, 707 F.3d 223 (3d Cir. 2013). This is an antitrust standing case. The Third Circuit’s opinion, written by Judge Jordan, found that plaintiff had no antitrust standing. From an appellate practice perspective, though, the opinion contains two important principles, one of ...
Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant’s fueling station. The boat’s tank overflowed with gasoline, and even though plaintiff tried to clean up the excess ...
Yesterday, President Obama resubmitted the nomination of Judge Shwartz for a seat on the Third Circuit Court of Appeals, one of 33 judicial renominations (and one of seven Circuit Court renominations) that he announced. Senator Menendez, who originally held up her nomination, ...
The Supreme Court of the United States has granted certiorari to review the decision of the Third Circuit Court of Appeals in Sutter v. Oxford Health Plans, 675 F.3d 215 (3d Cir. 2012). The Third Circuit’s decision is discussed here. ...
Benjamin v. Pennsylvania Dep’t of Public Welfare, 701 F.3d 938 (3d Cir. 2012). In this class action brought by persons with mental retardation who reside in intermediate care facilities operated by defendants, the issue was whether other intermediate care facility residents could ...
In re Arthur Baldwin, 700 F.3d 122 (3d Cir. 2012). This was an adversary proceeding in bankruptcy, involving claims of breach of the fiduciary duty of care and loyalty, and deepening insolvency, against sixteen former officers and directors of the debtor, a ...
Bellevue Drug Co. v. Caremark SPCS, 700 F.3d 109 (3d Cir. 2012). This was an antitrust class action. Plaintiffs, who are retail pharmacy businesses, and defendant, who is a prescription benefits manager for drug benefit plans, entered into written agreements under which plaintiffs would provide prescription ...
The Third Circuit has issued the attached Notice to Counsel, which covers two subjects. First, the Court states that “[m]otions for extension of time to file a brief or to otherwise comply with the rules are disfavored. Motions seeking lengthy extensions and repeated motions ...
Giles v. Campbell, 698 F.3d 153 (3d Cir. 2012). Federal Rule of Civil Procedure 25 addresses what happens when a party dies during the pendency of a case. Plaintiff, a Delaware prisoner, brought excessive force claims against corrections officers, including ...
ZF Meritor, LLC v. Eaton Corp., 696 F.3d 254 (3d Cir. 2012). This is a rare antitrust case that went to trial and resulted in a plaintiffs’ verdict. The 2-1 decision of the Third Circuit, with the majority opinion by ...