Top News

Third Circuit decision in product-hopping case may be at odds with prior case, attorney says

Karen Kidd Oct. 26, 2016, 1:37pm

PHILADELPHIA – A decision out of the U.S. Court of Appeals for the Third Circuit earlier this fall that a pharmaceutical company in a Pennsylvania product-hopping case did not violate the Sherman Antitrust Act seems to be at odds with a prior precedent-setting case, a Washington, D.C.-based attorney says.

DuPont's employees to proceed with class action over unpaid time getting ready for shift

Dawn Geske Oct. 26, 2016, 1:03pm

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has overturned a lower court's ruling, allowing a class action lawsuit brought by employees against DuPont to proceed.

Appellate court says newspaper and its employees did not libel Allentown woman

Nicholas Malfitano Oct. 25, 2016, 8:04am

PHILADELPHIA – According to a panel of federal appellate judges, an Allentown woman’s motion for post-judgment relief in a libel case brought against The Morning Call newspaper, its parent company and several of its personnel did not present a substantial question.

Bangor man not subject to discrimination or selective enforcement of noise ordinances

Nicholas Malfitano Oct. 19, 2016, 2:41pm

PHILADELPHIA – The appeal of a Bangor man who claimed he was the victim of selective enforcement of noise ordinances by members of the Bushkill Township Police Department has been dismissed.

Third Circuit dismisses couple's foreclosure appeal based on res judicata and Rooker-Feldman Doctrine

Nicholas Malfitano Oct. 19, 2016, 9:27am

PHILADELPHIA – This past Monday, a federal appellate court dismissed the appeal proceedings brought forward by a Pottstown couple who made various claims against Wells Fargo Bank concerning a mortgage foreclosure action began by the bank five years ago.

Third Circuit rejects couple's motion to vacate arbitration award

Taryn Phaneuf Oct. 11, 2016, 1:26pm

PHILADELPHIA - A couple’s lawsuit over their lost retirement savings can’t make any headway in federal court.

Court says plaintiffs' refusal of home inspection based on Fourth Amendment was incorrect

Nicholas Malfitano Oct. 11, 2016, 1:06pm

A pair of plaintiffs erroneously refused an inspection based on their perceived Fourth Amendment rights, says the U.S. Court of Appeals for the Third Circuit.

FTC wins preliminary injunction against Penn State Hershey/Pinnacle merger

Carrie Salls Oct. 7, 2016, 8:17am

The U.S. Court of Appeals for the Third Circuit handed the Federal Trade Commission and the Pennsylvania attorney general a major victory when it overturned a U.S. district court order denying the FTC and AG’s request to stop a merger between the Penn State Hershey Medical Center and Pinnacle Health System.

Failure to exhaust administrative remedies leads to dismissal of discrimination, injury case

Nicholas Malfitano Oct. 6, 2016, 11:53am

A federal appellate court upheld a lower court’s decision to dismiss a lawsuit filed against Amazon’s third-party sales operations department.

Attorneys concur with Third Circuit judge's dissent in certification of employment class action

Nicholas Malfitano Oct. 6, 2016, 11:43am

A pair of attorneys believe a recent federal appellate court ruling has misinterpreted case law in certifying a putative class action involving independent contractors of the world’s largest commercial cleaning franchisor.

Third Circuit dismisses 'frivolous' defamation claims

Nicholas Malfitano Oct. 5, 2016, 8:22am

A federal appellate judge turned away the appeal of a former congressional candidate who claims he was defamed by private citizens in the district where his campaign took place.

Third Circuit court makes surprising decision to decertify class action suit

S. Laney Griffo Sep. 29, 2016, 11:55am

PHILADELPHIA – Recently, the United States Court of Appeals for the Third Circuit made a surprising decision to decertify a class action lawsuit regarding the drug Modafinil.

Litigation costs relieved for plaintiff in employment discrimination lawsuit versus pharmaceutical company

Nicholas Malfitano Sep. 29, 2016, 9:38am

PHILADELPHIA – A federal appellate court has upheld a trial court verdict which relieved litigation costs for a plaintiff involved in an employment discrimination lawsuit versus an Indiana pharmaceutical company.

Third Circuit defends challenge to its authority to rule in pipeline expansion project

Kristin Danley-Greiner Aug. 19, 2016, 8:48am

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently released an opinion shooting down several challenges filed against environmental permits and authorizations that were granted by environmental regulatory agencies in Pennsylvania and New Jersey, but the court had to defend why it was ruling on the cases in the first place.