I’m out of the office for the next few days, so my posts will be later and briefer than usual.
McMunn v. Babcock & Wilcox Power — civil — affirmance — Smith
The Third Circuit today upheld summary judgment in favor of the defense in a major civil suit that alleged that radiation emissions caused the plaintiffs’ cancers.
Smith was joined by Restrepo. McKee concurred (apparently without joining Smith’s opinion, and also joined by Restrepo, which seems likely to cause future confusion to the extent the two opinions disagree). Arguing counsel were Louis Bograd of Motley Rice for the plaintiffs and John Phillips of Paul Hastings and Nancy Milburn of Arnold & Porter for the defendants.
Mendoza-Ordonez v. AG — immigration — reversal — Nygaard
The Third Circuit granted a Honduras citizen’s petition for review, holding that the man was entitled to withholding of removal based on evidence that he faced violence for his political views and reports indicating that his home country was unable to protect him.
Joining Nygaard were Ambro and Restrepo. Arguing counsel were Joseph Brophy of Brophy & Lenahan for the petitioner and Sabatino Leo for the government.
Williams v. Globus Medical — civil — affirmance — Scirica
The Third Circuit upheld dismissal of a shareholder suit against a company for belatedly disclosing a business decision that caused a sales decline.
Joining Scirica were Chagares and Fisher. Arguing counsel were Jacob Goldberg of the Rosen Law Firm for the shareholders and Barry Kaplan of WA for the company.
Delaware Riverkeeper Network v. US Army Corp of Engineers — environmental — affirmance — Smith
The Third Circuit denied a petition to review an agency ruling approving a gas pipeline.
Joining Smith were Nygaard and Fuentes. Arguing counsel were Aaron Stemplewicz for the Riverkeepers, Varu Chilakamurri for the government, and John Stoviak of Saul Ewing for the intervenor pipeline company.