Two new opinions

US v. Johnson — criminal — affirmance — Fuentes

The Third Circuit rejected a defendant’s argument that a district court lost jurisdiction to revoke his supervised release when a different district court revoked an unrelated concurrent term of supervised release. In rejected the argument that concurrent terms of supervised release merge, The court joined the Second and Fifth Circuits. The court also rejected the defendant’s argument that the district court lacked jurisdiction to revoke him because he was living in the other district and his release was being supervised by the other district.

Joining Fuentes were Greenaway and Shwartz. Arguing counsel were Omodare Jupiter of the VI FPD for the defendant and David White for the government.

 

Blanyar v. Genova Prods. — civil — affirmance — Vanaskie

The introduction says it best:

Appellants, former employees of Appellee Genova
Products Inc. (“Genova”), challenge the District Court’s
decision to dismiss their putative class action for medical
monitoring as barred by the applicable two year statute of
limitations. While acknowledging that their exposure to the
alleged toxic substances upon which they base their medical
monitoring claims ended more than two years before
commencing this litigation, Appellants contend that the
limitations period should have been tolled by the discovery
rule and should not have begun to run until they discovered
the toxicity of the substances present in the Genova
workplace, a discovery they claim was first made less than
two years before this action was initiated. The District Court
concluded that the discovery rule did not save Appellants’
action because information concerning the dangers of the
chemicals to which Appellants were exposed had been widely
available for decades before they filed their complaint. For
the reasons that follow, we will affirm the dismissal of
Appellants’ lawsuit.

Joining Vanaskie were Fisher and Krause. Arguing counsel were Sol Weiss of Anapol Weiss for the class plaintiffs and Justin Bagdady of Michigan for the class defendants.

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