U.S. Court of Appeals for the Third Circuit News

Third Circuit: Kmart employee couldn't prove her medical disability was the reason she wasn't rehired

By Nicholas Malfitano | Aug 15, 2018

PHILADELPHIA – A former Kmart employee who attempted to return to the company did not prove her medical disability was the reason she was not rehired, a federal appellate court ruled.

Medical care facility didn't follow legal procedure, appellate court says

By Nicholas Malfitano | Aug 13, 2018

PHILADELPHIA – A federal appellate court judge has said a medical care facility’s untimely notice of appeal led to its dismissal, explaining many months and opportunities were extended to the facility to comply with judicial rules and they did not do so.

Third Circuit: De La Fuente not prevented from appearing on 2016 Presidential Election ballot

By Nicholas Malfitano | Aug 13, 2018

PHILADELPHIA – A federal appellate court has denied claims from an independent presidential candidate from Florida, who alleged improper prevention of his name from appearing on ballots for the 2016 Presidential Election in the Commonwealth of Pennsylvania.

Third Circuit: Munhall woman's claims against Cambridge Analytica, Queen Elizabeth II are meritless

By Nicholas Malfitano | Aug 8, 2018

PHILADELPHIA – The panel of a federal appellate court has dismissed as frivolous complaints filed by a woman against U.S. National Security Advisor John Bolton, Cambridge Analytica and its founder Aleksandr Kogan, noted whistleblower Christopher Wylie and Queen Elizabeth II.

Disability advocates fall short of major hurdle in ADA case against Steak 'n Shake after alleging sloped parking lots

By Sandra Lane | Aug 6, 2018

A federal appellate court will allow an expansive Americans with Disabilities Act lawsuit to proceed against Steak 'n Shake restaurants, but ruled the case did not yet achieve class action status.

Third Circuit once again upholds Boyertown school district's transgender student restroom policy

By Nicholas Malfitano | Jul 31, 2018

PHILADELPHIA – For the second time, the U.S. Court of Appeals for the Third Circuit ruled it will not stop a policy allowing transgender students in Boyertown schools to use the restroom facilities corresponding to their gender identity, a decision that could potentially send the case to the U.S. Supreme Court.

Third Circuit says IRS employee did not prove prima facie discrimination case against Treasury Department

By Nicholas Malfitano | Jul 27, 2018

PHILADELPHIA – A federal appellate court ruled that a former employee of the Internal Revenue Service did not set out a prima facie case to support her allegations that she faced racial discrimination and a hostile work environment in her time at the IRS.

Third Circuit tosses vague lawsuit alluding to death threats allegedly made by family of prominent British banker

By Nicholas Malfitano | Jul 18, 2018

PHILADELPHIA – A Munhall woman’s vague complaint alleging death threats against her appeared on the social media pages of a prominent British banker has been thrown out by the U.S. Court of Appeals for the Third Circuit.

Court: TSA agents are not law enforcement officers and are shielded from civil tort claims

By Nicholas Malfitano | Jul 16, 2018

PHILADELPHIA – Air travelers who feel Transportation Security Administration (TSA) officers conduct screenings a bit too close for comfort and pursue lawsuits in response might now find those agents are immune from such claims, given the first ruling from a federal appellate court on the matter.

Yahoo wins TCPA case after plaintiff's expert reports 'offer nothing'; Attorneys sought recovery for 27K texts

By Nicholas Malfitano | Jul 16, 2018

PHILADELPHIA – In a long-litigated Telephone Consumer Protection Act (TCPA) case filed, Yahoo has had its verdict of summary judgment upheld by a federal appellate court for a second time, and had the plaintiff’s expert reports excluded.

Dismissal status of Pittsburgh financial mismanagement lawsuit against Morgan Stanley amended by Third Circuit

By Nicholas Malfitano | Jul 10, 2018

PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit modified the dismissal status of a lawsuit brought by a woman who claimed finance giant Morgan Stanley mismanaged her accounts and withheld information from her as to same based on its absence of prejudice.

Plaintiff's near two-year delay in pursuing complaint against Aqua Pennsylvania leads to denial of its amendment

By Nicholas Malfitano | Jul 6, 2018

PHILADELPHIA – A federal appellate court upheld the denial of amendment to a plaintiff’s complaint against the Aqua Pennsylvania water company, charging the lack of specificity in his allegations and undue delay of nearly two years in filing for said amendment, led to that very same denial.

Former research analyst didn't prove Merck engaged in fraud, Third Circuit rules

By Nicholas Malfitano | Jul 6, 2018

PHILADELPHIA – A federal appellate court upheld a summary judgment ruling for the Merck pharmaceutical company in opposition to the claims of one of its former research analysts, who claims she was unlawfully terminated after alleging the company engaged in fraud.

Appeal filed in lawsuit over 'Albert the Tree' by children's author

By John Breslin | Jun 28, 2018

PHILADELPHIA - An appeal has been filed with the U.S. Court of Appeals for the Third Circuit in a case in which children's author Jennie Nicassio claims a major publisher and leading company media ripped off her idea in order to publish a strikingly similar book and air a television special.

Third Circuit says Boyertown's transgender students can use restrooms corresponding to gender identity

By Nicholas Malfitano | Jun 27, 2018

PHILADELPHIA – A federal appellate court recently ruled that transgender students in Boyertown schools may continue to use the restroom facilities corresponding to their gender identity, marking a key victory for the LGBT advocacy community and a defeat for their ideological opponents.

Third Circuit upholds dismissal of Chemours Co. severance plan complaint

By Charmaine Little | Jun 19, 2018

PHILADELPHIA (Legal Newsline) – A handful of former employees for The Chemours Co. lost their appeal after their employee severance plan complaint was dismissed by the U.S. Court of Appeals for the 3rd Circuit.

Third Circuit reinstates housing groups' lawsuit against Pittsburgh

By Ryan Croft | Jun 5, 2018

A federal appellate panel recently reversed a lower court’s decision to dismiss a lawsuit filed against the city of Pittsburgh and its former mayor, Luke Ravenstahl, according to a decision filed on March 31 in the U.S. Court of Appeals for the Third Circuit.

Heartland Campus Solutions still fighting CFPB probe after Pittsburgh judge's ruling

By John Revak | May 29, 2018

PHILADELPHIA — A stay pending appeal was recently granted to the defendant in a case involving the Consumer Financial Protection Bureau (CFPB).

Federal judge boots attorneys from copyright infringement case against McGraw-Hill

By Karen Kidd | May 16, 2018

Attorneys representing a Lititz-based photography company in a copyright infringement case have been disqualified following a federal judge's ruling earlier this month over the law firm's hiring of a consultant who previously had worked for the defendants in the case.

Sen. Scarnati appeals federal judge's order to pay League of Women Voters for costs of gerrymandering challenge

By Karen Kidd | May 3, 2018

A state senator is appealing a federal judge's order earlier this month to pay more than $29,300 to the League of Women Voters of Pennsylvania in reimbursement for the fees and costs of its successful gerrymandering challenge.

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