U.S. Court Of Appeals For The Third Circuit
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Third Circuit says undated mail-in ballots may be thrown out, overturns Pa. lower court ruling
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has overturned a lower court ruling which had decided that undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania, after the Republican Party’s state and national wings appealed the initial ruling – a decision likely to head to the U.S. Supreme Court on appeal and have tremendous import in November’s presidential election, which will once again see the Keystone State as a battleground. -
CFPB defeats challenges, free to take on student loan trusts
PHILADELPHIA (Legal Newsline) - A federal appeals court will not stand in the way of the Consumer Financial Protection Bureau as it targets student loan trusts. -
Third Circuit dismisses Meadville police officer's appeal within man's wrongful arrest lawsuit
PHILADELPHIA – A federal appellate court has dismissed an interlocutory appeal from a Meadville police officer filed within an underlying suit brought by a former Allegheny College student, who had been wrongfully accused of a barroom assault by Meadville law enforcement. -
Third Circuit upholds terrorism sentencing enhancement for ISIS-affiliated potential church bomber
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a terrorism-based sentencing enhancement, in the criminal case of an ISIS supporter who was arrested in June 2019 for planning to bomb a Nigerian-American church in Pittsburgh. -
Third Circuit sends privacy class action against Penn Medicine back to state court
PHILADELPHIA – A federal appellate court has ruled that a class action case alleging the University of Pennsylvania Health System violated a Pennsylvania privacy law by installing a Facebook Pixel on its patient portal – allowing the social media company to access personal health information of its users – will be heard in state court. -
Bucks County man who challenged Educator Discipline Act appeals to Third Circuit
PHILADELPHIA – A Bucks County man granted a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act – a statute which he felt criminalized the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education – is appealing the denial of his motion for summary judgment against the state attorney general to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit will not reinstate suits over collection of post-employment union dues
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit recently refused to reinstate a trio of federal court cases lodged against American Federation of State County and Municipal Employees and the Service Employees International Union local groups, over collection of dues from their members after their employment ended. -
Colorado man who said his Pa. property was demolished without him knowing, appeals to Third Circuit
SCRANTON – A Colorado man who contended that a piece of mixed-use property he owned in Pittston was illegally demolished without the responsible authorities serving him notice, and who lost his case in federal court, has appealed to the U.S. Court of Appeals for the Third Circuit. -
Appeal of Pa. judge’s ruling which OK’d counting undated mail-in ballots headed to Third Circuit
ERIE – After a federal judge recently decided that undated mail-in ballots must be accepted as valid votes by all county boards of election in Pennsylvania – a decision to have tremendous import in next year’s presidential election, which will once again likely see the Keystone State as a battleground – the Republican Party’s state and national wings have appealed that decision. -
Case of landlord's properties demolished by City of Philadelphia sees appeal to Third Circuit
PHILADELPHIA – A federal judge’s grant of summary judgment to a trio of officials from the City of Philadelphia, which ended a local man’s litigation which alleged his civil rights were violated when his properties were sold and demolished by the City, is being appealed to the U.S. Court of Appeals for the Third Circuit. -
Lawsuit between Upper Darby School District and parents of special needs child is appealed to Third Circuit
PHILADELPHIA – An ongoing dispute over the education of a special needs student in Upper Darby has been appealed to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit says class action lawyers asked for too much
PHILADELPHIA – A federal appellate court panel has rejected a proposed attorney fee award of $3.2 million, as part of what was billed as a $12.2 million total settlement amount reached in a data breach class action lawsuit involving convenience store chain Wawa. -
After losing case in federal court, woman alleging GameStop invaded her privacy appeals to Third Circuit
PITTSBURGH – A Pennsylvania woman who filed class action litigation against video game retailer GameStop – charging that it violated a state wiretap law and invaded its customers’ privacy when it allegedly intercepted and recorded the electronic communications of visitors to its website – has appealed the dismissal of her case to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit vacates dismissal of dispute over project labor agreements, remands to lower court
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has vacated the dismissal of litigation brought by builders and contractors, who alleged project labor agreements between Allegheny County Community and Plum Borough with the Pittsburgh Regional Building Trades Council would have forced them to unionize, and remanded it to the lower federal court. -
Third Circuit cites no jurisdiction for insurer's appeal over asbestos litigation costs
PHILADELPHIA – Citing a lack of jurisdiction, a panel of judges from the U.S. Court of Appeals for the Third Circuit ruled against an insurance company’s appeal connected to the costs it incurred in asbestos litigation from one of its customers. -
Third Circuit denies sentencing appeal from Corsica official convicted of $345K wire fraud
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has denied an appeal from a secretary convicted of wire fraud one year ago, and who had been sentenced to nearly two years in prison and three subsequent years of supervised release. -
SCOTUS action versus Google serves to stay proceedings on TikTok wrongful death case
PHILADELPHIA – A pending case in the U.S. Supreme Court regarding terrorism and potential liability exemptions to Section 230 of the Communications Decency Act has stayed the briefing schedule for a Chester woman’s wrongful death lawsuit against social media app TikTok, filed after her 10-year-old daughter died in December due to attempting a “Blackout Challenge”. -
Third Circuit upholds decision precluding natural gas company's environmental board challenges
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has upheld a lower federal court decision which would prevent a natural gas company from receiving another bite at the apple in its battle against the Pennsylvania Environmental Hearing Board, West Rockhill Township and a group of environmentally-conscious citizens. -
Third Circuit vows to dismiss fired LGBTQ teacher's suit against Philly schools, if document isn't provided
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has contacted counsel for a former teacher and member of the LGBTQ community who claimed she faced discrimination and retaliation by the School District of Philadelphia before being fired, mandating that the plaintiff provide required documentation within two weeks or risk dismissal of the case. -
Third Circuit agrees that a lack of 'imminent danger' dooms food workers' suit over COVID-19 conditions
PHILADELPHIA – In a matter of first impression, the U.S. Court of Appeals for the Third Circuit has unanimously upheld a lower court dismissal of a lawsuit from workers at a meat processing plant against both the Department of Labor and Occupational Safety and Health Administration – litigation which alleged the agencies refused to enforce COVID-19 pandemic protocols in spite of receiving complaints about the workplace situation, due to OSHA finding no “imminent danger” present.