Yesterday, the Third Circuit issued an Order, which is effective tomorrow, May 1, that reduces the number of paper copies of briefs that must be filed. Currently, Local Appellate Rule...
By a 64-34 vote, the United States Senate today confirmed Magistrate Judge Shwartz to a seat on the Third Circuit Court of Appeals. Despite her undoubted credentials, and as was...
Erie Molded Plastics, Inc. v. Nogah, LLC, 2013 U.S. App. LEXIS 5991 (3d Cir. March 26, 2013). In a commercial case, defendant advised its attorneys that it would no longer...
Wiest v. Lynch, 701 F.3d 121 (3d Cir. 2013). This is a very interesting case brought under the whistleblower protections of the Sarbanes-Oxley Act, 18 U.S.C. §1514A, and Pennsylvania law. The Third Circuit,...
On February 14, this blog reported on an article documenting a substantial decline in oral arguments in appeals before the Third Circuit Court of Appeals. The statistics reported in that article...
Freeman v. Pittsburgh Glass Works, LLC, 709 F.3d 240 (3d Cir. 2013). This appeal involved plaintiff's assertion that an arbitration award should be vacated because the arbitrator was biased. The district court rejected that...
Caprio v. Healthcare Revenue Recovery Group, LLC, 709 F.3d 142 (3d Cir. 2013). The Fair Debt Collection Practices Act, 15 U.S.C. §1692g ("FDCPA"), requires debt collectors to include in collection letters a "debt...
Interstate Outdoor Advertising, L.P. v. Mt. Laurel Tp. Bd. of Adj., 706 F.3d 527 (3d Cir. 2013). The Township of Mount Laurel, best known for its role in a series of affordable...
Howard Bashman, who writes the How Appealing blog, has written a very instructive article about how oral argument in the Third Circuit has become increasingly rare since the court year that ended...
Earlier today, the Senate Judiciary Committee approved the nomination of Judge Shwartz for a seat on the Third Circuit Court of Appeals. The vote was 11-7, almost entirely on party...