Courts & Litigation

Essintial Enterprise Solutions LLC v. SBA - PPP Loan Forgiveness

The Third Circuit Court of Appeals reversed a lower court's decision, ruling that payments to independent contractors do not qualify as "payroll costs" for Paycheck Protection Program (PPP) loan forgiveness. This decision impacts how businesses that utilized PPP loans can claim forgiveness.

Abramowski v. Nuvei Corp - Court rejects tendered shares

The U.S. Court of Appeals for the Third Circuit affirmed a lower court's decision dismissing a lawsuit by shareholders who claimed Nuvei Corp. violated the SEC's Best Price Rule by rejecting their tendered shares. The court found the Best Price Rule is silent on whether tender offerors can enforce restrictions on tendered shares.

Knieling v. Fook - Maritime Injury Appeal

The Third Circuit Court of Appeals affirmed a lower court's decision in Knieling v. Fook, ruling that an injured seaman cannot recover future medical expenses if it is unclear what future treatments she may receive. The court upheld the award for past medical expenses and pain and suffering but denied future claims pending further clarity.

Defense Distributed v. NJ Attorney General - 3D-Printed Ghost Guns & First Amendment

The Third Circuit Court of Appeals ruled that purely functional computer code, such as that used to 3D-print firearms, may not be protected by the First Amendment. The court affirmed the dismissal of a lawsuit challenging New Jersey's prohibition on distributing such digital files to unlicensed individuals.

DLJ Mortgage Capital, Inc. v. Stevens - Foreclosure Appeal

The Third Circuit Court of Appeals affirmed a district court's decision in a foreclosure case involving DLJ Mortgage Capital, Inc. and the heirs of Carlton Stevens. The court found that the heirs forfeited their affirmative defenses by failing to raise them in response to a summary judgment motion.

Parker v. Spanberger - Appeal Dismissed for Lack of Jurisdiction

The Fourth Circuit Court of Appeals dismissed an appeal filed by Ray Elbert Parker against state and federal officials. The court found it lacked jurisdiction because the order Parker sought to appeal was neither a final nor an appealable interlocutory or collateral order, and Parker consented to the dismissal of his claims.

Kyeem King v. State of Maryland - Affirmation of District Court Order

The Fourth Circuit Court of Appeals affirmed in part and dismissed in part the appeal of Kyeem King. The court affirmed the district court's denial of King's motion for bail or release and dismissed the remainder of the appeal for lack of jurisdiction. This unpublished opinion does not set precedent.

US v. Michael Brandon - Criminal Appeal

The Fourth Circuit Court of Appeals affirmed a conviction for possession of a firearm in furtherance of a drug trafficking crime. The court found that the good-faith exception to the exclusionary rule applied, even if the initial traffic stop lacked reasonable suspicion.

Nawal Ali v. BC Architects Engineers, PLC - Employment Discrimination Appeal

The Fourth Circuit reversed a district court's decision to sanction Nawal Ali's counsel for approximately $57,000 in an employment discrimination lawsuit. The appellate court found that the district court abused its discretion in imposing sanctions, concluding that the counsel did not unreasonably multiply proceedings.

Winslow v. Commonwealth of Virginia - Civil Action Appeal

The Fourth Circuit Court of Appeals affirmed a district court's order dismissing a civil action for lack of subject matter jurisdiction and denying a motion for injunctive relief. The unpublished opinion noted that such opinions are not binding precedent.