U.S. Third Circuit - FindLaw

U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog


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Court Tosses Turkey's Human Rights Suit Against Fethullah Gulen

A human rights violation lawsuit brought against the reclusive Islamic cleric Fethullah Gulen has been dismissed by U.S. District Judge Robert Mariani in Pennsylvania, following the determination that plaintiffs failed to plead their case with sufficient particularity. Further, the court felt that forum non conveniens applied.

Google and Viacom Win Suit Over Tracking Children Online

The nationwide class action suit that involved Google and Nickelodeon allegedly tracking our innocent, innocent children was largely defeated by the defending companies recently. The Court of Appeals for the Third Circuit felt that planting cookies on children's computers and devices didn't run afoul of both state and federal laws, at least not the ones the parents identified.

It wasn't a complete victory for Viacom, Nickelodeon's parent company, though. The federal court allowed one privacy claim against the entertainment company stand as it had collected children's information despite promises not to do so. It looks like completely fibbing parents still isn't kosher in corporate America.

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3rd Circuit: Gov't Can't Treat K-4 Visas Like Tourist Visas

The Third Circuit took steps in a recent case to close an incongruous loophole in immigration law that leads to certain K-4 visa holders being removed wrongly. It reversed a Board of Immigration Appeals (BIA) decision that earlier found that a young Chinese woman could not change her status to become a permanent United States resident.

The law as it has been generally applied, said the court, "contravenes congressional intent."

Abortion Clinic 'Buffer Zone' Case Revived by 3rd Circuit

The Third Circuit has revived a controversial buffer zone free speech case that challenged Pittsburgh's local ordinance establishing a 15-foot zone around abortion clinics. The zone was created to provide easier access for patients seeking to enter clinics without being verbally accosted by protesters and pro-life advocates.

It was not even a close call as the circuit voted 3-0, saying that protesters had a valid cause of action to pursue a suit against the city on theories that their free speech rights were violated under the Constitution.

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Does Old, Converted Housing Have to Comply With Fair Housing Act?

It's a fair question that deserves to be asked: does old but converted housing have to comply with the Fair Housing Act?

No, say federal courts... so long as those converted buildings are built before March 13, 1991.

As a member of the U.S. Army Reserve, Michel Davis served for half a year in Iraq and three years in Afghanistan. And while he was fighting abroad, taxes were piling up on his Philadelphia home. Eventually, Davis's home was foreclosed upon, despite his repeated attempts to limit delinquent property taxes and penalties under the Servicemembers Civil Relief Act -- requests that were repeatedly denied.

Davis sued, arguing that the denial of relief under SCRA violated his rights. But, the Third Circuit noted last week, Davis's arguments had a fatal flaw: he had transferred his house to his company before leaving for his tours of duty and businesses simply don't qualify as servicemembers under the SCRA.

3rd Cir. Tosses Anti-Trust Suit Against Sanofi-Aventis, Twists Knife

Judge Jane Roth of the Third Circuit Court of Appeals in New Jersey soundly dismissed the Eisai v. Sanofi-Aventis anti-competition lawsuit in her court when she denounced every one of the characterizations Eisai had used to describe Sanofi's conduct, reports Reuters. Finally, this thing looks put to bed.

It's a major win for the large pharmaceutical company that will be holding the attention of industry regulars for at least a few weeks.