Recent Posts

Trump Lawsuit Over Pennsylvania Casino License Tossed
Posted on 9 Jan 2011 by LexisNexis Litigation Resource Community Staff

PHILADELPHIA - (AP) A federal appeals court on Friday threw out a lawsuit against former members of the Pennsylvania Gaming Control Board over their rejection of a Donald Trump company's effort to obtain a Philadelphia casino license. The 3rd U.S... Read More

Pennsylvania Teens Can't Be Suspended For MySpace Parodies
Posted on 15 Jun 2011 by LexisNexis Litigation Resource Community Staff

PHILADELPHIA - (AP) Two Pennsylvania teens cannot be disciplined at school for MySpace parodies of their principals created on home computers, a federal appeals court ruled Monday in a high-profile case involving students and free speech. The postings... Read More

ABA Public Utility, Communications And Transport Labor Committee Spring 2011 Report
Posted on 24 May 2011 by LexisNexis Litigation Resource Community Staff

By the American Bar Association Section of Public Utility Excerpt: I. EMPLOYMENT LAW DEVELOPMENTS A. Title VII 1. Third Circuit Holds that Lilly Ledbetter Fair Pay Act Does Not Apply to Title VII Failure-to-Promote Claims In Noel v. The Boeing Company... Read More

Ballard Spahr LLP: 3rd Circuit Rejects Class Certification in Yet Another Consumer Case
Posted on 30 Sep 2014 by Ballard Spahr LLP

By Burt M. Rublin and Joel E. Tasca Consistent with its recent emphasis on the stringency of class certification requirements in consumer cases, the Third Circuit recently affirmed the denial of class certification in a consumer case involving alleged... Read More

Ballard Spahr LLP: 7th Circuit Rejects 'Heightened Ascertainability' Requirement For Class Actions
Posted on 4 Aug 2015 by Ballard Spahr LLP

By Michael R. Carroll and Burt M. Rublin Creating a clear circuit split on a class action issue of increasing importance, the Seventh Circuit has rejected the notion that in order to certify a class, a trial court must be able to... Read More

3rd Circuit: Humana Can Sue GSK For Reimbursement For Avandia-Related Expenses
Posted on 29 Jun 2012 by Tom Moylan

PHILADELPHIA - (Mealey's) Medicare Advantage provider Humana Medical Plan Inc. is allowed under Medicare law to seek reimbursement from GlaxoSmithKline PLC (GSK) for the costs of treating insurance customers who were injured by GSK's Avandia diabetes... Read More

High Court Hears Oral Arguments In Antitrust Class Certification Case
Posted on 5 Nov 2012 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 5 heard oral arguments on "[w]hether a district court may certify a class action without resolving whether the plaintiff class has introduced admissible evidence, including expert testimony... Read More

High Court Refuses To Review Ruling In Asbestos Coverage Dispute
Posted on 3 Oct 2011 by Gina Cappello

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari filed by an insured seeking review of whether an insurer is collaterally estopped from enforcing an arbitration clause in a settlement agreement... Read More

U.S. High Court: Prison Officers Not Immune From Assault Claims
Posted on 28 Mar 2013 by Bajeerah LaCava

WASHINGTON, D.C. - (Mealey's) The Federal Tort Claims Act (FTCA) waives sovereign immunity for law enforcement officers' acts where a claim arises out of one of six intentional torts where an officer is "acting within the scope of his office... Read More

DLA Piper: 11th Circuit Opinion On Ascertainability Will Likely Make It Tougher To Certify Class Of Purchasers Of Small-Dollar Consumer Products
Posted on 30 Jun 2015 by DLA Piper

By E. Colin Thompson | A panel of the Eleventh Circuit Court of Appeals, in an unpublished opinion, has issued a much-anticipated decision regarding the implicit ascertainability requirement for class certification. The court held that a plaintiff... Read More

3rd Circuit: Defect, Warranty Claims For Vagus Nerve Stimulator Preempted
Posted on 3 Aug 2010 by Tom Moylan

PHILADELPHIA - (Mealey's) The Third Circuit U.S. Court of Appeals on July 30 affirmed that manufacturing defect and breach of warranty claims involving the Vagus Nerve Stimulation (VNS) Therapy System made by Cyberonics Inc. are expressly preempted... Read More

3rd Circuit Affirms Dismissal Of Health Care Act Case For Lack Of Standing
Posted on 3 Aug 2011 by Cheryl Keely

NEWARK, N.J. - (Mealey's) A Third Circuit U.S. Court of Appeals panel on Aug. 3 affirmed the dismissal of a challenge to the Patient Protection and Affordable Care Act (PPACA) brought by a New Jersey physician, one of his patients and a physician... Read More

U.S. Supreme Court Refuses To Hear Law Firm's Appeal Regarding Debt Collection
Posted on 23 Jan 2012 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 23 declined to hear a case in which the Third Circuit U.S. Court of Appeals had determined that a law firm's communication with a Chapter 13 debtor pertaining to the foreclosure of her... Read More

High Court Considers Whether Offer Of Judgment Moots Collective Action
Posted on 3 Dec 2012 by Joan Grossman

WASHINGTON, D.C. - (Mealey's) An employer's offer of judgment in an amount representing alleged unpaid wages plus attorney fees, costs and expenses under Federal Rule of Civil Procedure 68 to an employee who brought a collective action under the... Read More

Behrend v. Comcast: 3rd Circuit Affirms Class Certification In Antitrust Case
Posted on 15 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration. How a plaintiff manages around that... Read More