The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a complaint asserting due process and federal Civil Rights Act claims ...

United States v. Brace, 2021 U.S. App. LEXIS 17482 (3d Cir. June 11, 2021). Every so often, attorney conduct is so egregiously bad that it results in a published opinion, and a lesson to other attorneys. This opinion by Judge ...

Donald J. Trump for President, Inc. v. Secretary, Commonwealth of Pennsylvania, ___ Fed. Appx. ___ (3d Cir. 2020). This blog does not often cover non-precedential decisions of appellate courts. But today’s opinion by Judge Bibas (a Trump appointee), in which ...

United States v. Brito, 979 F.3d 185 (3d Cir. 2020). As discussed here, waiver of an argument occurs when a party intentionally relinquishes or abandons a contention, while forfeiture is the failure to assert an argument in timely fashion, without ...

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle ...

Papera v. Pennsylvania Quarried Bluestone Co., 948 F.3d 607 (3d Cir. 2020). Plaintiffs and defendants reached what was believed to be a settlement of their case. At plaintiffs’ request, the District Court entered a dismissal order. That order said that ...

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) ...

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 ...

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 ...

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 ...