Seven County Infrastructure Coalition et Al. V. Eagle County, Colorado, et Al., No. 23-975, decided (U.S. Supreme Ct., May 29, 2025) (Kavanaugh, J.) JUSTICE KAVANAUGH Delivered the opinion of the Court. Some 55 years ago, Congress passed and President Nixon signed the National Environmental Policy Act, known as NEPA. For certain infrastructure projects that are […]

Child.’s Health Def., Inc. v. Rutgers, 2024 U.S. App. LEXIS 3560 (3rd Cir. February 15, 2024) (Krause, C.J.). Students challenge vaccine mandate. Without the vaccination, students were not allowed to return to Rutgers. There were exemptions to the mandate. Those exemptions included students with bona fide religious belief or practices. But even they had certain […]

O’Keefe v. Lehigh Univ., 2024 U.S. App. LEXIS 853 (3d Cir. January 12, 2024) (Krause, C.J.). After being arrested for public drunkenness, in violation of 18 Pa. Cons. Stat. § 5505, and later expelled from Lehigh University, Brendan O’Keefe sued two Lehigh University Police Department (LUPD) officers and the University for assault and battery and […]

– Clemens v. ExecuPharm Inc., 2022 U.S. App. LEXIS 24808 (September 2, 2022) (Greenaway, Jr., C.J.)  In this appeal, Jennifer Clemens asks us to reverse the District Court’s dismissal of her complaint seeking equitable and monetary relief in connection with a data breach that resulted in the publication of her sensitive personal information on the […]

Kelly v. Realpage Inc., 2022 U.S. App. LEXIS 23683 (3rd Cir. August 24, 2022) (Krause, C.J.)  In late 2018, Appellants Kevin Kelly and Karriem Bey found themselves in just the sort of frustrating predicament the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681 et seq., was designed to avoid. Their rental applications were denied based on […]

PPG Indus. v. Jiangsu Tie Mao Glass Co., 2022 U.S. App. LEXIS 24411 (3rd Cir. August 30, 2022) (Jordan, J.)  Under the Uniform Trade Secrets Act, including Pennsylvania’s version of that statute, it can be appropriate to measure unjust enrichment from a misappropriated trade secret by looking at development costs that were avoided but would […]

Milan v. Shenango Presbyterian Seniorcare, 2022 U.S. Dist. LEXIS 151447 (W.D. Pa. August 23, 2022) (Ranjan, J.)  Plaintiff John Milan, by and through his Attorney-in-Fact, Sandra Lee Boyd, first filed this action in the Court of Common Pleas of Lawrence County, Pennsylvania. Plaintiff asserts a state-law negligence claim against Defendants arising from their neglect while […]

Biden v. Texas, 2022 U.S. LEXIS 3269 (S. Ct. June 30, 2022) (Roberts, C.J.)  In January 2019, the Department of Homeland Security—under the administration of President Trump—established the Migrant Protection Protocols. That program provided for the return to Mexico of non-Mexican aliens who had been detained attempting to enter the United States illegally from Mexico. […]

West Virginia v. Environmental Protection Agency, 2022 U.S. LEXIS 3268 (S. Ct. June 30, 2022) (Roberts, C.J.)  The Clean Air Act authorizes the Environmental Protection Agency to regulate power plants by setting a “standard of performance” for their emission of certain pollutants into the air. 84 Stat. 1683, 42 U. S. C. §7411(a)(1). That standard may be different […]