In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids, sued its manufacturer (“Reckitt”) for what Judge Shwartz summarized as ...
Bacon v. Avis Budget Group, Inc., 959 F.3d 590 (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together, “Payless”), in the United States and in Costa Rica. In ...
United States v. Bruce, 950 F.3d 173 (3d Cir. 2020). The “non-delegation” doctrine, used by the Supreme Court of the United States in the 1930’s to void certain aspects of the New Deal, has been receiving renewed attention lately, especially ...
Yesterday’s post noted that the Third Circuit has published a number of opinions in recent days. Here are summaries of some more of those opinions, all of which emanate from the District of New Jersey: In re Remicade (Direct Purchaser) ...
A major Appellate Division argument, appellate briefing, and other work has interfered with keeping up with the courts during December. So it’s time for one of this blog’s periodic “catch-up” posts. Here, in summary, is some of what the Supreme ...
MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today’s case, a putative class action in which Judge Shwartz wrote a wise ...
In re Horizon Healthcare Services Inc. Data Breach Litig., 846 F.3d 625 (3d Cir. 2017). [Dislcosure: My firm, Lite DePalma Greenberg, LLC, is co-lead counsel for the successful plaintiffs in this appeal]. Horizon Healthcare Services, Inc. (“Horizon”) provides health care ...
Moeck v. Pleasant Valley School District, 844 F.3d 387 (3d Cir. 2016). Motions for sanctions under Federal Rule of Civil Procedure 11 are not favored because, as Judge Shwartz pointed out in her opinion in this case today, Rule 11 ...
Freedom From Religion Foundation, Inc. v. New Kensington Arnold School District, 832 F.3d 469 (3d Cir. 2016). Federal standing law sometimes involves nuances inquiries comparable to the famous question of how many angels can dance on the head of a ...
In re Revel AC, Inc., 802 F.3d 558 (3d Cir. 2015). “We seldom focus on how to balance the four factors that determine whether to grant a stay pending appeal despite the practical and legal importance of these procedural standstills. ...