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, ...
At his CA3Blog today, Matthew Stiegler has this detailed analysis of the eighteen en banc decisions that the Third Circuit has issued since Chief Judge McKee became Chief Judge in 2010. The blog post breaks down the judges’ votes in those cases, places the ...
Carlyle Investment Management LLC v. Moonmouth Company SA, 779 F.3d 214 (3d Cir. 2015). Parties can, and often do, include forum selection clauses in their contracts. Such clauses are frequently found to be enforceable. But can such clauses by enforced ...
Last Thursday, I argued an appeal in the Third Circuit before Judges Chagares, Jordan, and Vanaskie. Ours was the second of two appeals to be argued that day. At the end of the first argument, a criminal case, Judge Chagares, ...
The Third Circuit has proposed a set of Rules of Attorney Discipline Enforcement for public comment. The text of the proposed rules can be found here. In summary, the proposal provides for discipline for attorneys who are convicted of “a ...
Hargrove v. Sleepy’s, LLC, 220 N.J. 289 (2015). Today, speaking through Judge Cuff, the Supreme Court issued an opinion on a certified question posed to the Court by the Third Circuit Court of Appeals. The question posed was “Under New ...
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 ...
Ricketti v. Barry, 775 F.3d 661 (3d Cir. 2015). State court judges see a lot of New Jersey’s entire controversy doctrine (“ECD”). Some federal judges, not so much. This opinion, issued yesterday by the Third Circuit, reversed a dismissal of ...
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 ...
Rule 2:6-10, which addresses the format of appellate briefs, states (among other things) that Supreme Court of New Jersey and Appellate Division briefs “shall contain no more than 26 double-spaced lines of no more than 65 characters including spaces, each of ...