Make-Whole Momentum Halted: Third Circuit Rejects Momentive Rationale and...
In a recent decision (“Energy Future Holdings”) poised to have wide-reaching implications, the Third Circuit Court of Appeals reversed the decisions of the Bankruptcy and the District Courts to hold...
View ArticleThird Circuit Court of Appeals: Energy Future Required to Pay Make-Whole...
In a decision released on November 17, 2016, the Third Circuit Court of Appeals reversed the holding of the Delaware Bankruptcy Court, affirmed by the District Court, that EFIH is not required to pay...
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Opt Ins Are Out (of Luck) Appealing Decertification
With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and...
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Seaman Status Found for Worker On “Floating Mat” Not Connected to a Vessel at...
On October 19, 2016, the Louisiana Third Circuit Court of Appeal in Guidry v. ABC Ins. Co., 2016-61 (La. App. 3 Cir. 10/19/16); — So. 3d — affirmed that a welder injured while assisting in the...
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Is the Supreme Court Now Ready to Strike Down Structured Dismissals?
In a prior post, we discussed the Third Circuit Court of Appeals’ decision in Jevic Holding Corp., where the court upheld the use of so-called “structured dismissals” in bankruptcy cases, and the...
View ArticleYellowstone and the Barton Doctrine in the Third Circuit
The Barton doctrine, which has been imposed in “an unbroken line of cases … as a matter of federal common law,” In re Linton, 136 F.3d 544, 545 (7th Cir. 1998) (Posner, J.), requires that plaintiffs...
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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