Judge Ambro has announced that he will take senior status, effective upon the confirmation of his successor. He is the third judge to do so during the term of President Biden (the others are Chief Judge Smith and former Chief ...
As of October 1, Judge Smith has succeeded Judge McKee as Chief Judge of the Third Circuit Court of Appeals. Judge McKee has been Chief Judge since 2010, succeeding Judge Scirica in that role. Judge McKee is thus, to date, the only ...
Chassen v. Fidelity Nat’l Financial, Inc., 836 F.3d 291 (3d Cir. 2016). [Disclosure: I was an expert witness for plaintiffs in this case, but my Declaration and deposition testimony was not the subject of, or referred to in, this opinion]. ...
Roberts v. Ferman, 826 F.3d 117 (3d Cir. 2016). Federal Rule of Appellate Procedure 10(c) deals with the circumstance in which a transcript of a District Court hearing or trial is unavailable. In such a case, the appellant “may prepare ...
PRBA Corp. v. HMS Host Toll Roads, Inc., 808 F.3d 221 (3d Cir. 2015). Plaintiff, which does business as Bare Exposure, operates a “gentleman’s club” in Atlantic City. The club advertises itself as “Atlantic City’s Only All Nude Entertainment.” Defendant ...
Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were “objective records” that could “readily identify” class members. Indeed, defendant’s own records revealed the computers on ...
In re National Football League Players Concussion Injury Litigation, 775 F.3d 570 (3d Cir. 2014). Federal Rule of Civil Procedure 23(f) states that “[a] court of appeals may permit an appeal from an order granting or denying class-action certification” upon ...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff or defendant, to petition for review of the district court’s ...
B.H. v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013). The majority opinion in this en banc case, written by Judge Smith, begins as follows. “Once again, we are asked to find the balance between a student’s right ...
Here is another guest post from Jeffrey A. Shooman, who was then my colleague at Lite DePalma Greenberg, LLC, on an important criminal law decision of the Third Circuit: United States v. Davis, 726F.3d 434 (3d Cir. 2013). The admission ...