Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for drug benefit plans, entered into written agreements under which plaintiffs would provide prescription ...
The Third Circuit has issued the attached Notice to Counsel, which covers two subjects. First, the Court states that “[m]otions for extension of time to file a brief or to otherwise comply with the rules are disfavored. Motions seeking lengthy extensions and repeated motions ...
HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012). Last year, the Third Circuit decided a case about the inacessibility of SEPTA rail stations in Philadelphia. This case ...
An opinion issued late last week by the Sixth Circuit began by saying “When a party comes to us with nine grounds for reversing the district court, that usually means there are none.” The opinion then went on to reject all the ...
Ragguette v. Premier Wines & Spirits, 691 F.3d 315 (3d Cir. 2012). Federal Rule of Appellate Procedure 4(a)(5) allows an extension of time to file a notice of appeal upon a showing of “excusable neglect.” This decision by Judge Cowen finds ...
Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act (“FLSA”) decision, written by Judge Smith, rejects a collective action under the FLSA and affirms the district court’s dismissal of plaintiff’s claims on the merits. The ...
A panel of three Ninth Circuit Court of Appeals judges offered their tips for appellate practitioners. Those perspectives are available here. Many of the tips are, or should be, familiar ones. But the fact that these thoughts come from the ...
House of Fire Christian Church v. Clifton Bd. of Adj., 426 N.J. Super. 157 (App. Div. 2012). The Appellate Division has repeatedly admonished parties, attorneys, and trial level judges that it is improper to certify as final, under Rule 4:42-2, an order that is purely ...
The NJSBA Annual Meeting in Atlantic City featured a program today on the “nuts and bolts” of appellate practice. The panel of speakers was headed by Judges Carchman and Messano. Naturally, many of the “nuts and bolts” were the kinds ...
Yesterday’s New York Times contained a column by Adam Liptak, who covers the Supreme Court of the United States, entitled “Are Oral Arguments Worth Arguing About?” That column makes the point that, ultimately, whether an appellate oral advocate delivers his ...