Two new opinions [updated]

NLRB v. Imagefirst Uniform — labor — partial reversal — Cowen

The Third Circuit today partially granted the National Labor Relations Board’s application for enforcement of its decision holding that an employer violated the NLRA. The employer broke the law when it tried to block union representatives from handing out literature on the public sidewalk outside its building, but not when it called the police.

Joining Cowen were Krause and Fuentes. Arguing counsel were Kellie Isbell for the NLRB and Christopher Murphy of Morgan Lewis for the employer.


US v. McCants — criminal — affirmance — Hardiman

UPDATE: the panel granted rehearing and issued a new opinion, link here.

The Third Circuit today rejected a criminal defendant’s challenge to legality of a search that resulted from an anonymous 911 call, as well as his challenges to his sentencing as a career offender based on prior NJ convictions for second-degree robbery as crimes of violence.

Joining Hardiman were Krause and Bibas. Arguing counsel were Leticia Olivera of the NJ FPD for the defendant and Richard Ramsay of the NJ USAO for the government.

[post updated to correctly identify arguing counsel for the government.]