B.H. v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013). The majority opinion in this en banc case, written by Judge Smith, begins as follows. “Once again, we are asked to find the balance between a student’s right ...
In re Lazy Days’ RV Center, Inc., 724 F.3d 418 (3d Cir. 2013). In this bankruptcy appeal, Judge Hardiman, writing for the panel, reversed a district court decision that had vacated an order of the Bankruptcy Court on the grounds ...
Lightner v. 1621 Route 22 West Operating Co., LLC, 729 F.3d 235 (3d Cir. 2013). This short decision by Judge Ambro addressed a narrow question: when does the mootness of an appeal call for the decision below, the subject of ...
In re Semcrude, L.P., 728 F.3d 314 (3d Cir. 2013). An egg cream is a fountain drink, associated primarily with New York City, whose ingredients include neither egg nor cream. As explained in this opinion by Judge Ambro, “equitable mootness” ...
Hayes v. Wal-Mart Stores, Inc., 725 F.3d 349 (3d Cir. 2013). In this consumer class action, the Third Circuit, in an opinion by Judge Scirica, vacated class certification. That decision rested largely on the fact that the district court had not had ...
Shelton v. Restaurant.com, Inc., 214 N.J. 419 (2013). [Disclosure: I argued this case in the Supreme Court for the successful plaintiffs]. This consumer protection case has had a long odyssey. Originally filed in the Law Division, Middlesex County, the case was then ...
The Third Circuit has announced that its 2014 Judicial Conference, open to both judges and attorneys, will take place at the Hershey Lodge in Hershey, PA on May 7-9, 2014. There will be Bench-Bar functions and 10-12 hours of continuing ...
Earlier this week, the Third Circuit unveiled its newly-redesigned website. The address remains the same, www.ca3.uscourts.gov. But the new site is more user friendly and contains more information. Check it out! ...
Yesterday, the Third Circuit issued an Order, which is effective tomorrow, May 1, that reduces the number of paper copies of briefs that must be filed. Currently, Local Appellate Rule 31.1 requires a total of ten paper copies (an original ...
By a 64-34 vote, the United States Senate today confirmed Magistrate Judge Shwartz to a seat on the Third Circuit Court of Appeals. Despite her undoubted credentials, and as was true at the Judiciary Committee as well, most Senate Republicans ...