US v. Island — criminal — affirmance — Scirica

A divided Third Circuit panel today answered a question that also has divided the circuits, holding that a criminal defendant’s term of supervised release is tolled while the defendant is absent from supervision as a fugitive. The majority reasoned that the relevant statutory text was silent on the matter and joined the Second, Fourth, and Ninth Circuits against the First.

Judge Rendell dissented, arguing that the text did answer the question and that the majority’s rule will prove burdensome for courts to apply.

Joining Scirica was Ambro, with Rendell dissenting. Arguing counsel were Keith Donoghue of the EDPA federal defenders for the defendant and Bernadette McKeon of the EDPA USAO for the government.

Sköld v. Galderma Labs. — civil — partial reversal — Jordan

The Third Circuit vacated a jury’s verdict in favor of an investor for unjust enrichment in a trademark dispute with a drug company. The investor’s claim was premised on his ownership of the mark, and the court held that the plain terms of the relevant contract gave ownership of the mark to the company. The interpretative issue boiled down to the contract’s use of “hereof and thereof” instead of “hereof or thereof,” and somewhere that contract drafter now feels either euphoric or terrible, depending.  The court also rejected the investor’s claims that he was entitled to directed verdict on other claims.

Joining Jordan was Chagares; Vanaskie had been the third judge on the panel before he retired. Arguing counsel were Bruce Clark of Clark Michie for the investor and Richard Rochford Jr. of New York for the company.