MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today’s case, a putative class action in which Judge Shwartz wrote a wise ...
Joyce v. Maersk Line Ltd., 876 F.3d 502 (3d Cir. 2017). Today’s decision by Judge Jordan for a unanimous en banc court began with a pun and continued as follows: “Today we stop swimming against the tide of opinion on ...
Stephanos Bibas is a Professor of Law and Criminology at the University of Pennsylvania Law School. He is a graduate of Yale Law School and has other degrees from Columbia and Oxford. Following his graduation from law school, Professor Bibas ...
Cottrell v. Alcon Laboratories, 874 F.3d 154 (3d Cir. 2017). Eye drops can be helpful to many people, but putting drops in one’s eyes is unpleasant at many levels. One of those levels– that prescription eye drop medication is delivered ...
Collins v. Mary Kay, Inc., 874 F.3d 176 (3d Cir. 2017). This opinion of the Third Circuit today, written by Judge Restrepo, answers what he called “a layered choice-of-law question: what law governs the interpretation of a forum selection clause ...
City Select Auto Sales, Inc. v. BMW Bank of North America Inc., 867 F.3d 434 (3d Cir. 2017). Judge Scirica, who wrote the Hayes and Carrera opinions that form the backbone of the Third Circuit’s ascertainability doctrine in class action ...
In re Lipitor Antitrust Litig., 868 F.3d 231 (3d Cir. 2017). It is evident that an appeal is a big one when, as here, the caption and counsel list consume the first seventeen pages of the Third Circuit’s opinion. In ...
When Are Federal and State Court Cases “Parallel Proceedings” for Declaratory Judgment Act Purposes?
Kelly v. Maxum Specialty Ins. Group, 868 F.3d 274 (3d Cir. 2017). Judge Chagares began one of the early paragraphs of today’s opinion for the Third Circuit in this Declaratory Judgment Act, 28 U.S.C. §2201-2202 (“DJA”), case this way: “Whether a ...
Moon v. Breathless, Inc., 868 F.3d 209 (3d Cir. 2017). At least since 2014, when the Supreme Court of New Jersey decided Atalese v. U.S. Legal Servs. Grp., L.P., 219 N.J. 430 (2014) (discussed here), New Jersey law has been ...
In re Howmedica Osteonics Corp., 867 F.3d 390 (3d Cir. 2017). Today’s opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver, forum selection clauses, section 1404 transfer law, necessary party law, ...