Jefferson v. Lias, ___ F.4th ___ (3d Cir. 2021). Back in 2019, this post discussed a circumstance where two of the three judges on a Third Circuit panel filed an opinion concurring in the panel’s unanimous opinion, of which those ...

Though the Supreme Court of New Jersey and the Appellate Division are only just beginning to ramp up in the new Term, the Third Circuit has been pumping out published opinions in bulk, as it did late in August. Here ...

Even as the Appellate Division wound down the number of its published opinions in the second half of August, the Third Circuit seemed to rev up its publication of opinions. From August 14 through August 29, the court published thirteen ...

Susko v. Borough of Belmar, 458 N.J. Super. 583 (App. Div. 2019); Curto v. A Country Place Condominium Association, 921 F.3d 405 (3d Cir. 2019).  Yesterday, while I was in or traveling to and from court for most of the ...

Robinson v. First State Community Action Agency, 920 F.3d 182 (3d Cir. 2019).  This opinion by Judge Fuentes today affirms a plaintiff’s verdict in a jury trial under the Americans With Disabilities Act (“ADA”).  Plaintiff and defendant, who is plaintiff’s ...

Yesterday, the Senate voted 54-43 to confirm Paul Matey to a seat on the Third Circuit.  The vote largely followed party lines, with Senator Joe Manchin (D- WV) the only Democrat to vote in favor of the nomination.  The Senate ...

This time of the year there are slim pickings in terms of published opinions of the Supreme Court of New Jersey or the Appellate Division.  Even unpublished Appellate Division opinions slow to a trickle.  And, of course, the Supreme Court ...

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 ...

Aliments Krispy Kernels, Inc. v. Nichols Farms, 851 F.3d 283 (3d Cir. 2017).  The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the District Court vacating an arbitration award that had been issued ...

Carroll v. Delaware River Port Authority, 843 F.3d 129 (3d Cir. 2016).  28 U.S.C. §1292(b) permits a District Court to certify a question of law to a Court of Appeals for resolution.  The Court of Appeals must consent to decide ...