U.S. Court of Appeals for the Third Circuit
Recent News About U.S. Court of Appeals for the Third Circuit
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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. -
Monessen residents' class action nuisance lawsuit versus landfill survives dismissal motion
PITTSBURGH – A class action, nuisance-based lawsuit from a group of Westmoreland County residents against a local landfill has survived a motion to dismiss in a Pennsylvania federal court. -
After Third Circuit orders undated Lehigh County ballots to be counted, SCOTUS denies stay
WASHINGTON – The U.S. Supreme Court denied an application for stay pending certiorari in a federal lawsuit first brought in Allentown, concerning whether or not 257 Lehigh County ballots missing the date on their outer envelopes will be officially counted in last November’s general election. -
Third Circuit concurs with District Court, on class certification for ERISA plan plaintiffs
PHILADELPHIA – A federal appellate court has affirmed a District Court decision which conferred class certification to plaintiffs enrolled in a retirement plan, who had alleged the company charged excessive record-keeping and administrative fees, and presented expensive investment options instead of more affordable alternatives. -
Facebook once again looks to dismiss television anchor's suit over improper image use
PHILADELPHIA – Facebook continues to seek dismissal of a local television news anchor’s litigation against the social media website for an alleged improper use of her image in a Philadelphia federal court, after the U.S. Court of Appeals for the Third Circuit reinstated it last fall. -
Curran-Fromhold Correctional Facility disclaims inmate's allegations of cruel and unusual punishment
PHILADELPHIA – Curran-Fromhold Correctional Facility and several of its officials have denied claims from a former inmate of the institution that he was subjected to cruel and unusual punishment, including being denied clean sheets, showers and not being allowed to leave his cell during a two-month incarceration. -
Fox Welcomes Former Assistant U.S. Attorney Haley Warden-Rodgers to Litigation Group in Pittsburgh
Fox Welcomes Former Assistant U.S. Attorney Haley Warden-Rodgers to Litigation Group in Pittsburgh. -
FOX 29 news anchor's improper image use case against Facebook returns to District Court
PHILADELPHIA – A local television news anchor’s litigation against a series of social media entities for an alleged improper use of her image across the Internet is now back in a Philadelphia federal court, after the U.S. Court of Appeals for the Third Circuit reinstated it last fall. -
Parties contesting motion for judgment, in legal malpractice case linked to $1 million bankruptcy action
PITTSBURGH – Parties involved in litigation connected to allegedly inadequate representation of a Pennsylvania contractor, one who lost $1 million in an underlying bankruptcy action, are continuing to contest a motion for judgment on the pleadings to potentially decide the case. -
Motion for judgment in play, in legal malpractice case linked to $1 million bankruptcy action
PITTSBURGH – Parties involved in litigation connected to allegedly inadequate representation of a Pennsylvania contractor, one who lost $1 million in an underlying bankruptcy action, are currently battling over a motion for judgment on the pleadings to potentially decide the case.