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3d DCA: Can You Sue a Hostile Party for Fraud if They Lie to You During...
Litigators love to brag about their court wins, not so much about their prowess as contract drafters. But the reality is that the vast majority of cases settle, which means in most inheritance disputes...
View ArticleERISA (9th Circuit): Denial Letters — Sometimes Forgotten Arguments to...
Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision? A recent court trend, like with the First, Third and Sixth Circuits, requires...
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Circuits Clash Over Ascertainability Standard
The Third and Seventh circuits have reached a sharp divide during the past year over the meaning of the implied “ascertainability” prerequisite to class certification. The Third Circuit affirmed a...
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Beauvais Reversed – Statute of Limitations Does Not Bar Subsequent...
In a highly anticipated ruling, after rehearing en banc, Florida’s Third District Court of Appeal reversed its prior ruling in Deutsche Bank Trust Co. America v. Beauvais, 40 Fla. L. Weekly D1 (Fla. 3d...
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CA Lawmaker Floats a Legislative Fix to Siskiyou County Farm Bureau Case
Last summer, the Third District Court of Appeal issued a sweeping ruling in Siskiyou County Farm Bureau v. Department of Fish and Wildlife, which made any substantial diversions of water subject to the...
View ArticleDistrict Court Rules Johnson Controls Retirees Not Entitled to Lifetime...
A district court in the Middle District of Pennsylvania held that, notwithstanding the Supreme Court’s decision in M & G Polymers USA, LLC v. Tackett, 135 S. Ct. 926 (2015), the Third Circuit’s...
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Florida Appellate Court Bolsters Statutory HOA Safe Harbor
A significant opinion from the Florida Third District Court of Appeal further clarifies the extent of the Florida statutory homeowners association (HOA) “safe harbor.” In the end, entities that obtain...
View ArticleThird District Court of Appeal Withdraws Decision Applying the Statute of...
Florida’s Third District Court of Appeal (DCA), sitting en banc, recently withdrew an unpopular decision applying the statute of limitations defense to mortgage foreclosures. As previously discussed on...
View ArticleBank Settlements Returning Overdraft Fees—Including Plaintiffs’ Attorneys’...
The United States Court of Appeals for the Third Circuit has held that a bank’s $102 million payments to settle lawsuits alleging improper collection of overdraft protection fees are not covered...
View ArticleChapter 11 Debtors Exempt from Their Obligations Under an Expired Collective...
The Third Circuit’s decision in In re Trump Entertainment presents interesting opportunities for employers with expired collective bargaining agreements (“CBAs”) seeking to reorganize their companies...
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Now You See It, Now You Don’t – the Search for “Unreasonably Small Capital”
In a decision last month in Whyte v. SemGroup Litig. Trust (In re Semcrude L.P.), No. 14-4356, 2016 U.S. App. LEXIS 7690 (3d Cir. Apr. 28, 2016), the United States Court of Appeals for the Third...
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Forum Shopping Curtailed: Venue Limited to Parish Where Drilling Rig Was Lost
In a May 4, 2016 opinion, Louisiana’s Third Circuit Court of Appeal made clear that venue was not proper in Concordia Parish—where plaintiff filed suit for damages resulting from the loss of its...
View ArticleKeeping It in Court: Unaccepted Offer of Judgment Doesn’t Moot Class Claims
On April 6, 2016, the Third Circuit, in Weitzner v. Sanofi Pasteur, Inc., considered whether an offer of judgment under Federal Rule of Civil Procedure 68 moots a plaintiff’s entire action, including...
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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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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