U.S. Court of Appeals for the Third Circuit
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Third Circuit: Clarity needed in case by parents of killer against state police
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ordered that a civil rights lawsuit over an allegedly unlawful seizure of a firearms cache needs additional evidence in support of the parties’ Second Amendment arguments. -
Ruling to extend mask mandate in Perkiomen Valley School District creates schism on the issue in Pa. federal courts
PHILADELPHIA – Pennsylvania federal courts must now contend with a split between the Eastern and Western Districts on the issue of school mask mandates, as a ruling this week from a Philadelphia judge denying the Perkiomen Valley School District’s attempt to stop its mandate broke from the trend of recent rulings in more westward courts. -
SEPTA wins summary judgment against Title VII and PHRA claims lodged by former assistant director
PHILADELPHIA – A federal judge granted summary judgment to the Southeastern Pennsylvania Transportation Authority against one of its former station directors, who alleged he was demoted in a retaliatory fashion 2020, in return for internal complaints he lodged with the group from 2017 to 2019. -
Third Circuit reverses ruling on class certification in homeowner's suit against natural gas company
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reversed the denial of class action certification to a homeowner engaged in litigation with a natural gas company, over its alleged usage of his property to store natural gas without compensating him. -
Case over Philadelphia's cancel of Columbus Day is appealed after judge dismissed it
PHILADELPHIA – After a federal judge dismissed a discrimination suit from Philadelphia City Council member Mark Squilla and local Italian-American groups over Mayor Jim Kenney’s removal of Columbus Day as an observed city holiday, the case has been appealed to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit reinstates lawsuit against Millersville University over coed murdered on campus by boyfriend
PHILADELPHIA – A federal appellate court has ruled that Millersville University will face a wrongful death lawsuit from the parents of a student murdered on campus by her boyfriend in February 2015. -
Widow who sued Tyson Foods over husband's COVID appeals loss to Third Circuit
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 and had her case dismissed by a federal judge, is now appealing to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit upholds injunction against Philadelphia's ban on flavored cigars
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed a lower federal court’s ruling, which found that Pennsylvania state law and a related injunction bars the City of Philadelphia from enforcing its ban on sales of flavored cigars. -
Jefferson-Morgan School District wants to throw out defamation suit from football player's banned father
PITTSBURGH – Jefferson-Morgan School District is attempting to have dismissed a lawsuit brought against it by the father of a varsity high school football player, due to his being barred from the campus and football stadium after he asked the head coach to resign following a game last year. -
Federal judge denies MyLife.com's attempt to dismiss defamation case of fencing academy owner
PHILADELPHIA – A federal judge has rebuffed an attempt by the MyLife.com website to dismiss litigation from a Bucks County man and fencing instruction facility, finding that limited discovery should be conducted on the issue of whether or not the case will head to arbitration. -
Physical therapy firm argues Third Circuit decision indemnifies it from clients’ COVID-19 contraction and PPE case
PITTSBURGH – A physical therapy firm accused of not using personal protective equipment and leading a Bethel Park couple to contract COVID-19 has cited a recent decision from the U.S. Court of Appeals for the Third Circuit in support of its efforts to dismiss the plaintiffs’ case. -
Third Circuit: Government needs court approval to end whistleblower False Claims Act lawsuits filed on its behalf
PHILADELPHIA – In adding to a schism among the country’s federal appellate courts, the U.S. Court of Appeals for the Third Circuit ruled Thursday that the U.S. government requires judicial approval to dismiss a whistleblower’s health care fraud case, brought on its behalf. -
Lancaster religious order's faith infringement suit against gas pipeline group appealed to Third Circuit
ALLENTOWN – 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 appealed their case to the U.S. Court of Appeals for the Third Circuit. -
Third Circuit upholds dismissal of 'premature' suit from police officer who sued over medical benefits denial
PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit agreed with a lower federal court that an injured, part-time police officer filed suit for denial of her medical benefits too quickly, before the benefits themselves were officially denied. -
Judge dismisses religious order's second lawsuit alleging natural gas pipeline infringes on its rights to practice their faith
ALLENTOWN – A federal judge has dismissed with prejudice a lawsuit from a religious order which alleged their rights to practice their faith were being infringed through construction of a natural gas pipeline, for lack of jurisdiction. -
Judge OKs mid-case appeal of pilot's carbon monoxide exposure lawsuit to Third Circuit
PITTSBURGH – A federal judge has approved a California-based airline’s attempt to obtain interlocutory review from the U.S. Court of Appeals for the Third Circuit, in a lawsuit filed by a pilot allegedly poisoned by carbon monoxide exposure. -
Third Circuit says lone text message not enough to prove former police sergeant's gender-discrimination claim
PHILADELPHIA – A federal appellate court recently decided that a lower court’s ruling to dismiss a former Philadelphia police sergeant’s hostile work environment claim was correct, in that the claim wasn’t supported beyond an errant text message. -
White Deer Township zoning board files for summary judgment in row over rejected application
WILLIAMSPORT – Following a similar move from Verizon, White Deer Township’s Zoning Hearing Board has also 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 revives FOX 29 news anchor's improper image use case against Facebook, citing state IP law
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reinstated litigation from a local television news anchor who sued a series of social media entities for an alleged improper use of her image across the Internet, overcoming a federal law which usually prevents lawsuits against third-party providers of online content due to the case focusing on intellectual property rights. -
SEPTA bus driver who struck pedestrian appeals loss in wrongful termination lawsuit
PHILADELPHIA – A federal appellate court will now consider the claims of a Black SEPTA bus driver who says he was racially discriminated against, when he was terminated after striking a pedestrian on the job.