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Make Me a Tender Offer! EFH Settlement Gets Third Circuit Approval
On May 4, 2016, the Court of Appeals for the Third Circuit held that a bankruptcy settlement in the form of a tender offer did not violate the principles of the bankruptcy process. See opinion here. In...
View ArticleAffirmed
Today, in a precedential opinion, the Third Circuit Court of Appeals, affirmed the District Court’s dismissal of a complaint against my client that alleged that a multi-family building was constructed...
View ArticleThird Circuit Vacates Joint Sales Agreement Attribution Rule, Expresses...
In what will no doubt become quickly known as Prometheus III, the United States Court of Appeals for the Third Circuit has issued its opinion reviewing the latest of the Federal Communications...
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Appeals Court Tells FCC to Finalize Multiple Ownership Review, Throws Out TV...
The Third Circuit Court of Appeals yesterday issued an opinion faulting the FCC for not completing any required review of its broadcast ownership rules since the 2006 review was completed in 2007....
View ArticleFTC Wins Stay of Pennsylvania Hospital Merger Pending Appeal in Third Circuit
The Third Circuit granted on Tuesday the Federal Trade Commission’s (“FTC”) request for an injunction pending appeal of the proposed merger between Penn State Hershey Medical Center and Pinnacle Health...
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The Quad Pulls a Sisyphus … Again
Three’s the charm, as the Third Circuit sends the FCC’s Quadriennial Review proceeding back to the Commission for a third time. We once described the FCC’s quadrennial ownership review process as...
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CFPB Files Supplemental Amicus Brief in Third Circuit FDCPA Case to Address...
The CFPB has filed a supplemental amicus brief with the U.S. Court of Appeals for the Third Circuit in Bock v. Pressler & Pressler, LLP, the case in which the district court ruled that a debt...
View ArticleThird Circuit Revives Challenge to Pittsburgh’s Abortion Clinic “Buffer Zone”...
On June 1, a three-judge panel of the U.S. Court of Appeals for the Third Circuit vacated a lower federal court’s dismissal of a First Amendment challenge to a City of Pittsburgh ordinance that created...
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Third Circuit Affirms Employer’s Right to Provide Truthful Information in...
In a recent unpublished decision by the Third Circuit Court of Appeals, the Court affirmed the lower court and held that a former employee could not maintain legal claims against his former employer,...
View ArticleThird Circuit Takes Narrow View of PII Under the VPPA
Last week, the Third Circuit adopted a narrow definition of “personally identifiable information,” or “PII,” under the Video Privacy Protection Act (“VPPA”), joining the majority of district courts...
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Louisiana Third Circuit Affirms $27,000,000 Punitive Damages Award to Family...
On June 29, 2016, the Louisiana Court of Appeal, Third Circuit, affirmed a jury’s verdict of $125,000 in compensatory damages and $27,000,000 in punitive damages in a maritime products liability case,...
View ArticleThird Circuit Rejects Insured’s Attempt to Expand Causes of Action
Courts across the country (and particularly since Super Storm Sandy in 2012) have consistently held that, in litigation involving a dispute concerning the investigation, adjustment, or payment of a...
View ArticleFederal Appellate Review of State Agency Decisions for Interstate Natural Gas...
The Third Circuit held in a highly anticipated recent decision that state actions on water quality-related permits for interstate natural gas pipeline projects are reviewable only in the federal...
View ArticleThird Circuit Dismissal Affirmance Based On Economic Loss Doctrine Shows...
While the United States Supreme Court’s ruling in Spokeo v. Robins, 136 S. Ct. 1540 (2016), has garnered much attention after being cited by numerous courts as a means to dismiss data privacy class...
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Third Circuit Affirms Dismissal of Data Breach Class Action Against Benecard
The Third Circuit recently affirmed a District Court’s dismissal of a data breach class action against Benecard Services Inc. (“Benecard”). Benecard is a prescription benefit administrative services...
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Third Circuit Sets Framework for Numerosity Requirement
Yesterday, in In re Modafinil Antitrust Litig., 3d Cir. No. 15-3475 the Third Circuit provided a framework for analyzing the oft-overlooked numerosity requirement of Rule 23(a)(1). . The court’s...
View ArticleLocal Tax Incentives Tied to Use of Union Labor —Preempted by the NLRA?
Third Circuit rejects market-participant argument, opening the door for preemption challenge to local law tying tax incentives to use of union labor. The case before the Third Circuit, Associated...
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U.S. Court of Appeals Reverses Summary Judgment in Lung Cancer Asbestos Case
On September 13, 2016, the United States Court of Appeals for the Third Circuit partially reinstated a plaintiff’s claims that his decedent developed lung cancer as a result of asbestos exposure that...
View ArticleThird Circuit Confirms Paid Meal Breaks Cannot Offset FLSA Overtime Liability
In a recent decision, the Third Circuit emphasized the need for employers to capture and compensate all hours worked by non-exempt employees, even if the employer pays the employees for break time that...
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Philly Airport Advertising Ban Fails to Pass Judicial Muster
In August, the Third Circuit Court of Appeals affirmed a lower court decision holding that the Philadelphia airport’s advertising policy was unreasonable in light of the purposes of the advertising...
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Facebook Antagonist Has Conviction Reinstated
We’ve reported on the United States v. Elonis in the past. This case involved a Northampton County man who made a series of threats on his Facebook page directed at his estranged wife, his employer,...
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Third Circuit Enforces Make-Whole Payment in Energy Future Bankruptcy
The Third Circuit Court of Appeals, in an opinion authored by Judge Thomas Ambro, has reversed two district court opinions and refused to allow a company to use a Chapter 11 bankruptcy filing as a...
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Third Circuit Upholds the Enforceability of Make-Whole Premiums in...
In a recent November 17, 2016 opinion, Delaware Trust Co. v. Energy Future Intermediate Holding Company LLC, Case No. 16-1351, the Third Circuit Court of Appeals reversed two lower court opinions by...
View ArticleMake-Whole Momentum Halted: Third Circuit Rejects Momentive Rationale and...
In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions of the Bankruptcy and the District Courts to hold...
View ArticleThird Circuit Court of Appeals: Energy Future Required to Pay Make-Whole...
In a decision released on November 17, 2016, the Third Circuit Court of Appeals reversed the holding of the Delaware Bankruptcy Court, affirmed by the District Court, that EFIH is not required to pay...
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Opt Ins Are Out (of Luck) Appealing Decertification
With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and...
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Seaman Status Found for Worker On “Floating Mat” Not Connected to a Vessel at...
On October 19, 2016, the Louisiana Third Circuit Court of Appeal in Guidry v. ABC Ins. Co., 2016-61 (La. App. 3 Cir. 10/19/16); — So. 3d — affirmed that a welder injured while assisting in the...
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Is the Supreme Court Now Ready to Strike Down Structured Dismissals?
In a prior post, we discussed the Third Circuit Court of Appeals’ decision in Jevic Holding Corp., where the court upheld the use of so-called “structured dismissals” in bankruptcy cases, and the...
View ArticleYellowstone and the Barton Doctrine in the Third Circuit
The Barton doctrine, which has been imposed in “an unbroken line of cases … as a matter of federal common law,” In re Linton, 136 F.3d 544, 545 (7th Cir. 1998) (Posner, J.), requires that plaintiffs...
View ArticleFTC Granted 2-Week Reprieve in Effort to Block Pennsylvania Hospital Merger
The Federal Trade Commission (“FTC”) and the state of Pennsylvania have two weeks to persuade the Court of Appeals for the Third Circuit that the pending merger of Penn State Hershey Medical Center...
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