U.S. Court of Appeals for the Third Circuit
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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. -
Inmate with gender dysphoria not denied access to medical treatment, Third Circuit rules
PHILADELPHIA – A per curiam panel from the U.S. Court of Appeals for the Third Circuit has agreed with a lower court that corrections officers and administrators did not deny a state prisoner access to doctor-ordered treatment. -
FOX anchor's counsel argues to Third Circuit that intellectual property rights should preserve his client's publicity case
PHILADELPHIA – Counsel for a local television news anchor who sued a series of social media entities for an alleged improper use of her image across the Internet argued to the U.S. Court of Appeals for the Third Circuit that the case should proceed, despite a federal law which prevents lawsuits against third-party providers of online content. -
NFL announces stop to 'race-norming' practice in evaluating concussion settlement claims
PHILADELPHIA – The National Football League announced it will stop a practice known as “race-norming” – which operated under the assumption that Black players began their football careers with decreased cognitive function as compared to white colleagues – in its handling of the billion-dollar settlement program of brain injury claims brought by former NFL players, and examine past determinations for examples of racial bias. -
Third Circuit agrees with trial court that inmate with schizophrenia failed to show deliberate indifference from prison docs
PHILADELPHIA – A per curiam complement of judges from the U.S. Court of Appeals for the Third Circuit has agreed with a trial court ruling that a Western Pennsylvania inmate suffering from schizophrenia, failed to show that medical officials at his corrections facility interfered with and altered his treatments. -
Third Circuit agrees that man's constitutional rights weren't violated in state court's record-expunging process
PHILADELPHIA – A per curiam panel of judges from the U.S. Court of Appeals for the Third Circuit agreed with a lower federal court, which had previously thrown out a civil rights case from a man who claimed the Delaware County Court of Common Pleas violated his rights, when he tried to expunge his criminal record. -
Phila. court not extending jurisdiction to state law claims, from estate of man who died in Montco officers' custody
PHILADELPHIA – A Philadelphia federal court has declined to exercise supplemental jurisdiction over state law claims, brought by the estate of a man who suffered a severe medical episode and died in custody at the Montgomery County Correctional Facility. -
Third Circuit: Professional malpractice cases without certificates of merit were properly dismissed by lower federal court
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has affirmed the ruling of a lower federal court, which stated that a pair of professional malpractice cases were properly dismissed due to their not containing certificates of merit. -
Third Circuit: Dismissal of man's suit over alleged improper sale of property he acquired from his wife, was correct
PHILADELPHIA – A per curiam panel from the U.S. Court of Appeals for the Third Circuit has affirmed the ruling of a lower federal court, which had thrown out a lawsuit concerning a man’s dispute over the sale of property he says he acquired from his incapacitated wife. -
Attorney accuses Pierce Bainbridge partner of misconduct in fee-sharing litigation, seeks to re-open case
PHILADELPHIA – A Philadelphia attorney alleges that improper conduct on the part of Pierce Bainbridge founder John M. Pierce, in the form of threatening an unauthorized legal malpractice suit, was done in an attempt to notch a dismissal in a fee-sharing dispute matter. -
Judge dismisses suit from young gun owners and firearms rights groups, finds claims have no connection to Second Amendment
PITTSBURGH – A federal judge has dismissed with prejudice litigation from a trio of young gun owners and a pair of non-profit firearms rights organizations who argued state laws violated their Second Amendment rights, finding that the argument fell outside the auspices of the U.S. Constitution. -
Prosecutors did not conspire to hamper man's exoneration, says federal appellate court
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has ruled there was no evidence to a civil rights case initiated by a man who claimed prosecutors conspired to add charges after his arrest and prevent his exoneration. -
Third Circuit upholds dismissal of Philly inmate's race discrimination suit against municipal, medical defendants
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has affirmed the ruling of a lower federal court, which granted summary judgment to municipal and medical defendants against a discrimination lawsuit filed by an inmate in a Philadelphia prison. -
Nuisance suit against Lehigh County landfill dropped, after deposition reveals wastewater plant is responsible for smell instead
ALLENTOWN – A nearly three-year-long legal battle centered on two Northampton County residents’ class action, public nuisance lawsuit against the Bethlehem Landfill Company was recently ended through voluntary dismissal, after it was learned the landfill wasn’t responsible for the acts alleged in their case. -
Judge throws out meatpacking workers' COVID-19 safety lawsuit against OSHA
SCRANTON – A federal judge has granted the Occupational Safety and Health Administration’s motion to dismiss a lawsuit from workers at a meat processing plant, litigation which alleged the agency refused to enforce COVID-19 pandemic protocols in spite of receiving complaints about the workplace situation. -
Third Circuit affirms dismissal of man's wrongful death suit against Berks County nursing entities
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has upheld a lower federal court’s dismissal of a negligence and wrongful action brought against Berks County and related health care entities, which charged they were responsible for the death of the plaintiff’s mother. -
Third Circuit: Uber will defend against disability discrimination claims in class action lawsuit
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has unanimously ruled that Uber must face disability discrimination claims from motorized wheelchairs users, who alleged the ride share service did not provide them with Americans with Disabilities Act-compliant vehicles. -
COZEN O'CONNOR: PBA Names 2020 Commission on Women in the Profession (WIP) Award on Behalf of H. Robert Fiebach
The Pennsylvania Bar Association has named its 2020 Commission on Women in the Profession (WIP) Award on behalf of H. Robert Fiebach, senior counsel in Cozen O’Connor’s Commercial Litigation Department and co-chair of the firm’s Legal Malpractice Group. -
Case alleging Black players are being shortchanged in NFL concussion settlement going before Third Circuit
PHILADELPHIA – A diverted federal discrimination case brought by two retired National Football League players against the organization – claiming that it manipulated cognitive function data to make it less likely Black players would receive proceeds from the 2016 concussion settlement – will now be heard before the U.S. Court of Appeals for the Third Circuit. -
Third Circuit says lower court rightly dismissed convicted murderer's fraud case against Philadelphia legal entities
PHILADELPHIA – A trio of judges from the U.S. Court of Appeals for the Third Circuit agreed with a lower federal court that legal entities representing the City of Philadelphia did not commit fraud and misrepresentation, in connection with a settlement reached in a wrongful arrest case.