Nichole Medical Equipment & Supply, Inc. v. Tri-Centurion, Inc., 694 F.3d 340 (3d Cir. 2012). Some posts on this blog have much substantive content. This one does not. Though this opinion by Chief Judge McKee is about Medicare issues, doubtless ...
HIP Heightened Independence and Progress, Inc. v. The Port Authority of New York and New Jersey, 693 F.3d 345 (3d Cir. 2012). Last year, the Third Circuit decided a case about the inacessibility of SEPTA rail stations in Philadelphia. This case ...
United States v. Stoerr, 695 F.3d 271 (3d Cir. 2012). Defendant was convicted of participating in bid-rigging and receiving kickbacks while employed at Sevenson Environmental Services, Inc. (“Sevenson”). Sevenson, which was not a party to the criminal proceedings, voluntarily compensated ...
Marcus v. BMW of North America, Inc., 687 F.3d 583 (3d Cir. 2012). “Run-flat” tires (“RFT’s”) are automobile tires that can, as their name implies, continue to run for 50 to 150 miles, at 50 miles per hour, even when ...
Ragguette v. Premier Wines & Spirits, 691 F.3d 315 (3d Cir. 2012). Federal Rule of Appellate Procedure 4(a)(5) allows an extension of time to file a notice of appeal upon a showing of “excusable neglect.” This decision by Judge Cowen finds ...
Zavala v. Wal Mart Stores, Inc.., 691 F.3d 527 (3d Cir. 2012). This Fair Labor Standards Act (“FLSA”) decision, written by Judge Smith, rejects a collective action under the FLSA and affirms the district court’s dismissal of plaintiff’s claims on the merits. The ...
In re Michael Calabrese, Jr., 689 F.3d 312 (3d Cir. 2012). Most issues of statutory interpretation can be resolved either by the plain language of the statute, by an analysis of legislative history, or by persuasive decisions of other courts on ...
United States v. Kennedy, 682 F.3d 244 (3d Cir. 2012). In this decision, issued today and discussed here on a different subject, the Third Circuit sternly reprimanded a District of New Jersey judge for failing to obey the mandate of the Court ...
In decisions by two different Third Circuit panels today, in two different criminal cases, the court reversed the same District of New Jersey judge and remanded the cases for reassignment to a different judge. United States v. Bergrin, 682 F.3d 261 (3d ...
Elliott v. Archdiocese of New York, 682 F.3d 213 (3d Cir. 2012). Federal Rule of Civil Procedure 54(b) states that a district court may direct entry of a final judgment as to fewer than all claims or parties, which would allow an ...