U.S. Court of Appeals for the Third Circuit
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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. -
Fired LGBTQ teacher appeals case against School District of Philadelphia to Third Circuit
PHILADELPHIA – 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 and lost her case through summary judgment dismissal, has appealed that decision to the U.S. Court of Appeals for the Third Circuit. -
Property owner's civil rights case against Philly officials is reinstated over alleged Fifth Amendment rights violation
PHILADELPHIA – A local man who alleged his civil rights were violated when his properties were respectively sold and demolished by the City of Philadelphia, will have another opportunity to plead his Fifth Amendment violation claims in a District Court after partially winning an appeal from the U.S. Court of Appeals for the Third Circuit. -
Dismissed class action suit over American Airlines employee profit-sharing sent to Third Circuit
PHILADELPHIA – A class action lawsuit over a profit-sharing plan between employees and American Airlines Group is heading to the U.S. Court of Appeals for the Third Circuit, after the plaintiffs’ case was dismissed by a federal judge last month. -
After losing case in federal court, street preacher known as 'Philly Jesus' appeals to Third Circuit
PHILADELPHIA – A street preacher locally known as “Philly Jesus”, who filed a wrongful prosecution case against the City of Philadelphia and local police officers after being arrested when he was evangelizing in a public park just before Christmas in 2019, has appealed the suit’s recent dismissal to the U.S. Court of Appeals for the Third Circuit. -
Religious order that sued over pipeline loses appeal to Third Circuit
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit said Tuesday that a religious order who alleged its rights to practice its faith were being infringed through construction of a natural gas pipeline and lost in federal court for lack of jurisdiction, have lost their appeal and will not receive financial compensation. -
Third Circuit asked to hear appeal of man's malicious prosecution suit against Walmart
PITTSBURGH – Subsequent to dismissal by a federal judge, a Western Pennsylvania man has appealed his case against Walmart, alleging he was wrongfully charged with theft and malicious prosecution, to the U.S. Court of Appeals for the Third Circuit. -
Dismissal of mother's wrongful death lawsuit against TikTok is appealed to Third Circuit bench
PHILADELPHIA – 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” and which recently had been dismissed by a federal judge, will now be heard by the U.S. Court of Appeals for the Third Circuit. -
Meadville man hit by tractor-trailer and wife appeal rejection of new trial to Third Circuit
ERIE – A Meadville couple who sued an Ohio trucking firm and one of its drivers, after the defendants were found not negligent in an accident with the husband-plaintiff more than five years ago, and were denied a motion for a new trial, have appealed that decision to the U.S. Court of Appeals for the Third Circuit. -
Attorney panel scrutinizes proposed legislation that would ban divisional merger bankruptcies
While legislation is pending in Congress that would require the dismissal of Chapter 11 bankruptcy cases in which the debtor has created a divisional merger, federal appeals court judges in Philadelphia heard arguments this week about whether Johnson & Johnson’s bankruptcy case was filed in good faith. -
Third Circuit resurrects retaliation claims of steelworker fired for allegedly soliciting prostitutes
PHILADELPHIA – A steelworker fired for supposedly using his company phone to pick up prostitutes while working has had his retaliation claims resurrected by a federal appellate court. -
Third Circuit: Pa. State Police can't keep firearms it seized from cop killer’s parents
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled that the Commonwealth of Pennsylvania cannot maintain possession of a firearms cache it seized from the family of a man who committed a murderous attack against a state police barracks in 2014. -
Third Circuit upholds fraud investigator's firing by health care companies
PHILADELPHIA – A federal appellate court has affirmed a lower district court’s decision, which granted summary judgment to three health care companies and dismissed an investigator’s lawsuit, over allegations he was terminated unfairly after uncovering allegedly fraudulent actions. -
Plaintiffs who alleged racist school admissions policies in Philly, appeal denial of injunction to Third Circuit
PHILADELPHIA – A group of plaintiffs has appealed the denial of a preliminary injunction in their class action litigation, which claimed their children were denied admission to criteria-based schools due to the District’s discriminatory policies centered on race, to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit also says hospital's motion to compel arbitration in doctor's suit doesn't hold water
PHILADELPHIA – A federal appellate court has concurred with its lower court counterpart in denying a motion to compel arbitration in a dispute between a doctoral resident and her former employer. -
Third Circuit rules out-of-state FLSA plaintiffs must have connections to forum state
PHILADELPHIA – A federal appellate court has concurred with a lower court that out-of-state class action plaintiffs are not able to connect their Fair Labor Standards Act claims against Federal Express to any of the company’s contacts with Pennsylvania. -
Third Circuit throws out widow's suit against Tyson Foods over COVID-19 protections
PHILADELPHIA – The widow of a meatpacking supervisor for Tyson Foods who claimed that its deficient precautions to protect against COVID-19 led to her husband’s death from the disease last year, has now had her case dismissed by both a U.S. District Court and the U.S. Court of Appeals for the Third Circuit. -
BakerHostetler Expands Cybersecurity Practice With Addition of Former Federal Cybercrime Prosecutor Edward J. McAndrew
BakerHostetler Expands Cybersecurity Practice With Addition of Former Federal Cybercrime Prosecutor Edward J. McAndrew. -
Third Circuit: Appointment of custodian for Republic First Bank matter was unnecessary
PHILADELPHIA – A federal appellate court has ruled that appointing a custodian to oversee the affairs of Republic Bank was not required, even as it also OK’ed the ouster of a member of the bank’s Board of Directors. -
Third Circuit finds U.S. government immune from anonymous FBI employees' investment pay claims
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled that the United States government is immune from claims brought by a quartet of federal employees against it, for investment gains they said they would have received if the government made its retirement plan contributions on time during a 2018 shutdown.