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 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. -
Third Circuit: Carnegie Mellon did not fail computer science student because of his ADHD
PHILADELPHIA – A panel of judges from the U.S. Court of Appeals for the Third Circuit has affirmed a trial court decision which found that Carnegie Mellon University did not discriminate against a master’s degree student afflicted with attention deficit hyperactivity disorder, when he failed out of the school’s computer science program. -
Third Circuit resurrects suit of Pittsburgh Police candidate allegedly denied a job due to ADHD
PITTSBURGH – A panel of judges from the U.S. Court of Appeals for the Third Circuit has reinstated a lawsuit against the City of Pittsburgh, brought by a man who claimed he was denied a position with the city’s police department because he suffered from attention deficit hyperactivity disorder. -
During appeal, injunction against Port Authority's 'Black Lives Matter' mask ban stays in place
PITTSBURGH – Though the Port Authority of Allegheny County has appealed an injunction granted in January to enjoin a ban on its employees wearing face masks emblazoned with “Black Lives Matter” at work to the U.S. Court of Appeals for the Third Circuit, the trial judge ruled the injunction must stay in place for now. -
Third Circuit rules against inmate who claimed he was sexually assaulted
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has affirmed the ruling of a lower federal court, which dismissed an incarcerated man’s lawsuit alleging violation of the Eighth Amendment and other charges as unsupported. -
SCOTUS could decide if Pennsylvania counties can hire private lawyers to sue paint industry
WASHINGTON (Legal Newsline) - Attorneys for Sherwin-Williams have petitioned the U.S. Supreme Court to reverse an appeals court ruling from last August that the paint manufacturer had no standing when it asked the court to prohibit Delaware County, Pa., from using outside counsel in a pending lawsuit over lead paint. -
Sherwin-Williams fights lawyers' partnership with Montgomery, Lehigh officials in high-stakes litigation
Attorneys representing Sherwin-Williams are asking courts in two Pennsylvania counties, Lehigh and Montgomery, to prohibit private lawyers from working on contingency fees in lead paint lawsuits brought by government officials that could result in billions of dollars in costs for the paint industry. -
Third Circuit rules trial court rightly dismissed man's suit against home ownership counseling organization
PHILADELPHIA – A federal appeals court has ruled that a lower court was correct when it dismissed with prejudice an action brought by a Philadelphia man against a home ownership counseling group, when the plaintiff failed to take timely action to amend his claims. -
Third Circuit affirms summary judgment against former Worthington police chief who sued for civil rights violations
PHILADELPHIA – A federal appeals court panel has decided that a trial court ruling of summary judgment will stand in a civil rights lawsuit filed by a former police chief who was targeted for investigation and faced criminal charges, subsequent to his firing. -
Third Circuit vacates two criminal counts for convicted political operative Kenneth Smukler
PHILADELPHIA – A federal appellate court has vacated a pair of criminal counts for Kenneth Smukler, an attorney and ex-aide to Democratic Rep. Bob Brady who was convicted more than two years ago of violating multiple federal election laws.