Thorpe v. Borough of Jim Thorpe, 770 F.3d 255 (3d Cir. 2014). Jim Thorpe was one of the greatest athletes of the twentieth century. He won Olympic medals in 1912 and played both professional football and baseball. When he died in 1953, his ...
Flintkote Company v. Aviva PLC, 769 F.3d 215 (3d Cir. 2014). Efforts to force arbitration on parties who did not agree to it continue. In this case, however, the Third Circuit, speaking through Judge Vanaskie, refused to allow that. Plaintiff ...
Freidrich v. Davis, 767 F.3d 374 (3d Cir. 2014). Plaintiff and defendant were both passengers on a plane from Philadelphia to Germany. Plaintiff alleged that, during the flight, defendant, while waiting in line to use the restroom, fell on her and broke ...
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. ...
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 ...
Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals,, Inc., 765 F.3d 205 (3d Cir. 2014). Plaintiff Ferring and defendant Watson (now known as Actavis, Inc.) are competing pharmaceutical companies. Each company markets a prescription progesterone product. Watson presented a webcast for medical ...
The Committee on Rules of Practice and Procedure of the Judicial Conference of the United States has proposed amendments to various sets of federal procedural rules. The entire set of proposals can be viewed here. Of particular interest to appellate ...
Dwyer v. Cappell, 762 F.3d 275 (3d Cir. 2014). Andrew Dwyer is a lawyer who handles plaintiffs’ employment law litigation. Evidently, some judges have said favorable things about him in opinions that awarded him fees under the New Jersey Law ...
Lupyan v. Corinthian Colleges, Inc., 761 F.3d 314 (3d Cir. 2014). Even in these days of electronic filing, Twitter, Facebook, and other electronic means of communicating, some communications still go by mail. This opinion by Chief Judge McKee under the Family ...
Opalinski v. Robert Half Int’l Inc., 761 F.3d 314 (3d Cir. 2014). In this case under the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), plaintiffs signed employment agreements that contained an arbitration clause. That clause stated that “[a]ny ...