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When is a Renewal a Renewal?
A recent case decided by the United States Court of Appeals for the Third Circuit addressed the deceptively simple issue of whether a renewal is a renewal. Indian Harbor Ins. Co. v. F&M Equip., No....
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A Yarn Spun, but Advertising Not Tailored to a Lanham Act Claim
In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its...
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A Yarn Spun, but Advertising Not Tailored to a Lanham Act Claim
In a recent application of the Supreme Court’s 2014 Lexmark decision on standing, the Court of Appeals for the Third Circuit held last month that a yarn retailer who alleged it was misled by its...
View ArticleThird Circuit: TCPA Suit by Roommate Who Answered Prerecorded Call Can Proceed
A man who alleges he received an unauthorized prerecorded call on the landline he shared with his roommate has standing to proceed with his lawsuit under the Telephone Consumer Protection Act (“TCPA”),...
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Third Circuit Allows for Offset When Calculating Loss in DBE Fraud Cases
In United States v. Nagle, the Third Circuit provided instruction on how to calculate the amount of “loss” defendants are attributed when being sentenced in a Disadvantaged Business Enterprise (“DBE”)...
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Third Circuit Allows Putative TCPA Class Action to Proceed, Citing FCC Ruling
On October 23, 2015, the Third Circuit vacated a summary judgment decision in Yahoo, Inc.’s favor based on a recent Federal Communications Commission (“FCC”) order that expanded the definition of an...
View ArticleThird Circuit Allows Debtors’ Funds Purchased in Section 363 Sale to Bypass...
The Third Circuit has affirmed the Delaware Bankruptcy Court’s approval of a section 363 sale and related settlement agreement over IRS’s objection to provisions in the sale and settlement agreements...
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Challenging FTC Regulation of Cyber-security After FTC V. Wyndham
The Third Circuit interlocutory decision in Federal Trade Commission v. Wyndham Worldwide Corporation was widely reported as a big win for the Federal Trade Commission (“FTC”). But on closer...
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Third Circuit Gives TCPA Autodialer Plaintiffs Staying Power
First Ruling by Circuit Court After FCC Clarification Suggests TCPA Autodialer Litigation May Get Bogged Down on Factual Issues. The U.S. Court of Appeals for the Third Circuit recently became the...
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Rewards of RICO
The Third Circuit’s decision in In re Avandia Marketing, Sales Practices & Product Liability Litigation, accepts a fraud-on-the-market theory of product price and sales inflation under the...
View ArticleThird Circuit Resurrects State Law Claims Against Google in Safari Cookie...
Last week, the Third Circuit revived a multi-district privacy lawsuit against Google, finding that the trial court erred in dismissing the plaintiffs’ privacy claims under California state law. The...
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Third Court Denies Scientology Motion to Dismiss
In the world of litigation, we see some pretty strange lawsuits. One such lawsuit concerns Monique Rathbun and the Church of Scientology. Monique and Marty Rathbun moved to the Texas Gulf Coast some...
View ArticleHoly Stromboli! Grocer Loses Coverage and Bad Faith Battle Against Excess...
In Charter Oak Insurance Company v. Maglio Fresh Foods, No. 14-4094, 2015 U.S. App. LEXIS 19268 (3d Cir. Nov. 4, 2015), the Third Circuit held that because the underlying lawsuit did not present a...
View ArticleStanding Issues Could Still Derail Google Cookie Placement Litigation
In a decision almost a year in the making, the Third Circuit’s recent opinion in In re Google Inc. Cookie Placement Privacy Litig. (3d Cir. Nov. 10, 2015), (“Google”), reversed a trial court order...
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Cookies, Promises, and California: Why the 3rd Circuit Revived Privacy Claims...
Last week, the U.S. Court of Appeals for the Third Circuit revived several privacy claims against Google pertaining to the Internet company’s practice of side-stepping “cookie blockers” on Microsoft’s...
View ArticleThird Circuit Ruling Reinstates State Law Privacy Claims Related to Google’s...
In re: Google Inc. Cookie Placement Consumer Privacy Litigation, involves 24 consolidated lawsuits that were initially brought against several internet advertisers alleging violations of various state...
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Broadcasters’ Media Ownership Challenge Heading Back to Third Circuit
Broadcasters challenging the FCC’s 2010 quadrennial media ownership order (or lack thereof) are now facing their third time presenting arguments before the U.S. Court of Appeals for the Third Circuit....
View ArticleThird Circuit Slams Google’s Allegedly ‘Deceitful’ Cookie Practices
Exploiting loopholes in Internet users’ cookie-blocking settings while claiming to protect them from cookies is a serious and deceitful invasion of privacy, the Third Circuit held November 10. Ruling...
View ArticleThere Really is Such a Thing As a Free Lunch (for Employers), Says Third...
On November 24, 2015, the U.S. Court of Appeals for the Third Circuit (which hears appeals from federal district courts in Delaware, New Jersey, and Pennsylvania) issued a precedential opinion...
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When Must Meal Breaks Be Paid? Third Circuit Clarifies FLSA Test
Whether meal breaks count as compensable hours worked for non-exempt employees under the Fair Labor Standards Act can be a thorny issue for employers. The FLSA regulations provide that meal periods...
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