Oakwood Laboratories, LLC v. Thanoo, ___ F.3d ___ (3d Cir. 2021). Judge Jordan wrote this opinion. This was a trade secret case that also involved other claims. “More than two years and four iterations of its complaint later, Oakwood was ...
Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court for the Middle District of Pennsylvania. The MDL consolidated cases ...
Moyer v. Patenaude & Felix, A.P.C., ___ F.3d ___ (3d Cir. 2021); Klotz v. Celentano Stadtmauer and Walentowicz LLP, ___ F.3d ___ (3d Cir. 2021). These two opinions, both by Judge Porter, came from two different panels, of which Judge ...
Chief Judge Smith issued a Standing Order Regarding Highly Sensitive Documents. It is available here. The Standing Order creates new procedures for materials defined therein as “Highly Sensitive Documents” (“HSD”). Such documents are those “involving: (1) Title III applications; (2) ...
The Supreme Court announced that it has granted review in three new cases. Two are criminal appeals and the third involves two questions certified by the Third Circuit. The Supreme Court declined one question but agreed to answer the other. ...
Wilson v. Director, Office of Workers Compensation Programs, United States Dep’t of Labor, ___ F.3d ___ (3d Cir. 2020). The final published opinion of the Third Circuit in 2020 was a case in which plaintiff, a maritime construction worker on ...
Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...
United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is the failure to assert an argument in timely fashion, without ...
MZM Construction Co., Inc. v. New Jersey Building Laborers Statewide Benefit Funds, 974 F.3d 386 (3d Cir. 2020). Decisions about arbitration just keep on coming, from both New Jersey and federal courts. This latest opinion, by Judge Restrepo, addresses what ...
Hargrove v. Sleepy’s Inc., 974 F.3d 467 (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit’s unique interpretation of the idea that a class must be ascertainable in order to ...