Erie Molded Plastics, Inc. v. Nogah, LLC, 2013 U.S. App. LEXIS 5991 (3d Cir. March 26, 2013). In a commercial case, defendant advised its attorneys that it would no longer pay them and would soon file for bankruptcy. The attorneys ...
Wiest v. Lynch, 701 F.3d 121 (3d Cir. 2013). This is a very interesting case brought under the whistleblower protections of the Sarbanes-Oxley Act, 18 U.S.C. §1514A, and Pennsylvania law. The Third Circuit, voting 2-1, reversed in part a summary that had been ...
On February 14, this blog reported on an article documenting a substantial decline in oral arguments in appeals before the Third Circuit Court of Appeals. The statistics reported in that article were current through September 30, 2011. Meanwhile, statistics through September ...
Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff’s assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that argument. On appeal, the Third Circuit affirmed in an opinion ...
Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d 142 (3d Cir. 2013). The Fair Debt Collection Practices Act, 15 U.S.C. §1692g (“FDCPA”), requires debt collectors to include in collection letters a “debt validation notice” that advises the debtor of the right to ...
Interstate Outdoor Advertising, L.P. v. Mt. Laurel Tp. Bd. of Adj., 706 F.3d 527 (3d Cir. 2013). The Township of Mount Laurel, best known for its role in a series of affordable housing cases named for the Township, enacted an expressly content-neutral ...
Earlier today, the Senate Judiciary Committee approved the nomination of Judge Shwartz for a seat on the Third Circuit Court of Appeals. The vote was 11-7, almost entirely on party lines. All Democrats and Sen. Lindsey Graham (R-SC) voted in ...
Howard Bashman, who writes the How Appealing blog, has written a very instructive article about how oral argument in the Third Circuit has become increasingly rare since the court year that ended on September 30, 2002. That article can be found here. ...
Association New Jersey Rifle & Pistol Clubs v. Governor of the State of New Jersey, 707 F.3d 238 (3d Cir. 2013). In this opinion by Judge Sloviter, the Third Circuit deservedly gave the back of its hand to arguments by a gun ...
In re Diet Drugs, 706 F.3d 217 (3d Cir. 2013). This is the latest of the many chapters in the Diet Drugs class action litigation, which was the subject of a global settlement in 1999. A pair of class members, the Cauthens, sought ...