State Nat’l Ins. Co. v. County of Camden, 824 F.3d 399 (3d Cir. 2016). The case underlying today’s 2-1 decision involved claims of legal malpractice. The procedural history was a tortuous one. Ultimately, applying a “strict” view of a number ...
In re Community Bank of Northern Virginia Mortgage Lending Practices Litigation, 795 F.3d 380 (3d Cir. 2015). Every five years, the Third Circuit issues an opinion on class certification in this protracted class action case. See In re Community Bank ...
Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The general rule is that judicial decisions are retroactive, not prospective ...
Dewey v. Volkswagen, A.G., 2014 U.S. App. LEXIS 2596 (3d Cir. Feb. 12, 2014). In Dewey v. Volkswagen, A.G., 681 F.3d 170 (3d Cir. 2012), the Third Circuit reversed approval of a class action settlement in a case involving allegedly ...
In re Diet Drugs, 706 F.3d 217 (3d Cir. 2013). This is the latest of the many chapters in the Diet Drugs class action litigation, which was the subject of a global settlement in 1999. A pair of class members, the Cauthens, sought ...
, 707 F.3d 223 (3d Cir. 2013). This is an antitrust standing case. The Third Circuit’s opinion, written by Judge Jordan, found that plaintiff had no antitrust standing. From an appellate practice perspective, though, the opinion contains two important principles, one 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 ...
Litman v. Cellco Partnership, 655 F.3d 225 (3d Cir. 2011). In AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011), a 5-4 majority of the Supreme Court of the United States rejected a California rule that often invalidated class action waivers in ...