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Precision Airmotive — civil — reversal — Shwartz. The district court ruled that the claims were barred under conflict preemption and, alternatively, that the defendants were entitled to summary judgment under state law. Today, a divided Third Circuit panel reversed on both grounds in an opinion that helpfully summarizes the baroque law of preemption.

Broadly speaking, the engine manufacturer argued that the suit should be barred because the design of its engine was dictated by the FAA, and the panel majority rejected that argument based on its view that the manufacturer in fact was able to modify the design.

Joining Shwartz was Rendell, with Roth dissenting in part. Thus making this the sadly rare Third Circuit panel comprised entirely of women. Audio of the argument is here. A link to the questionnaire is here. Matey was nominated by President Trump in April to fill the opening created when Judge Fuentes took senior status in July According to the report, the committee aims to report his nomination to the Senate floor in early December.

Judge David Porter, confirmed by the Senate on October 11, took his judicial oath and received his commission on October He is now officially a Third Circuit judge. He has the rare privilege of serving alongside the judge he clerked for, Chief Judge Smith. One open seat remains on the court, the one created when Judge Fuentes took senior status in July for which Paul Matey was nominated the same day Judge Porter was. Judge Porter is 52, making him the third-youngest member of the court after Judges Bibas and Krause.

My congratulations again to Judge Porter, and I look forward to seeing him in action one day soon. The announced vote was 50 to Here is an inspiring recent profile of Wolk from the Notre Dame law school website. She also was interviewed in by the Catholic website Crux, here. The profile also notes that she took up running with Judge Hardiman as his clerks are famously wont to do and plans to run a half-marathon with the Judge and her co-clerks this spring.

The Third Circuit yesterday granted rehearing en banc in a criminal case, United States v. Corey Grant , , and set oral argument for February The order is here. Here is my write-up of the now-vacated Grant panel decision, which held that a de facto life sentence of 65 years was unconstitutional under Miller v. The opinion stated that it joined three circuits against one on the de facto -life issue.

The Third Circuit this morning granted rehearing en banc in Pellegrino v. TSA , setting argument for February A link to the order is here. My summary of the now-vacated panel decision, in which the panel majority held that the government is immune from suit for the intentional torts of TSA airport security screeners, is here.

Third Circuit Judge Maryanne Trump Barry, a senior judge on inactive status, is named in the article. This is a stunning development. To be honest, like many of you I got swept up in the drama surrounding the Supreme Court nomination of Brett Kavanaugh. The Third Circuit announced today that it has created a new award, the Joseph R. I am extremely pleased that Vice President Biden has agreed to accept the inaugural award which will bear his name. As a veteran U. Senator and as a former Senate Judiciary Committee chairman, Vice President Biden has for decades been a friend, supporter, and defender of an independent federal judiciary.

Over those years, his commitment to the courts and judges within the Third Circuit has been unflinching. No, I do not. On Friday, the Third Circuit entered orders in the two cases that had been scheduled en banc oral argument on October 10, which I previously discussed here , announcing that the arguments would not happen on that date and that the court would decide at some later date whether to hold arguments in these cases on the next en banc date, February 20, The orders did not provide the reason s for this unusual change of course.

Hard though it is to believe, not every lawyer reads or heeds my advice not to act as counsel for an appeal in which their own conduct is at issue. Superior Court Marshal — civil rights — partial affirmance — Krause. The court also affirmed denial of qualified immunity but ordered dismissal of a gross-negligence claim based on sovereign immunity.

Joining Krause were Roth and Fisher. Rivera-Cruz — criminal — affirmance — Hardiman. The relevant statute 18 U. United States , S. In Koons , a statute set the available sentence completely outside the Guidelines range, by requiring a minimum that was above the top of the range. Here, the statute also took the available sentence completely out of the Guidelines range, but by setting a maximum that was below the bottom of the range.

A debt collector sent out form collection letters stating that forgiveness of debt may be reported to the IRS. One such recipient filed a putative class action suit against the debt collector under the Fair Debt Collection Practices Act.

The district court dismissed, but the Third Circuit reversed, cautioning that the convenience of using form letters does not excuse compliance with the FDCPA. Joining Vanaskie were Hardiman and Shwartz. A school principal was arrested on charges of drunk driving and resigned as principal but later sued alleging constructive discharge. Concluding that her resignation was voluntary, the Third Circuit affirmed dismissal of her suit. Thomas — criminal — partial affirmance — Greenaway.

A media company intervened in a criminal case involving aid to a foreign terrorist group, seeking to unseal records from the case including a guilty-plea document and materials involving surveillance discovery. The district court denied the request on national security grounds. Today, the Third Circuit affirmed as to the plea document, recognizing a presumptive First Amendment right to access but holding that the presumption was overcome here, and remanded for the district court to reconsider redaction of the rest.

Warden — criminal — Fuentes — affirmance. Joining Jordan were Ambro and Hardiman. Senior Deputy Coffey — civil rights — partial affirmance — Roth. I have no view on whether applying qualified immunity here is a correct application of controlling law, but I believe the outcome here illustrates the awfulness of qualified immunity.

Joining Roth were Jordan and Stearns D. Earlier today, the Third Circuit posted a precedential opinion in Palardy v. Township of Millburn, The court removed the opinion from its website. Township of Millburn — civil — partial reversal — Siler CA6 by designation. The court joined a circuit minority on the question of whether recent Supreme Court cases limiting speech protections for public employees to matters of public concern also apply to association claims, holding that they do not.

Union membership, the court held, is First-Amendment-protected conduct. Joining Siler were Ambro and Scirica. Downingtown Area School Dist. The Third Circuit today sided with a school district in appeal over whether the district court complied with the Individuals with Disabilities Act and two other statutes.

The plaintiff, supported by a bevy of disability-rights amici, argued that the district which also garnered substantial amicus support had failed to develop adequate individual education plans for for an elementary-school student with ADHD, dyslexia, and other disabilities struggling to keep up in school.

Joining Bibas were Greenaway and Restrepo. Glass — criminal — affirmance — Vanaskie. Such motions seem to rarely filed except by the government in criminal cases, which I see as unfortunate and a disservice to the court. The Third Circuit granted rehearing en banc in two related criminal cases that will be argued on October The cases are US v.

Santiago , , and US v. A winning profile of Third Circuit Judge L. A link is here , and the entire profile is well worth your time. One highlight is Judge Restrepo describing his reaction to being nominated for a Third Circuit seat:. Restrepo went on to become a U. Energy Future Holdings — bankruptcy — affirmance — Greenaway. The would-be merger appealed, of course, arguing that the reconsideration motion was untimely and wrong on the merits. Today, a divided Third Circuit panel affirmed.

US — prisoner rights — partial reversal — Krause. In a significant prisoner case, a divided Third Circuit panel today ruled in favor of a prisoner whose suit alleged that USP Lewisburg administators retaliated against him for filing inmate grievances by moving him into a cell with another prisoner known for assaulting his cellmates. The prisoner did not to administratively exhaust that claim with prison officials before filing suit—understandably! The panel split over a second exhaustion issue.

The panel majority held that, with the PLRA as with habeas, a claim is exhausted even if it was not properly presented if it was considered anyway and denied at the highest level of review. On this point, Judge Scirica dissented. Joining Krause was Fuentes and Scirica in part, with Scirica dissenting in part.

Township of Riverdale — civil rights — partial affirmance — Krause. Several state troopers and local police officers participated in arresting a man for drunk driving. The officers — Riverdale police officers Travis Roemmele and Christopher Biro, NJ state troopers Jeffrey Heimbach and James Franchino—all denied that they were the one who kicked the man, and—critically—they all denied having seen who did.

On the bright side:. Such is the case here.

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