Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff’s assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that argument. On appeal, the Third Circuit affirmed in an opinion ...
Mala v. Crown Bay Marina, Inc., 704 F.3d 239 (3d Cir. 2013). Plaintiff, a citizen of the Virgin Islands, refueled his powerboat at defendant’s fueling station. The boat’s tank overflowed with gasoline, and even though plaintiff tried to clean up the excess ...
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 ...
Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012). This class action case involved allegations that Volkswagen vehicles had defective sunroofs that allowed water to infiltrate into the interior of the vehicles. The parties reached a settlement that created two categories of ...
Sullivan v. DB Investments, Inc., 667 F.3d 273 (3d Cir. 2011). By a 7-2 vote, the Third Circuit, sitting en banc, disagreed with a panel decision (613 F.3d 134 (3d Cir. 2010)), vacated by the grant of en banc review) that had voided approval ...
Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011). The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state court to file removal papers within 30 days of the ...
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 ...
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 ...