Chief Judge Smith announced that he will be stepping down as Chief Judge. He will shortly reach age 70, the age limit for serving as Chief Judge of the Third Circuit Court of Appeals. Judge Smith did not say exactly ...
Komis v. Secretary of the United States Department of Labor, 918 F.3d 289 (3d Cir. 2019). This opinion by Judge Scirica today affirmed the result of a jury trial in this Title VII retaliation and retaliatory hostile work environment case. ...
United States v. Baroni, 909 F.3d 550 (3d Cir. 2018). In a unanimous opinion by Judge Scirica today, the Third Circuit upheld the convictions of “Bridgegate” defendants Bill Baroni and Bridget Kelly on charges of conspiracy to obtain by fraud, ...
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 ...
Halley v. Honeywell International, Inc., 861 F.3d 481 (3d Cir. 2017). This was an environmental contamination class action involving lands in Jersey City, New Jersey. After “five years of extensive fact discovery produced little evidence that liability could be established,” ...
Weitzner v. Sanofi Pasteur, Inc., 819 F.3d 61 (3d Cir. 2016). Earlier this year, in Campbell-Ewald Co. v. Gomez, 136 S.Ct. 663 (2016), discussed here, the Supreme Court of the United States rejected an attempt by a class action defendant ...
My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important decisions by the federal and state appellate courts. Some of ...
In re Blood Reagents Antitrust Litigation, 783 F.3d 183 (3d Cir. 2015). In Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), discussed here, the Supreme Court reversed the 2011 decision of the Third Circuit in Behrend. In that decision, the ...
Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014). The Fair Debt Collection Practices Act, 15 U.S.C. §1692f(8) (“FDCPA”), forbids debt collectors from putting on the envelopes of debt collection letters “any language or symbol, other than the debt ...
Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013). In Marcus v. BMW of North America, Inc., 687 F.3d 583 (3d Cir. 2012), the Third Circuit embarked on a very dangerous path in addressing the obligation of a putative class action plaintiff ...