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“Watch List” Update: Third Circuit Avoids Opining On Protection of Internal...
The Third Circuit Court of Appeals recently issued its decision in Safarian v. American DG Energy Inc., a case we have been watching closely. Although the trial court sidestepped the issue, the SEC had...
View ArticleThird Circuit Joins Sister Courts in Finding Suspension with Pay is Not an...
In Precia Jones v. SEPTA, the Third Circuit Court of Appeals last week joined six sister courts in finding that a suspension with pay typically does not constitute an “adverse employment action” within...
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Rising Conflict Among Federal Courts – Whether an Account Number Visible On a...
Section 1692f(8) of the Fair Debt Collection Practices Act (“FDCPA”) prohibits the use of any language or symbol, other than the debt collector’s address, on any envelope when communicating with a...
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FTC V. Wyndham: Third Circuit Affirms FTC Authority to Regulate Data Security
The United States Court of Appeals for the Third Circuit’s much anticipated ruling in FTC v. Wyndham has now been released. The court affirmed the FTC’s authority under section 5 of the FTC Act to seek...
View ArticlePrivacy Monday – FTC Vs. Wyndham Update
Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga. Today, Wyndham Worldwide Corp. lost a critical round in the Third Circuit....
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Third Circuit Determines That New Jersey’s Partial Repeal of Its Sports...
In a 2-1 decision this morning, the United States Court of Appeals for the Third Circuit affirmed the District Court’s decision that New Jersey’s law partially repealing its prohibition against sports...
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Third Circuit Affirms FTC’s Jurisdiction Over Security Practices in Wyndham Case
In a strongly worded opinion, the Third Circuit Court of Appeals on Monday slammed Wyndham Worldwide Corporation’s arguments that the FTC did not have jurisdiction to enforce the security practices of...
View ArticleStructured Dismissal: The “Least Bad Alternative”
The Third Circuit, in Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.),[1] became the first court of appeals to approve the settlement and...
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From Bad to Worse for Wyndham
Lawyers often say “bad facts make bad law”. Combine that with weak legal arguments and, well, things can get really bad, really fast. That’s precisely what happened to Wyndham yesterday when the Third...
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Analysis of FTC V. Wyndham: Third Circuit Affirms FTC Authority to Regulate...
On Monday, August 24, 2015, the U.S. Court of Appeals for the Third Circuit issued its opinion in FTC v. Wyndham Worldwide Corp upholding the authority of the Federal Trade Commission (“FTC”) to...
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Third Circuit Gives FTC Green Light for Data Security Enforcement
Months. Actually, years. That’s how long the notion has been brewing that the Federal Trade Commission has no authority to enforce reasonable data security under the unfairness prong of FTC Act Section...
View ArticleThe Third Circuit Requires Benefit Denial Letters to Contain Plan Limitations...
In Mirza v. Insurance Administrator of America, Inc., No. 13-3535 (3d Cir. August 26, 2015), the Third Circuit became the latest Court to require benefit denial letters to include a notification of the...
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Equitable Mootness: Concurring Opinions in Conflict
On August 4, 2015, we posted: “Equitable Mootness In The Third Circuit: Dead Or Alive?”, which analyzed the Third Circuit’s opinion in In re One2One Communications. The post predicted that Judge...
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Wanna Bet? Third Circuit Puts the Kibosh On Sports Gambling Just Before Start...
For the second time in three years, the Third Circuit has rejected New Jersey’s attempt to circumvent the Professional and Amateur Sports Protection Act (“PASPA”). PASPA, which Congress enacted in 1992...
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Paid Suspension Not Adverse Employment Action Under Title VII, According to...
In Jones v. Southeastern Pennsylvania Transportation Authority, the Third Circuit Court of Appeals concluded that a paid suspension is not an adverse employment action in the “substantive...
View ArticleThird Circuit Says Bananas to Forum Shoppers Seeking Second Bite at the Apple
In a recent precedential 2-1 decision, Chavez, et al. v. Dole Food Company, Inc., et al., the Third Circuit emphasized the importance of the “first filed” rule and affirmed the dismissal of a Delaware...
View ArticleThird Circuit Relaxes Pleading Requirements for Limited Liability Company...
Should limited liability companies continue to be treated differently than corporations for diversity-of-citizenship purposes? If a limited liability company’s citizenship continues to be determined by...
View ArticleWhen It is Fair: Recent Circuit Court Decisions On Equitable Mootness
Generally, once a plan of reorganization is confirmed and substantially consummated, an appellate court will not “unscramble the egg” and grant appellate relief if doing so would harm third parties...
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Third Circuit Decision Could Have Broad Implications for Sentencing in...
Last week, the Third Circuit issued a decision that could have major ramifications for sentencing in federal fraud cases. United States v. Nagle dealt with a fraud perpetrated against the Department of...
View ArticleNo Coverage for Consumer Privacy Claims Say Third Circuit and Seventh Circuit
In two recent cases, the Third Circuit and Seventh Circuit each found an absence of coverage under general liability policies resulting from consumer privacy claims, one for alleged violations of a...
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