Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The general rule is that judicial decisions are retroactive, not prospective ...
In re Blood Reagents Antitrust Litigation, 783 F.3d 183 (3d Cir. 2015). In Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), discussed here, the Supreme Court reversed the 2011 decision of the Third Circuit in Behrend. In that decision, the ...
McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a passenger to provide security) employed by defendant (“Eastern”), an armored ...
Cottillion v. United Refining Co., 781 F.3d 47 (3d Cir. 2015). This opinion by Judge Ambro, issued today, affirmed a summary judgment in favor of plaintiffs and a class in an Employment Retirement Income Security Act (“ERISA”) case. This post, ...
Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule 23(b)(3), the Third Circuit manufactured a wholly new and onerous requirement ...
In re National Football League Players Concussion Injury Litigation, 775 F.3d 570 (3d Cir. 2014). Federal Rule of Civil Procedure 23(f) states that “[a] court of appeals may permit an appeal from an order granting or denying class-action certification” upon ...
Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative class action need not contain evidence to support a claim that ...
Grandalski v. Quest Diagnostics, Inc., 767 F.3d 175 (3d Cir. 2014). Plaintiffs filed a putative class action in which they alleged that defendant, a company that performs medical lab tests, had overbilled patients in violation of state consumer protection laws. ...
The 18th Annual American Bar Association Class Actions Institute will take place on October 23 and 24 at theWit Hotel in Chicago. The full brochure for the Institute can be found here. The faculty includes not only luminaries from the plaintiffs’ and ...
Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014). The Fair Debt Collection Practices Act, 15 U.S.C. §1692f(8) (“FDCPA”), forbids debt collectors from putting on the envelopes of debt collection letters “any language or symbol, other than the debt ...