...