Tri-M Group, LLC v. Sharp, 638 F.3d 406 (3d Cir. 2011). In this case, the Third Circuit affirmed a district court ruling that Delaware’s Prevailing Wage Regulations unlawfully discriminated against out-of-state contractors, in violation of the dormant Commerce Clause. For appellate practitioners, ...
Disabled in Action of Pennsylvania v. SEPTA, 635 F.3d 87 (3d Cir. 2011). The Americans with Disabilities Act (“ADA”), a federal statute, by definition applies nationwide. As a result, the Third Circuit’s decision in this case, which involves a complaint that portions of the public ...
Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011). It’s not often that a case from the Virgin Islands affects the law of appellate practice in the Third Circuit generally. This case, however, deals with two important appellate ...
Einhorn v. M.L. Ruberton Const. Co., 632 F.3d 89 (3d Cir. 2011). When two firms merge, the successor firm may be liable for delinquent ERISA fund contributions of the predecessor. But where one entity buys the assets of another, liability “is not well settled,” ...
Allen v. LaSalle Bank, N.A., 629 F.3d 364 (3d Cir. 2011). Circuit Courts outside the Third Circuit have split on the question of whether a communication from a debt collector to a consumer’s attorney, as opposed to the consumer himself or herself, ...
Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011). This was a group of appeals in a Virgin Islands case that involved, among other things, copyright, Lanham Act, and common law claims, including a claim for tortuous interference. (Yes, the ...
Cooper University Hospital v. Sebelius, 396 Fed. Appx. 854 (3d Cir. Oct. 12, 2010). It is rare for a published Third Circuit decision simply to adopt an opinion of the district court. Here, however, Judge Barry, writing for a unanimous Third Circuit ...
In re Kane, 628 F.3d 631 (3d Cir. 2010). It is rare to see a Third Circuit opinion, especially a precedential decision, with two pro se parties. This was such a case. The key issue was whether Mr. Kane’s estranged wife was ...
In re Pet Food Products Liability Litigation, 629 F.3d 333 (3d Cir. 2010). This lengthy opinion affirms the certification of a settlement class but reverses the approval of the settlement in one relatively limited respect. [Disclosure: My firm, Lite DePalma Greenberg, LLC, ...
West Penn Allegheny Health System, Inc. v. UPMC, 627 F.3d 85 (3d Cir. 2010). The standards for a motion to dismiss for failure to state a claim under New Jersey’s Rule 4:6-2(e) make it very difficult for such motions to succeed. See, e.g., ...