Clik here to view.
Third Circuit Finds Federal Claims Alleging Harassment by Zoning Officials...
Ecotone Farm LLC v. Ward, 2-16 WL 335837 (3rd Cir.) involved a long-running dispute between Plaintiff Ecotone Farm and its principal, Huff, and Harding Township, New Jersey, the Township Engineer, Fox,...
View ArticleClik here to view.
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 ArticleClik here to view.
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...
View ArticleClik here to view.
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In a recent unpublished decision by the Third Circuit Court of Appeals, the Court affirmed the lower court and held that a former employee could not maintain legal claims against his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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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 ArticleFax Blast from the Past: Third Circuit Denies Coverage in TCPA Action
The Third Circuit denied coverage for alleged violations of the Telephone Consumer Protection Act (TCPA), while also ruling on a jurisdictional question regarding the amount in controversy applicable...
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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,...
View ArticleClik here to view.
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...
View ArticleClik here to view.
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 Article