Third Circuit Court of Appeals

The Third Circuit in High Gear

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five...

"Good Cause" is Required to Amend a Complaint After a Scheduling Order Deadline for Amendment Has Passed

Premier Comp Solutions, LLC v. UPMC, 730 F.3d 316 (3d Cir. 2020). Under Rule 15 of the Federal Rules of Civil Procedure, amendments to pleadings are liberally granted. But when...

Challenges to Class Representative's Adequacy and to Predominance of Common Issues Fail to Overturn Class Certification in Antitrust Class Case

In re Suboxone Antitrust Litig., 967 F.3d 264 (3d Cir. 2020). In this antitrust class action case, direct purchasers of Suboxone, a prescription pharmaceutical used to treat addiction to opioids,...

Entire Controversy Doctrine Does Not Bar Second Case Brought by Party Who, as a Defendant, Defeated a Prior Case for Failure to State a Claim

Bank Leumi USA v. Kloss, 243 N.J. 218 (2020). As discussed here, this was a case involving a certified question from the Third Circuit Court of Appeals, and for the...

Making Up Ground

Due to a personal matter, there have been no posts on this blog since June 2. This post will summarize some of the decisions from our appellate courts since that...

Avis Budget Group Cannot Force Customers to Arbitrate

Bacon v. Avis Budget Group, Inc., 959 F.3d 590 (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together,...

When Do Intervenors Need to Demonstrate Article III Standing?

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm'n, 959 F.3d 569 (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged...

The Third Circuit Opines, for the First Time, About "Overview Testimony"

United States v. Lacerda, 958 F.3d 196 (3d Cir. 2020). This lengthy opinion by Judge Porter affirmed a jury verdict convicting several defendants of mail fraud and wire fraud. Defendants...

A Third Circuit Ruling in Favor of Association Standing

New Jersey Coalition of Automotive Retailers, Inc. v. Mazda Motors of America, 957 F.3d 390 (3d Cir. 2020). In Hunt v. Washington State Apple Advertising Comm'n, 432 U.S. 333 (1977),...

Insureds Bear the Burden of Proving "Fortuity" of a Claimed Loss Under an All-Risk Insurance Policy

Chartis Property Casualty Co. v. Inganamort, 953 F.3d 231 (3d Cir. 2020). Yesterday, the Third Circuit issued its first published opinion in nearly two weeks. The ruling, authored by Judge...

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