New opinions — trade-dress infringement and immigration

Two opinions today.

First, the court today affirmed dismissal of a Lanham Act trade-dress infringement and unjust enrichment suit but vacated the grant of attorney’s fees to the defendant because the district court requisite findings.

The case is Fair Wind Sailing v. Dempster. Opinion by Fuentes, joined by Rendell and Greenaway. Arguing counsel were Stefan Herpel for the appellant and Lisa Michelle Komives for the appellees.

Today’s other case involves a Mexican citizen who pled guilty in the U.S. to assault and child endangerment was ordered deported. CA3 today held that PA’s child-endangerment statute does not categorically implicate moral turpitude and remanded.

The case is Hernandez-Cruz v. AG. Opinion by Fuentes, joined by Greenaway and Nygaard. Arguing counsel were Jamie Jasso for the petitioner and Katherine Clark for the AG.