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The Latest Breaking News from Third Circuit

Short Circuit: A Roundup of Recent Federal Court Decisions

Neighborhood character, three-judge district court panels, and a moldy office.

Reason

The Second Amendment and 18-to-20-Year-Olds

From Third Circuit Judge Cheryl Krause's dissent from denial of rehearing en banc yesterday in Lara v. Commissioner; Judges Shwartz, Restrepo, Freeman, Montgomery-Reeves, and Chung also voted to rehear the case en banc, but didn't write an opinion or join Judge Krause's: When they ratified the Second Amendment, our Founders…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Public use, ballot selfies, and a bonkers closing statement.

Reason

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Third Circuit: No Pseudonymity for Challenge to Health System's "Tracking Pixel" System

Plaintiff argued (with no opposition from the defendant), Proceeding under a pseudonym is appropriate in this appeal because the facts of the underlying case directly relate to Plaintiff's sensitive health information. Specifically, Plaintiff alleges that Capital Health installed a tracking pixel on its website that transmits its patients' names and…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Long opinions, long captions, and valuable considerations.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Wedding officiants, teaser profiles, and administrative animals.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Zombie jokes, perplexing paths, and a handsy officer.

Reason

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Florida Appellate Court Rejects Third Circuit's Reasoning as to Felons and the Second Amendment

From Edenfield v. State, decided Wednesday, in an opinion by Judge Bilbrey and joined by Judge Winokur, with Judge Long concurring in the result (for more on the Range case, see here): We deny Appellant's amended motion for rehearing, rehearing en banc, and to certify a question of great public…

Reason

Unusual Denial of Pseudonymity to Plaintiff Suing Over Alleged Anti-Trans Discrimination

Courts are generally inclined to allow litigants to remain pseudonymous to conceal their being transgender (see The Law of Pseudonymous Litigation, p. 1406); but they are also inclined to deny pseudonymity once the plaintiff had already identified himself or herself, and this is what made the difference in yesterday's decision…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Huge tracts of land, Dad does The RICO, and poor prosecutorial behavior

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

A rough ride, an injury in law, and sexy polygraphs.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Fake Instagram accounts, offensive Facebook comments, and pro se parents.

Reason

Third Circuit Holds That at Least Some Felons Retain Second Amendment Rights

Today's en banc decision in Range v. Attorney General so concludes, in a majority opinion by Judge Hardiman, which got the votes of nine of the fifteen judges. The challenger in this case pleaded guilty in 1995 to making a false statement to obtain food stamps; because this was in…

Reason

Appellate court revives suit from Temple professor falsely accused of spying for China

PHILADELPHIA — A federal appellate court has revived a lawsuit from a Temple University professor who sued the U.S. government six years ago after he was falsely accused of being an economic spy for China.

The Philadelphia Inquirer

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Reason

Third Circuit Rejects Pacira Biosciences' Trade Libel Claim Over Article in Leading Medical Journal About EXPAREL

From Friday's Third Circuit decision in Pacira Biosciences, Inc. v. American Society of Anesthesiologists, Inc., written by Judge Patty Shwartz, joined by Judges Stephanos Bibas and Thomas Ambro: Pacira BioSciences, Inc. … sued the American Society of Anesthesiologists, Inc. …, the editor-in-chief of its medical journal, and the authors of…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Herring monitors, state-created dangers, and kicking out the jams.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Alaskan Natives, Alaska Airlines, and Alaskan students.

The Philadelphia Inquirer

Appeals court says Philly mayor did not discriminate against Italian Americans by renaming Columbus Day

PHILADELPHIA — A federal appeals court panel on Friday upheld a lower court decision to dismiss a lawsuit alleging that Mayor Jim Kenney discriminated against Italian Americans by renaming the city’s Columbus Day holiday to Indigenous Peoples’ Day.

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Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Sex trafficking, child-pornography solicitation, and FERC.

Reason

Third Circuit Proposes Moving E-Filing Deadline to 5 pm Eastern

Federal Rule of Appellate Procedure 26(a) sets midnight as the deadline for electronic filings, but allows each circuit to change that deadline. Here's the Third Circuit's proposed change, for which comments are due Feb. 18: Documents received by the Clerk by 5:00 p.m. Eastern Time will be filed as of…

Reason

Third Circuit Will Consider En Banc Whether Nonviolent Felons Lose Second Amendment Rights

The panel opinion, which has now been vacated (as is always done when the court agrees to hear a case en banc) is here (Range v. Attorney General); here's a quick summary of the result of that panel opinion: Based on history and tradition, we conclude that "the people" constitutionally…

Ballotpedia

Union Station: Checking in on public-sector union cases appealed to the Supreme Court

Note: In observance of the Thanksgiving holiday, we will not be publishing Union Station on Nov. 25. The next edition of Union Station will arrive on Dec. 2.

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Pit bull bans, community sensitivity, and criminal defamation.

Reason

Court Holds Parents Have Right to Opt Out of Gender Identity Teaching to First-Grade Children

In Tatel v. Mt. Lebanon Sch. Dist. (W.D. Pa.), decided yesterday, Judge Joy Flowers Conti concluded that the Third Circuit (the federal appellate court that covers Pennsylvania) recognizes some parental rights over the control of their children's education even in public schools: {[P]arents, not schools, have the primary responsibility to…

Reason

Short Circuit: A Roundup of Recent Federal Court Decisions

Hauling timber, planting drugs, and barring bologna.

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