City Select Auto Sales, Inc. v. David Randall Associates, Inc., 885 F.3d 154 (3d Cir. 2018). This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and ...
Due to an unusual amount of business travel (alas, only to three cold-weather locations) and a hefty appellate brief, I have not been able to keep up with the courts in recent weeks. Here is a belated, and far from ...
Susinno v. Work Out World, Inc., 862 F.3d 346 (3d Cir. 2017). Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), discussed here, was a case in which class action defendants put great stock. They hoped to use it to defeat ...
James v. Global Tellink Corp., 852 F.3d 262 (3d Cir. 2017). In this putative class action, plaintiffs were inmates at New Jersey correctional facilities. They signed up with defendants for a service that would allow plaintiffs to telephone loved ones, ...
Coleman v. Superintendent Greene SCI, 845 F.3d 73 (3d Cir. 2017). Today, Judge Hardiman, writing for the Third Circuit in a habeas corpus case, addressed the weight to be given to dicta from the Supreme Court of the United States. ...
Presumptive Republican Presidential nominee Donald Trump had promised months ago to announce a “short list” of his potential United States Supreme Court nominees. Especially in recent days, conservatives concerned about Trump’s bona fides as a “true conservative” have been pressing ...
Ricketti v. Barry, 775 F.3d 661 (3d Cir. 2015). State court judges see a lot of New Jersey’s entire controversy doctrine (“ECD”). Some federal judges, not so much. This opinion, issued yesterday by the Third Circuit, reversed a dismissal of ...
In re Makowka, 754 F.3d 143 (3d Cir. 2014). This opinion by Judge Hardiman, involving as it does an issue of Pennsylvania law with bankruptcy implications, likely would ordinarily be of little interest in New Jersey. But the decision is useful ...
Eastman v. First Data Corp., 736 F.3d 675 (3d Cir. 2013). Federal Rule of Civil Procedure 23(f) permits the losing party on a motion to certify a class, whether plaintiff or defendant, to petition for review of the district court’s ...
In re Lazy Days’ RV Center, Inc., 724 F.3d 418 (3d Cir. 2013). In this bankruptcy appeal, Judge Hardiman, writing for the panel, reversed a district court decision that had vacated an order of the Bankruptcy Court on the grounds ...