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Meal Break Win in Third Circuit Gives Employers Reason to Be Thankful for...
Although the turkey (and leftover turkey sandwiches) are all gone, employers within the Third Circuit have reason to extend the Thanksgiving celebration given a recent decision affirming the dismissal...
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Bah Humbug: Third Circuit Significantly Expands Potential Class of Plaintiffs...
For businesses that make telemarketing calls to residential telephone lines using an artificial or prerecorded voice, a new Third Circuit Court of Appeals decision expands considerably the scope of...
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Third Circuit Decides Two Precedential Employment Cases to Close Out November...
Over a span of two weeks at the end of last month, the Third Circuit Court of Appeals issued two key opinions concerning oft-scrutinized areas of employment law — rights attendant to employer-employee...
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The Third Circuit Adopts Predominant Benefit Test for Meal Periods, Leaving...
The Third Circuit Court of Appeals recently joined the chorus of Circuits adopting the pro-employer “predominant benefit test” when weighing the compensability of meal periods under the Fair Labor...
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States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit
On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core...
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States Have Jurisdiction Over ISP-Bound Traffic Says 3rd Circuit
On November 25, the Third Circuit held that states have jurisdiction over Internet Service Provider (ISP) bound traffic exchanged between two competing local exchange carriers (CLECs). In 2008, Core...
View ArticleD.C. Circuit Sends FCC Media Ownership Joint Sales Agreement Appeal to Third...
A little over a week before oral arguments were scheduled to be heard, a federal court handed off the pending appeal of the Federal Communications Commission’s controversial Joint Sales Agreement rules...
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Appellate Review of Downhole Cases: The Supreme Court Repairs the Third...
The Louisiana Supreme Court recently issued a decision in a downhole damages case, reversing the Third Circuit’s misguided application of the manifest error standard of review. Hayes Fund for the First...
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LabMD and Wyndham Decisions Curtail FTC’s Data Privacy and Security Reach
Both the administrative law judge’s decision in LabMD and the Third Circuit’s recent decision in Wyndham, which we previously blogged about, put the FTC on notice that it cannot assume that in the wake...
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Air Safety: Does the Federal Aviation Act Preempt Aircraft Design Defect Claims?
The United States Court of Appeals for the Third Circuit is considering whether, and if so, to what extent the Federal Aviation Act, 49 U.S.C. §§ 40101 et seq., preempts tort claims for alleged...
View ArticleThoughts On Church Plan Status After Kaplan V. Saint Peter’s Healthcare System
The Court of Appeals for the Third Circuit now is the first federal appellate court to decide whether a defined benefit plan sponsored by church-affiliated organization is a church plan under ERISA....
View ArticleThird Circuit Holds Diligent Prosecution Bar Does Not Preclude Jurisdiction...
On January 6, 2016, the Third Circuit held that the Clean Air Act’s diligent prosecution bar cannot be the basis for a motion to dismiss for lack of subject matter jurisdiction. Instead, the bar...
View ArticleThird Circuit Court of Appeals Permits Chapter 11 Debtor to Reject Expired CBA
It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement. However, this time, an...
View ArticleThird Circuit Holds That “Renewal” Policy Must Have “the Same, or Nearly the...
The United States Court of Appeals for the Third Circuit, applying Pennsylvania law, has held that, in order “for a contract to be considered a renewal, it must contain the same, or nearly the same,...
View ArticleThird Circuit Permits Chapter 11 Debtor to Reject Expired CBA
It is a familiar scenario: a company is on the verge of bankruptcy, bound by the terms of a collective bargaining agreement (CBA), and unable to negotiate a new agreement. However, this time, an...
View Article“Put Up or Shut Up:” the Third Circuit Denies Former Tyco Employee’s SOX...
There have been a series of legal battles since 2009 between Tyco Electronics Corp. and its former accounts payable manager, Jeffrey Wiest, fired for sexually harassing and engaging in inappropriate...
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3rd Circuit Affirms Dismissal in Long-Running Weist SOX Whistleblower Case
On February 2, 2016, the Third Circuit affirmed the dismissal of the SOX whistleblower retaliation claim in the closely watched case of Weist v. Tyco Electronics Corp. , No. 15-2034. We have posted on...
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Recent Decision in Colorado Expands Church Plan Exemption Under ERISA While...
Does a benefit plan, to fall within the so-called “church plan exemption,” have to be directly established by a religious entity? Or is it enough for the benefit plan to be established by an...
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Florida Supreme Court to Decide Whether the Litigation Privilege Can Bar a...
The Florida Supreme Court will resolve a conflict between the Third and Fourth Districts regarding whether the litigation privilege can be used to bar a claim for malicious prosecution. See No....
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Applying the Texas Tax Code’s “no-report Exception” to a Statute of...
The recent opinion from the Texas Third Court of Appeals at Austin in Brown v. Hegar, No. 03-14-00492-CV (December 3, 2015), provides important guidance for tax attorneys when raising a statute of...
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