U.S. Court Of Appeals For The Third Circuit
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Third Circuit rules 'relation-back' doctrine allows for amendment of pleadings after statute of repose period expires
PHILADELPHIA – A federal appellate court’s ruling has provided clarifying guidance as to the circumstances by which exceptions are considered and given to the statute of repose under federal law, through an investor dispute action involving a Pennsylvania regional transportation entity. -
West Chester residents who challenged borough's COVID-19 orders appeal dismissal of their case to Third Circuit
PHILADELPHIA – A pair of West Chester residents are appealing the dismissal of their suit against the municipality and its mayor and challenging the constitutionality of their emergency declaration orders issued during the coronavirus pandemic to the U.S. Court of Appeals for the Third Circuit. -
Verizon pursuing judgment against White Deer Township zoning board, says denial hurts local customer base
WILLIAMSPORT – Verizon has filed for summary judgment in a suit which claimed a municipal zoning board in North Central Pennsylvania violated federal law in denying it the opportunity to build a cell phone tower, and that the denial prevents a sizable area from obtaining its wireless telecommunications services. -
Third Circuit: Black couple who faced racial epithets at Pep Boys have federal suit remanded over contractual rights
PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit has remanded litigation from a Black couple who alleged they were the target of racial epithets during a Pep Boys visit to a District Court for further proceedings on whether or not the store’s conduct violated their contractual rights. -
Third Circuit vacates federal court's ruling and declares suit over legality of Wolf's COVID-19 measures is moot
PHILADELPHIA – A federal appeals court has overturned a lower court ruling which eliminated Gov. Tom Wolf’s unprecedented COVID-19 emergency restrictions, finding the issue to be moot because not only have those restrictions expired in the interim, but voters statewide have also since amended the state constitution to roll back a governor’s range of emergency powers. -
Third Circuit: Tunkhannock School District authorities acted properly, when firing principal for DUI's
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has unanimously affirmed that board members of the Tunkhannock Area School District Board did not violate the constitutional rights of one of its former elementary school principals, when the District fired him in 2016 for two incidents of driving under the influence. -
West Chester has suit which challenged constitutionality of COVID-19 emergency orders dismissed
PHILADELPHIA – The Borough of West Chester has won dismissal of a lawsuit filed against the municipality and its former mayor, which challenged the constitutionality of their emergency declaration orders issued during the coronavirus pandemic. -
Third Circuit reinstates former corrections officer's retaliation claim; He says he was fired for reporting racism
PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit has unanimously reinstated a retaliation claim from a Caucasian, ex-corrections officer allegedly fired for filing a complaint against his supervisor, who had referred to his biracial grandniece as a “little monkey.” -
Borough of West Chester and plaintiffs differ on mootness and constitutionality of COVID-19 emergency orders
PHILADELPHIA – While the Borough of West Chester feels that a lawsuit filed against the municipality and its former mayor which challenged the constitutionality of their emergency declaration orders issued during the coronavirus pandemic is moot, the plaintiffs counter that the issue is not resolved. -
Butler County says case over Gov. Wolf's COVID orders isn't moot, can prevent future unconstitutional mandates
PHILADELPHIA – An attorney representing Butler County, a county which contested the legality of Gov. Tom Wolf’s COVID-19 emergency measures before the U.S. Court of Appeals for the Third Circuit, agrees with a federal judge that state officials should never again enact policies which violate the constitutional rights of Pennsylvanians. -
Third Circuit upholds dismissal of gift shop worker's discrimination suit against Geisinger Medical
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has affirmed a summary judgment ruling which dismissed an age and disability-related discrimination lawsuit filed by a Wilkes-Barre hospital gift shop worker ,who claimed she wasn’t hired for open positions advertised at the facility. -
Third Circuit: In longtime rail project suit, FERA retroactively applies to any case pending when law was passed
PHILADELPHIA – A federal appellate court unanimously ruled that an amendment to the False Claims Act which lowered the burden of proof on whistleblowers does apply retroactively, to any case pending when the U.S. Supreme Court issued a ruling that the amendment was designed to cover. -
Third Circuit: Lingering questions of med-device product liability law need to be decided by Pa. Supreme Court
PHILADELPHIA – According to a panel trio of judges from the U.S. Court of Appeals for the Third Circuit, the Supreme Court of Pennsylvania, and not itself, must decide two unresolved questions of medical device product liability law. -
Third Circuit: Suit of man who was fired over allegedly taking FMLA leave, was properly dismissed by lower court
PHILADELPHIA – A per curiam panel from the U.S. Court of Appeals for the Third Circuit has upheld a lower court ruling which ordered that a wrongful termination complaint filed by a man versus his ex-employer over his taking medical leave would be dismissed. -
5-4 U.S. Supreme Court ruling keeps planned PennEast pipeline alive, for now
WASHINGTON – The U.S. Supreme Court narrowly ruled Tuesday that natural gas pipeline projects which are granted federal approval can utilize eminent domain for state-owned land, bolstering efforts for the planned 116-mile-long PennEast Pipeline through Pennsylvania and New Jersey. -
Third Circuit affirms decision that U.S. Steel plant's pollutant releases are covered by federal law exemption
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a victory for U.S. Steel, upholding a lower federal court decision which found that the releases of hundreds of thousands of pounds of hazardous pollutants into the air from three of the company’s plants were exempted under federal law. -
U.S. Supreme Court rules free speech rights of cheerleader thrown off squad after profane Snapchat post were violated
WASHINGTON – In a key free speech case for the Internet age, the U.S. Supreme Court found in favor of a Pennsylvania teenager who sued the Mahanoy Area School District after a profanity-laced Snapchat photo led to her removal from her high school’s cheerleading squad, though it stopped short of prohibiting public schools from regulating off-campus speech. -
Third Circuit: District Court properly dismissed Jenkintown mayoral candidate's suit against Borough officials
PHILADELPHIA – A former Jenkintown mayoral candidate and her spouse who lost their retaliation case against a number of borough officials have also lost the appeal of their case to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit denies Ohio couple's appeal over fall at Erie casino, says sign was 'an obvious hazard'
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has thrown out an appeal from an Ohio couple, who initially lost their case in a lower federal district court related to the wife’s fall over a sign located on a casino’s property. -
Third Circuit: Trial court's summary judgment for dilatory counsel representing farmer who violated Clean Water Act, was proper
PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit bench have upheld the granting of summary judgment to the U.S. government in its second litigation against a farmer who allegedly violated the Clean Water Act, finding that defense counsel’s repeated procedural violations called for such a sanction.