This post will compile all 2014 CA3 published reversals and vacaturs. It is current through December 12. Cases I recognize as especially important are in bold.
Civil
- Judon v. Travelers Property — class-action removal
- Comite De Apoyo v. Perez — ripeness, APA
- Manning v. Merrill Lynch — federal-question jurisdiction
- Schmidt v. Skolas — statute-of-limitations discovery rule, dismissal procedure
- Flintkote v. Aviva — arbitration-clause enforcement
- A.S. v. Smithkline Beecham — removal timeliness
- Columbia Gas v. 1.01 Acres — eminent domain
- Fair Wind Sailing v. Dempster — attorney fees for Lanham Act suit
- Williams v. BASF Catalysts — asbestos class-action, fraud and fraudulent concealment claims
- Aleynikov v. Goldman Sachs — corporate bylaws
- Douglass v. Convergent Outsourcing — FDCPA consumer debt-collection
- Budhun v. Reading Hospital — FMLA
- D.E. v. Central Dauphin School Dist. — IDEA disability-rights
- Coffelt v. Fawkes — Virgin Islands election law
- Lodge No. 5 v. City of Philadelphia — public-employee First Amendment rights
- Vici Racing v. T-Mobile — breach-of-contract damages
- Dwyer v. Cappell — attorney advertising & First Amendment speech
- Lupyan v. Corinthian Colleges Inc. — FMLA
- Opalinski v. Robert Half Int’l — class arbitration
- New Jersey Carpenters v. Tishman Construction — pre-emption
- Ohntrup v. Makina ve Kimya Endustrisi Kurumu — post-judgment discovery
- Constitution Party of PA v Aichele — election law and standing
- Hildebrand v. Allegheny County — employment
- McLaughlin v. Phelan, Hallinan & Schmieg — debt-collection suit requirements
- Foglia v. Renal Ventures Mgt. — false claims pleading requirements
- Bryan v. Erie County Office of Children & Youth — high-low settlement enforceability
- Estate of Thouron v. US — cause for late tax payment
- Thompson v. Real Estate Mort. Network — FLSA
- Nazareth Hospital v. Secretary — APA
- Cardionet v. Cigna Health — arbitration-clause interpretation
- Seamans v. Temple University — Fair Credit Reporting Act & student loans
- Hefner v. Murphy — constitutionality of PA Funeral Director Law
- Brownstein v. Lindsay — copyright
Criminal
- US v. Thompson — suppression of statement due to delay in arraignment
- US v. Paladino — denial of allocution — plain error
- US v. Solomon — Guideline sentencing
- US v. Boney — Guideline sentencing (government win)
- Government v. Vanterpool — Ineffective assistance of counsel
- US v. Shannon — 5th Amendment post-arrest silence
- US v. Husmann — child-porn distribution
- US v. Gregory Brown — sentencing — career-offender enhancement
- US v. Brown — 404(b), prosecutorial misconduct, harmless error
- US v. Erwin — appeal-waiver-violation consequences (government win)
- US v. Donahue — 4th Amendment vehicle search (government appeal)
- US v. Bagdy — supervised-release violation
- US v. Freeman — Guideline sentencing procedure
- US v. Napolitan — Guidelines sentencing procedure (government appeal)
- US v. Caldwell — FRE 404(b) and other evidentiary issues
- US v. Tai — Sentencing Guidelines plain error
- US v. Velazquez — speedy trial
- US v. White –4th Amendment search incident to arrest
- US v. Auernheimer — internet-crime venue
- US v. Ortiz-Vega — eligibility for retroactive Guideline-sentence reduction
- US v. John-Baptiste — judgment of acquittal (government appeal)
- US v. Brown — SORNA registration (government appeal)
- US v. Jones — Sentencing Guidelines enhancement
Civil Rights
- Estate of Lagano v. Bergen Co. — 1983 personhood, sovereign immunity, qualified immunity
- Montanez v. Secretary (amended) — prisoner due process
- Tearpock-Martini v. Borough of Shickshinny — Establishment-Clause-claim statute of limitations
- Lesende v. Borrero — remittitur
Carman v. Carroll — judgment as a matter of law for plaintiff(reversed per curiam by Scotus)
- Halsey v. Pfeiffer— malicious prosecution & coercion summary judgment
- Thomas v. Cumberland County — prison-staff failure-to-train
- ACRA Turf Club v. Zanzuccki — Younger abstention
- Sharif v. Picone — admissibility of prior plea & conviction in excessive-force suit
Immigration
- Mahn v. AG — moral-turpitude crime
- Hernandez-Cruz v. AG — moral-turpitude crime
- Mayorga v. AG — standing, moral-turpitude crimes
- Parra-Rojas v. AG — admissibility
- Galarza v. Szalczyk — state/local custody for immigration detainer
- Zhu v. AG — meaningful consideration by BIA
- Bautista v. AG — non-aggravated felony
- Orabi v. AG — removability for non-final conviction
Habeas & 2255
- US v. Bui — plea-stage IAC
- Cox v. Horn — Post-conviction IAC as cause in a Rule 60(b)(6) motion
- Branch v. Sweeney — ineffective assistance of counsel & 2254(d)
Bankruptcy
- In re: Allen: trustee recovery of fraudulently transferred property
- In re: G-I Holdings — state-law breach-of-contract claims in bankruptcy
- In re: Makowka — bankruptcy & state statutory interpretation
Other
This is a very helpful post on the Third Circuit reversals. Especially at a time when convictions are being affirmed at the rate of 95%, up from 91% just a few years ago. (Hat tip to Peter Goldberger for the statistic.)
Ellen, you’re right. Last year’s 5% CA3 reversal rate was anomalously low. Since 2001, it’s only been below 9% one other year. The overall trend is fewer reversals, but I suspect last year was a statistical outlier rather than the new normal. I’ve been geeking out on reversal stats and will have a post later today.