Latest 2 Cases: Laurel Gardens, LLC v. McKenna (Civil Procedure), United States v. Tyson (Criminal Law)

You Have the Right to the Silent Treatment

SHERRY F. COLB

Cornell law professor Sherry F. Colb proposes the psychological effects of the “silent treatment” as a possible reason that arrested individuals who understand their Miranda rights nevertheless confess to the police. Rather than seeking to dispute or displace other explanations of the phenomenon, Colb suggests that when police leave a suspect alone in his cell, he may experience their exit as the silent treatment and confess as an attempt to end it.

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Laurel Gardens, LLC v. McKenna

Docket: 18-3758

Opinion Date: January 14, 2020

Judge: Cowen

Areas of Law: Civil Procedure

Plaintiffs sued 33 defendants, alleging “a widespread criminal enterprise ... involving numerous RICO [Racketeer Influenced and Corrupt Organizations Act] predicate acts," plus Pennsylvania law violations, asserting that the enterprise’s objective has been to inflict severe economic hardship to obstruct and discourage the plaintiffs from continuing in landscaping and snow removal services. The court dismissed the Iskens for lack of personal jurisdiction. The Iskens are Delaware residents and their business is a Delaware LLC with its principal place of business in Delaware. The Third Circuit vacated, holding that 18 U.S.C. 1965(b), not 18 U.S.C. 1965(d) (the general jurisdiction provision), governs the exercise of personal jurisdiction and that the plaintiffs satisfy the statutory (and constitutional) requirements for the district court to exercise such jurisdiction over the Iskens. When a civil RICO action is brought in a district court where personal jurisdiction can be established over at least one defendant, summonses can be served nationwide on other defendants if required by the ends of justice. The plaintiffs alleged a multi-state scheme implicating defendants from Delaware, New Jersey, and Virginia, but roughly half of the 33 defendants are Pennsylvania residents or Pennsylvania entities with their places of business in Pennsylvania. The exercise of personal jurisdiction over defendants from a neighboring state does not offend traditional notions of fair play and substantial justice.

United States v. Tyson

Docket: 18-3804

Opinion Date: January 14, 2020

Judge: Restrepo

Areas of Law: Criminal Law

Tyson contacted a 17-year-old female on Facebook to engage her in prostitution. He traveled from Pennsylvania to New York City, picked up the victim and her friend, took them to Harrisburg, Pennsylvania, then rented several rooms at a Motel 6. Phone records reveal that Harrisburg-area individuals contacted the victim to engage in commercial sexual activity. Law enforcement recovered the victim during a sting operation, interviewed her and reviewed her phone. They found a video of the victim performing oral sex on an adult male in a Motel 6 room. The man was identified as Tyson. Tyson was indicted for knowingly transporting a minor to engage in prostitution, 18 U.S.C. 2423(a) and producing child pornography, section 2251(a). Before trial, the court prohibited Tyson “from eliciting evidence to establish 'mistake of age’” and from asserting “mistake of age” as an affirmative defense. The court found that such evidence’s “probative value is substantially outweighed by a risk that the evidence will result in unfair prejudice, confuse the issues, or mislead the jury.” Tyson entered a plea agreement, with a recommendation that his sentences be served concurrently for a total of 180 months’ imprisonment. The Third Circuit affirmed. The statutes’ text, context, and history make it clear that knowledge of age is not an element and mistake of age is not a defense.