Third Circuit Court of Appeals
Third Circuit Court of Appeals Newswire

Third Circuit Court of Appeals Newswire

Comprehensive Real-Time News Feed for Third Circuit Court of Appeals.

Results 1 - 20 of 949 in Third Circuit Court of Appeals

  1. Sanctioned Firm Seeks to Stop Court From Questioning ClientsRead the original story w/Photo

    9 hrs ago | FindLaw

    A large class action law firm has filed a writ of mandamus with the Third Circuit, seeking to prevent a court appointed special master from interviewing its plaintiffs . The firm, Hagens Berman Sobol Shapiro, gained prominence due to its role in the $260 billion tobacco settlement in the late 1990s, but recently received sanctions for thalidomide lawsuits which were described as "bad-faith advocacy" which " gives new meaning to 'frivolous .'

    Comment?

  2. Editorial: Windfall: Are carbon fees actually a tax?Read the original story w/Photo

    11 hrs ago | Monterey County Herald

    The answer should come when the 3rd District Court of Appeals rules in a lawsuit filed by the California Chamber of Commerce. The suit maintains that California's “cap-and-trade” fees that are supposed to reduce greenhouse gas emissions are actually taxes in environmentalist clothing.

    Comment?

  3. Sanctioned Firm Seeks to Stop Court From Questioning ClientsRead the original story w/Photo

    12 hrs ago | FindLaw

    A large class action law firm has filed a writ of mandamus with the Third Circuit, seeking to prevent a court appointed special master from interviewing its plaintiffs . The firm, Hagens Berman Sobol Shapiro, gained prominence due to its role in the $260 billion tobacco settlement in the late 1990s, but recently received sanctions for thalidomide lawsuits which were described as "bad-faith advocacy" which " gives new meaning to 'frivolous .'

    Comment?

  4. Judge Certifies False Claims Act Retaliation IssueRead the original story w/Photo

    Yesterday | Law.com

    A federal judge has certified for immediate appeal the first impression issue of whether anti-retaliation provisions in the False Claims Act apply to an employee who filed a whistleblower suit against a former, unrelated employer. Although U.S. District Chief Judge Joy Flowers Conti of the Western District of Pennsylvania denied Mylan Pharmaceuticals' motion to dismiss a retaliation claim brought by a fired Mylan employee, who had pursed a qui tam action against his previous employer, Cephalon, she further decided to certify the issue for appeal to the U.S. Court of Appeals for the Third Circuit.

    Comment?

  5. Third Circuit Creates Turmoil Over CertificationRead the original story w/Photo

    Sunday May 24 | Law.com

    What should judges do when a class action charges a company with cheating thousands of people out of small amounts of money each, but there are no records of who those people are? For decades, the answer has been clear: Certify the class if it meets the requirements for class certification, then distribute any funds recovered to class members who submit valid claim forms or affidavits. If that's not sufficient, distribute the funds to appropriate others via cy pres awards so the case compensates the class members to the extent it can, holds the defendant accountable and deters the defendant and others from violating the law and class members' rights in the future.

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  6. Florida court spurns Connolly bid for bailRead the original story

    Saturday May 23 | Boston Herald

    Former James "Whitey" Bulger handler and disgraced ex-FBI agent John "Zip" Connolly Jr. won't be flipping burgers at any Memorial Day cookouts this year, now that the Supreme Court of Florida has denied his request for bail while an appeals court decides his fate. "The petition for writ of habeas corpus is hereby denied," read the one-page motion filed Friday that shoots down Connolly's request to be released from a Florida panhandle prison while an appeals court reconsiders his second-degree murder conviction in a mob-style murder tied to Bulger, the notorious South Boston gangster.

    Comment?

  7. Third Circuit Upholds the Motor Carrier Exemption for Drivers Who Did ...Read the original story w/Photo

    Thursday May 21 | jdsupra.com

    Are drivers of a motor carrier who rarely or never drive the carrier's interstate routes covered by the motor carrier exemption of the Fair Labor Standards Act? Yes, according to the U.S. Court of Appeals for the Third Circuit in Resch v. Krapf's Coaches, Inc .

    Comment?

  8. Pennsylvania prison bars Bay View; prisoner fights back - and winsRead the original story w/Photo

    Thursday May 21 | San Francisco Bay View

    "Censorship in Solitary Confinement is Psychological Torture" - Art: Michael D. Russell, C-90473, PBSP SHU D7-217, P.O. Box 7500, Crescent City CA 95532 At the outset, it must be clearly understood that barring an issue of the Bay View severely burdens the First Amendment rights of innocent third parties by a racist and prejudiced committee whose intent is to bar a Black newspaper from communicating with Black prisoners. The Inmate Publication Review Committee will find or manufacture a reason to keep Black prisoners from reading it, which violates the Bay View's freedom of speech and my freedom of the press, under Article 1, Section 7, of the Pennsylvania Constitution and the First Amendment of the U.S. Constitution.

    Comment?

  9. Actions on judicial nomination misrepresentedRead the original story w/Photo

    Wednesday May 20 | O-R Online

    ... to the Third Circuit. I fully support the president's proposal to elevate Restrepo to the Third Circuit Court of Appeals, just as I supported his confirmation to the federal district court. In 2012, I joined Sen. Bob Casey in asking the White House ...

    Comment?

  10. Third Circuit Addresses 'Severe and Pervasive' Workplace BehaviorRead the original story w/Photo

    Nov 12, 2014 | Law.com

    How "severe" an offensive workplace must be to rise to the level of actionable harassment is an ongoing balancing act by courts in the Third Circuit. While the language courts use is well-known, and comes from U.S. Supreme Court cases, the application of that language is often the subject of nuanced interpretation.

    Comment?

  11. Deputy's Right to Privacy Determined to Outweigh Gov't InterestRead the original story w/Photo

    Nov 4, 2011 | Law.com

    When is filming your female subordinate while in various states of undress a constitutional violation? That was the issue the 3rd U.S. Circuit Court of Appeals grappled with in its Oct. 12 opinion in Doe v. Luzerne County .

    Comment?

  12. Law firm asks 3rd Circuit to block court-ordered interviews of over 30 clientsRead the original story

    Wednesday May 20 | ABA Journal

    Facing sanctions over thalidomide birth-defect litigation that was determined to be either baseless or time-barred, did the plaintiffs' law firm dismiss 27 cases for its own benefit? That is the question a federal judge in Philadelphia is asking and seeking to answer by having special master William Hangley interview more than 30 clients of Hagens Berman Sobol Shapiro, according to Forbes and the Legal Intelligencer . However, the firm is fighting the plan, and has filed a writ of mandamus asking the Philadelphia-based 3rd U.S. Circuit Court of Appeals to block the interviews, citing attorney-client privilege.

    Comment?

  13. Status of Pay-for-Delay Cases Nearly Two Years After Actavis -...Read the original story w/Photo

    Tuesday May 19 | JD Supra

    Nearly two years ago the Supreme Court issued its opinion in FTC v. Actavis , 133 S. Ct. 2223 , holding that a reverse payment made by a brand manufacturer to a generic manufacturer to resolve pending patent litigation could satisfy a violation of the Sherman Antitrust Act.

    Comment?

  14. BriefcaseRead the original story

    Wednesday May 20 | Altoona Mirror

    UPMC Altoona's Laboratory Services received accreditation from The Accreditation Committee of the College of American Pathologists, based on results of a recent on-site inspection as part of the CAP's Accreditation Programs. The U.S. federal government recognizes the CAP accreditation program as being equal to or more stringent than the government's own inspection program.

    Comment?

  15. What Chesapeake Bay has to teach Lake Erie about environmental...Read the original story w/Photo

    Sunday May 17 | The Plain Dealer

    I am writing to share some observations concerning Plain Dealer reporter D'Arcy Egan's article, "Legislation calls for federal coordinator to lead fight to stop Lake Erie pollution," that ran on cleveland.com April 24. While a federal coordinator would certainly be a positive development, as your article notes, we have a model in the Chesapeake region that could also be useful for your region. The problems of nitrogen and phosphorus pollution in the Chesapeake Bay have been documented for decades.

    Comment?

  16. Workers Comp a Ex-lineman's appeal could delay NFL concussion...Read the original story w/Photo

    Thursday May 14 | Business Insurance

    An appeal lodged on behalf of a former player on Wednesday may delay a settlement in a class action lawsuit brought by more than 4,500 former players against the National Football League for concussion-related injuries. Lawyers representing the former player, Craig Heimburg, filed notice that they intend to appeal the settlement before the U.S. 3rd Circuit Court of Appeals in Philadelphia.

    Comment?

  17. 3rd Cir. Upholds Porn Recordkeeping RequirementsRead the original story w/Photo

    Sunday May 3 | FindLaw

    In an attempt to make porn distributors police themselves, Congress passed into law 18 USC 2257 , which requires that they keep records of all their performers so they can prove no one in their employ is underage. They also must produce these records at the government's request, or permit the government to inspect them at any time.

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  18. Toomey gives approval for Restrepo nominationRead the original story w/Photo

    Thursday May 14 | Philly.com

    Sen. Pat Toomey has given his approval to advance a Philadelphia judge's nomination to the U.S. Court of Appeals for the Third Circuit, clearing one obstacle for a nominee who critics argued was being stalled over politics. Toomey has submitted his "blue slip" to the Judiciary Committee, giving his blessing to holding a hearing on the nomination of Luis Felipe Restrepo, a federal judge in the Eastern District of Pennsylvania.

    Comment?

  19. PA-Sen: Pat Toomey (R) Insists He's Not Holding Up A Judicial Nominee He's Holding UpRead the original story w/Photo

    Thursday May 14 | Daily Kos

    And so the ridiculous saga of the Tea Party U.S. Senator from Pennsylvania and the judicial nominee he recommended that he's delaying a vote for continues: Sen. Pat Toomey insisted Wednesday that he's not blocking one of his own judicial nominees for political reasons -- even as he is still refusing to give the Senate Judiciary Committee the green light to give that nominee a hearing. Toomey has been getting pummeled back home for the Senate's delay in confirming Luis Felipe Restrepo to the U.S. Court of Appeals for the 3rd Circuit.

    Comment?

  20. Sen. Pat Toomey insists he's not blocking the judicial nomination he's totally blockingRead the original story w/Photo

    Thursday May 14 | Daily Kos

    Sen. Pat Toomey inexplicably has been blocking a judicial nominee whom he actually endorsed and has been supporting since 2013. But Toomey won't provide his "blue slip" for the nomination-the formal go-ahead senators give the chairman of the Judiciary Committee to proceed with nomination hearings.

    Comment?