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U.S. Third Circuit

Supreme Court Steps In on Pennsylvania Fight Over Mail-In Ballots

By Laura Temme, Esq.

This week, the U.S. Supreme Court issued an emergency stay in an ongoing fight over undated mail-in ballots. On May 27, the U.S. Third Circuit Court of Appeals held that election officials in Pennsylvania should count mail-in ballots missing a required date on the outer envelope if they were "indisputably received" before the deadline. But on May 31, Justice Samuel Alito, who oversees the Third Circuit and recently made headlines with his leaked draft opinion overturning Roe v. Wade, released a two-sentence order putting the Third Circuit's decision on hold.

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McDonald's Broken Ice Cream Machines Lead to "Right to Repair" Lawsuit

By Joseph Fawbush, Esq.

The most common complaint McDonald's receives online is over their often-broken ice cream machines. The problem has even led to a website that claims to keep track of which McDonald's ice cream machines are broken throughout the country in real time.

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Third Circuit Holds Universities Can Be Liable for Actions of Non-Students Under Title IX

By Laura Temme, Esq.

The Third Circuit Court of Appeals recently reversed and remanded a Title IX case involving a murder in a college dorm in Pennsylvania. The decision sets an important new precedent: A university may be held liable under Title IX for actions by non-students.

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Third Circuit Snuffs Out Philadelphia Ban on Flavored Tobacco Products

By Laura Temme, Esq.

The Third Circuit Court of Appeals recently held Philadelphia's attempt to curb tobacco use among minors was preempted by state law.

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3rd Circuit: Proposed Drug Safehouse in Philadelphia Violates Federal Law

By Joseph Fawbush, Esq.

While everyone agrees that the opioid crisis is causing significant harm to individuals, families, and communities across the nation, people disagree on the right response to reducing drug dependence. So far, unfortunately, little progress is being made. Over a hundred people die from a drug overdose every day. Countless more suffer job loss, broken relationships, and negative health consequences from opioid use.

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Federal Judge Finds Pennsylvania COVID-19 Restrictions Unconstitutional

By Laura Temme, Esq.

Pennsylvanians upset about having to stay at home due to COVID-19 can get out their party hats, thanks to a decision by a federal judge. U.S. District Judge William Stickman IV, a Trump appointee, has ruled that Governor Tom Wolf's emergency orders regarding the coronavirus violate residents' rights under the First and Fourteenth Amendments. The decision overturns the state's stay-at-home order, restrictions on gatherings, and closing of "non-life-sustaining" businesses.

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