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Articles by Andrew Linz
Notice Of Appeal Winter 2026
Cozen O'Connor are most popular: within Intellectual Property, Family and Matrimonial, Media, Telecoms, IT and Entertainment topic(s) with readers working within the Insurance industries The Court granted petitions for panel rehearing in two precedential cases: NRA Group, LLC v. Durenleau and Murrin v. Commissioner of Internal Revenue. The panels issued amended opinions making minor changes in each case, but the essential holdings and judgments remained unaltered.
Notice of Appeal Winter 2026
The Court granted petitions for panel rehearing in two precedential cases: NRA Group, LLC v. Durenleau and Murrin v. Commissioner of Internal Revenue. The panels issued amended opinions making minor changes in each case, but the essential holdings and judgments remained unaltered.
Notice of Appeal - October 2025 | JD Supra
October 2, 2025 Andrew Linz, Stephen Miller, Catherine Yun Cozen O'Connor + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: United States v. Wise (April 22, 2025), No. 24-2460 https://www2.ca3.uscourts.gov/opinarch/242460p.pdf Unanimous decision: Bibas (writing), Phipps, Ambro Background The defendant was convicted of, among other things, possessing child pornography, on the basis of images found to be on his smartphone.
US Supreme Court Considers Further Narrowing of Federal Fraud Statutes
In recent years, the U.S. Supreme Court has repeatedly narrowed the scope of federal criminal laws targeting corruption and fraud. It seems poised to do so again in the case of a wire fraud prosecution that began here in Philadelphia. The defendants in Kousisis v. United States are government contractors who bid for local construction contracts.
Notice of Appeal - Summer 2024 | JD Supra
July 17, 2024 Andrew Linz, Stephen Miller, Catherine Yun Cozen O'Connor + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Summer 2024 United States v.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024 | JD Supra
April 11, 2024 Andrew Linz, Stephen Miller, Catherine Yun Cozen O'Connor + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: United States v. Savage, et al. (October 24, 2023) No. 14-1493 https://www2.ca3.uscourts.gov/opinarch/141493p.pdf Unanimous decision: Jordan (writing), Fuentes, Smith BACKGROUND Defendant and his co-conspirators firebombed an informant’s house and killed several individuals.
Notice of Appeal Summer 2024
United States v. Chu (March 18, 2024), No. 23-1375 https://www2.ca3.uscourts.gov/opinarch/231375p.pdf Unanimous decision: Chung (writing), Krause, Porter Background A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial.
US Supreme Court Considers Overhaul to Administrative Law
The U.S. Supreme Court is currently considering its most consequential challenge to “the administrative state” in decades. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, the petitioners are fishermen who challenged a specific regulation concerning a requirement to host observers on herring fishing boats. Beyond that specific challenge, petitioners have also asked the court to overturn the seminal doctrine announced 40 years ago in Chevron v.
Notice of Appeal Spring 2024
United States v. Savage, et al. (October 24, 2023) No. 14-1493 https://www2.ca3.uscourts.gov/opinarch/141493p.pdf Unanimous decision: Jordan (writing), Fuentes, Smith Background Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as a prosecutor in the Philadelphia District Attorney’s Office.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Fall 2023 | JD Supra
October 11, 2023 Andrew Linz, Stephen Miller, Catherine Yun Cozen O'Connor + Follow x Following x Following - Unfollow Contact To embed, copy and paste the code into your website or blog: Fall 2023 United States v. United States Sugar Corporation, et al. (July 13, 2023), No. 22-2806 https://www2.ca3.uscourts.gov/opinarch/222806p.pdf Unanimous decision: Porter (writing), Amber, Freeman BACKGROUND A sugar distributor sought to acquire a sugar producer.
Split Pa. Superior Court Rules Uber's Arbitration Clause Is Unenforceable
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Notice of Appeal - Summer 2023 - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers | JD Supra
Third Circuit Adopts 5:00 PM Filing Deadline https://www.ca3.uscourts.gov/sites/ca3/files/PublicNoticeRegardingDeadlineRule.pdf Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other proceeding, to be made by 5:00 p.m. The Court provided a grace period until the end of 2023 for documents mistakenly filed after the new 5:00 cutoff.
Notice of Appeal Summer 2023
Third Circuit Adopts 5:00 PM Filing Deadline https://www.ca3.uscourts.gov/sites/ca3/files/PublicNoticeRegardingDeadlineRule.pdf Effective July 1, 2023, the Third Circuit amended its local rules to require all filings, with the exception of those initiating a new appeal or other proceeding, to be made by 5:00 p.m. The Court provided a grace period until the end of 2023 for documents mistakenly filed after the new 5:00 cutoff.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - Spring 2023 | JD Supra
Spring 2023 Court Determines That ‘Obviously Wrong’ Crime Does Not Require Proof of Blameworthy Intent United States v. Heinrich (January 23, 2023), No. 21-2723 http://www2.ca3.uscourts.gov/opinarch/212723p.pdf Unanimous decision: Bibas (writing), Krause, Rendell BACKGROUND Defendant undressed preschool children and took photographs of their genitalia.
US Supreme Court Tackles Liability for Internet Content
The U.S. Supreme Court is considering a pair of cases against Silicon Valley tech giants that could have wide-ranging consequences for the structure of the internet. The court heard oral argument last week in both Gonzalez v. Google and Twitter v. Taamneh. The two cases raise distinct but related questions over what, if any, liability Google—the owner of video site YouTube—and Twitter can face over the terrorist organization ISIS’s use of the companies’ platforms.
Notice of Appeal Spring 2023
Court Determines That ‘Obviously Wrong’ Crime Does Not Require Proof of Blameworthy Intent United States v. Heinrich (January 23, 2023), No. 21-2723 http://www2.ca3.uscourts.gov/opinarch/212723p.pdf Unanimous decision: Bibas (writing), Krause, Rendell Background Defendant undressed preschool children and took photographs of their genitalia.
Third Circuit Rejects “Intended Loss” as Basis to Sentence Economic Crimes | JD Supra
On Tuesday, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses. In United States v.
Third Circuit Rejects “Intended Loss” as Basis to Sentence Economic Crimes
On Tuesday, the Third Circuit issued a decision that will substantially impact the sentences imposed for federal fraud offenses. In United States v.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers | JD Supra
Conviction for Drug Distribution Overturned for Lack of Proof Playground Was ‘Open to the Public’ United States v. Zayas (April 21, 2022), No. 20-1265 http://www2.ca3.uscourts.gov/opinarch/201265p.pdf Unanimous decision: McKee (writing), Smith, and Restrepo BACKGROUND Defendant was indicted for selling fentanyl to a visibly pregnant woman who subsequently died of an overdose.
Notice of Appeal Spring 2020 | JD Supra
Court Upholds Secrecy Of Grand Jury Subpoena Over First Amendment Challenge In re: Application of Subpoena 2018R00776 (January 10, 2020), No. 19-3124 http://www2.ca3.uscourts.gov/opinarch/193124p2.pdf Unanimous decision: Roth (writing), Restrepo, and Fisher Background A Company received a grand jury subpoena under the Stored Communications Act (“SCA”) seeking information about an employee of one of the Company’s customers, who was the target of a criminal investigation.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers (January 2020) | JD Supra
Supreme Court Refuses to Review Third Circuit’s Decision on Public Disclosure Bar PharMerica Corp. v. United States, ex rel. Silver (October 7, 2019), No. 18-1044 https://www.supremecourt.gov/orders/courtorders/100719zor_m648.pdf Denial of certiorari BACKGROUND Last fall, in United State ex rel. Silver v. Omnicare, Inc. (3d Cir. 2018), the Third Circuit addressed the False Claims Act’s public disclosure bar.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers - October 9, 2019. | JD Supra
Court Remands Habeas Petition for Evidentiary Hearing on Potential Constitutional Violations Simon v. Virgin Islands (July 9, 2019), No. 18-2755 http://www2.ca3.uscourts.gov/opinarch/182755p.pdf Unanimous decision: Rendell (writing), Smith, and Jordan BACKGROUND A jury convicted Defendant of burglary, robbery, and felony-murder.
Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar criminal lawyers - July 2019 | JD Supra
Court Overturns Narcotics Conviction for Lack of Evidence of Drug Quantity United States v. Rowe (April 2, 2019), No. 18-1192 http://www2.ca3.uscourts.gov/opinarch/181192p.pdf Unanimous decision: Fisher (writing), Smith, and McKee BACKGROUND A jury convicted Defendant for distribution and possession with intent to distribute 1000 grams of heroin. Defendant conceded that he sold 200 grams to a government cooperator, but he disputed at trial that he had possessed or distributed 1000 grams.
Notice of Appeal Spring 2019 | JD Supra
District Court Lacked Authority to Dismiss Indictment After Two Mistrials United States v. Wright (January 17, 2019), No. 17-1972 http://www2.ca3.uscourts.gov/opinarch/171972p.pdf Majority decision: Shwartz (writing) and McKee Dissent: Nygaard Background Defendant was twice tried before a jury for being a felon in possession of a firearm. Both trials ended in mistrials because neither jury could reach a verdict.
Notice of Appeal Winter 2019 | JD Supra
Third Circuit Holds Sixth Amendment Right to Counsel Applies Post-Sentencing Richardson v. Superintendent Coal Township SCI (October 2, 2018), No. 15-4105 http://www2.ca3.uscourts.gov/opinarch/154105p.pdf Unanimous decision: Bibas (writing), Jordan, and Scirica Background Defendant fired his lawyer during his sentencing hearing, but the judge did not ensure that Defendant’s waiver of his right to counsel was knowing and voluntary.
DOJ Issues Guidance Emphasizing Importance of Remedial Action to Corporate Monitorship Decisions | JD Supra
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High Court Decision on Sex Offender Law Could Affect Government Agencies
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas. Our Team Account subscription service are for legal teams of four or more attorneys.
Notice of Appeal - A Quarterly Review of Third Circuit Opinions for White-Collar Criminal Lawyers - October 2018 | JD Supra
Petitioner sued to enjoin the State of New Jersey from determining a defendant’s entitlement to pre-trial release through a risk-based system (in place of the old system of monetary bail). Petitioner, who was placed on house arrest while awaiting trial on aggravated assault charges, argued that he had a constitutional right to post monetary bail to secure his pretrial release.
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