A look at the “insightful and compelling case” for en banc rehearing in the...
Stephen McConnell, a partner at Reed Smith in Philadelphia, has this thoughtful post, titled “A Second Look at Eye-Drop Litigation,” on the Drug & Device Law blog. The post is a close look at the...
View ArticleNew opinion — Third Circuit issues a major qui tam opinion recognizing...
US ex rel Spay v. CVS Caremark — qui tam — affirmance — McKee The Third Circuit today affirmed on alternative grounds the dismissal of a suit under the False Claims Act. The district court had...
View ArticleA Third Circuit panel *really* didn’t like the district court opinion it was...
A Third Circuit panel yesterday issued a non-precedential opinion in Betz v. Satteson, and, although they affirmed, they expressed their displeasure with the opinion below with gusto. Right out of the...
View ArticleTwo lessons from the amended opinion in Mathias
Yesterday the court issued an amended opinion in Mathias v. Superintendent and an order explaining what changed. The changes themselves, which the court described as “minor,” are of interest mainly to...
View ArticleNew opinion — Third Circuit grants resentencing in Guidelines-interpretation...
US v. Ley — criminal sentencing — reversal — Fisher The Third Circuit today ruled in a criminal defendant’s favor in his appeal challenging the district court’s interpretation of a...
View ArticleNew opinion — an ERISA affirmance
Sikora v. UPMC — ERISA — affirmance — Smith The Third Circuit affirmed today in an ERISA appeal involving a type of retirement plan quaintly called a top-hat plan. The ruling arguably deepened a...
View ArticleTwo new opinions, including a big qualified-immunity reversal
Kedra v. Schroeter — civil rights — reversal — Krause A Pennsylvania state trooper died during a routine firearms training when the instructor allegedly failed to check whether a gun was empty before...
View ArticleNew opinions — an en banc maritime appeal and a messy escheat appeal
Joyce v. Maersk Line — maritime — affirmance — Jordan The en banc Third Circuit today unanimously overruled a circuit-outlier 1990 maritime case and held that “a union contract freely entered by a...
View ArticleSupreme Court solicits SG’s views on Fosamax case
The Supreme Court yesterday invited the Solicitor General to file a brief in Merck Sharp & Dohme v. Albrecht, No. 17-290. Merck’s petition for certiorari is pending. Justice Alito is recused. When...
View ArticleNew opinion — Third Circuit reverses qualified-immunity error despite...
Barna v. Board of School Directors — civil rights — partial reversal — Chagares After a man was “threatening and disruptive” at several school board meetings, the school board banned him from attending...
View ArticleNew opinion — an IDEA administrative-exhaustion appeal
Wellman v. Butler Area School Dist. — civil / disability — reversal — Shwartz The Third Circuit today held that a plaintiff’s suit under the Americans with Disabilities Act, the Rehabilitation Act, and...
View ArticleTwo new opinions
US v. Graves — criminal — affirmance — Roth The Third Circuit today affirmed a criminal conviction and sentence, rejecting the defendant’s arguments that his motion to suppress should have been granted...
View ArticleNew opinion — firing employee for refusing to be vaccinated wasn’t religious...
Fallon v. Mercy Catholic Med. Ctr. — civil — affirmance — Roth An employee of a Catholic hospital refused to get a flu shot on grounds that he claimed were religious. When the hospital fired him, he...
View ArticleNew opinion — second time is the charm for ticket buyer suing the NFL
Finkelman v. NFL — civil — reversal — Fuentes The introduction of today’s opinion: Plaintiff Josh Finkelman had the once-in-a-lifetime opportunity to buy tickets to Super Bowl XLVIII held in his home...
View ArticleNew opinion — Eleventh Amendment bars GSK’s challenge to state’s Flonase suit
In re: Flonase Antitrust Litig. — civil — affirmance — Greenaway The Third Circuit today upheld a district court’s rejection of a pharmaceutical company’s effort to enforce a settlement and enjoin...
View ArticleThird Circuit grants en banc rehearing in Hayes housing appeal
Today the Third Circuit granted en banc rehearing in Hayes v. Harvey, an important public-housing appeal. [Update: the order granting is now on the circuit website.] A divided panel had ruled in...
View ArticleAnother en banc grant today — this one is a big Virgin Islands case
I posted earlier today about the Third Circuit’s order granting rehearing en banc in Hayes v. Harvey. A thoughtful reader has alerted me that the court granted en banc rehearing today in a second case,...
View ArticleNew opinion — Third Circuit reverses summary judgment in FDCPA suit
Panico v. Portfolio Recovery Assocs. — civil — reversal — Restrepo Applying Delaware statute-of-limitations law, the Third Circuit today reversed a grant of summary judgment in favor of the defendants...
View ArticleTwo new opinions
Please excuse my cursory summaries today, I’m in the home stretch working on a big Third Circuit brief. DiFiore v. CSL Behring — civil — affirmance — Fisher The Third Circuit today affirmed a district...
View ArticleNew opinion — Rooker-Feldman doesn’t bar bankruptcy trustee’s fraudulent...
In re: Philadelphia Entertainment & Development Partners — bankruptcy / civil — reversal — Greenberg For all of you who’ve been dying for a Third Circuit Rooker-Feldman opinion–you know who you...
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