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318 results for '* court:"Third Circuit"' You can use Search Constraints to get even better search results
Publication Date: 2023-10-09
Practice Area: Insurance Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Freeman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3121
District Court properly dismissed insurance coverage dispute for lack of personal jurisdiction where neither party was headquartered in Delaware and the underlying policy did not cover any property or loss in Delaware.
Publication Date: 2023-10-09
Practice Area: Criminal Law
Industry: Construction | Federal Government | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge McKee
Attorneys: For plaintiff: Lisa A. Mathewson, Philadelphia, PA for appellants.
for defendant: Paul G. Shapiro, Office of United States Attorney, Philadelphia, PA; David E. Troyer, Office of United States Attorney, Philadelphia, PA for appellee.
Case Number: 19-3679
District court erred in setting the loss calculation at defendants' total profits where defendants lawfully performed work on the public construction project, with the DOT/PennDOT merely expecting defendants to obtain certain construction materials from a qualifying supplier.
Publication Date: 2023-09-25
Practice Area: Contracts
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA for appellants.
for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
Case Number: 21-2013
Former students' allegations that the universities had retained their tuition and fees in full after transitioning to remote learning and canceling campus events during the pandemic supported a reasonable inference that the parties had impliedly contracted for in-person education and supported a claim for unjust enrichment.
Publication Date: 2023-09-25
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Hayden Nelson-Major, Federal Community Defender Office for the Eastern District of Pennsylvania, Philadelphia, PA; Katherine C. Thompson, Federal Community Defender Office for the Eastern District of Pennsylvania Capital Habeas Unit, Philadelphia, PA for appellant.
for defendant: Shoshana D. Silverstein, Philadelphia County Office of District Attorney, Philadelphia, PA for appellees.
Case Number: 21-2601
Trial counsel was deficient in failing to object to trial judge's admonishment of witness that may have influenced the witness's decision to change their testimony favorable to the defense and failing to cross-examine the witness regarding their changed testimony.
Publication Date: 2023-09-18
Practice Area: Energy and Natural Resources
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Matthew A. Fitzgerald, McGuireWoods, Richmond, VA; Gregory J. Krock, McGuireWoods, Pittsburgh, PA; Elizabeth M. Thomas, McGuireWoods, Charlotte, NC for appellant.
for defendant: Richard L. Armezzani, Daniel T. Brier, John B. Dempsey, Nicholas F. Kravitz, Myers Brier & Kelly, Scranton, PA for appellee.
Case Number: 22-1280
Court remanded for district court to join other parties to a joint operating agreement since adjudicating the case would necessarily implicate those parties' contractual rights and obligations.
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Publication Date: 2023-08-28
Practice Area: Labor Law
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: Justin L. Swidler, Swartz Swidler, Haddonfield, NJ for appellants.
for defendant: Kimberly Cheeseman, Michael C. Crow, Katherine D. Mackillop, Norton Rose Fulbright, Houston, TX for appellees.
Case Number: 22-1613
Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.
Publication Date: 2023-08-28
Practice Area: Class Actions
Industry: Insurance
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff: John P. Elliott, Kyle M. Elliott, Stewart J. Greenleaf, Jr., Mark J. Schwemler, Elliott Greenleaf, Blue Bell, PA for petitioner.
for defendant: Charles Kannebecker, Milford, PA for respondent.
Case Number: 22-8056
The issue before the court was when the timeframe for filing an interlocutory appeal of a class certification order could be extended under Federal Rule of Civil Procedure 23(f), which authorizes interlocutory review of orders "granting or denying class-action certification" of petitions filed within 14 days of the order. Here, petitioner filed a Rule 23(f) petition 14 days after the district court had revised its class certification order but months after the original order certifying the class. Respondent, who had received disabilit
Publication Date: 2023-08-21
Practice Area: Insurance Litigation
Industry: Insurance | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff: Patrick J. Murphy, Quarles & Brady LLP, Milwaukee, WI; Robert L. Byer, Thomas E. Sanchez, Duane Morris, Pittsburgh, PA; Gavin Fung, Liberty Mutual Insurance Company, Boston, MA; Ralph J. Luongo, Kennedys CMK, Philadelphia, PA for appellants.
for defendant: Robert R. Anderson, III, Christopher A. Johnson, Margaret Truesdale, Hughes Socol Piers Resnick & Dyn, Chicago, IL; Timothy R. Smith, Pion, Nerone, Girman, Winslow & Smith; Ralph J. Luongo, Kennedys CMK, Philadelphia, PA; Myles D. Morrison, James P. Ruggeri, Ruggeri Parks & Weinberg, Washington, DC; Michael A. Shiner, Tucker Arensberg, Pittsburgh, PA for appellees.
Case Number: 21-3032
Noting that the exception to the final judgment rule for appellate court jurisdiction required injunctive relief and that none of the District Court's partial summary judgment orders rose to the functional equivalent of an injunction, the court ruled that it did not have jurisdiction to review the orders.
Publication Date: 2023-08-21
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: Caitlin D. Kekacs, Andrew D. Roth, Bredhoff & Kaiser, Washington, DC; Michael J. Healey, Healey & Hornack, Pittsburgh, PA for appellant.
for defendant: Samuel J. Pasquarelli, Sherrard German & Kelly, Pittsburgh, PA for appellee.
Case Number: 22-2142
Union local members who disaffiliated from parent union had standing as third-party beneficiaries of parent union's constitution/contract with the local to seek equitable distribution of the local's assets to a new independent local.
Publication Date: 2023-08-21
Practice Area: Education Law
Industry: Education
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA; Jeffrey A. Klafter, Seth R. Lesser, Klafter Lesser, Rye Brook, NY; Eric Poulin, Poulin, Willey & Anastopoulo, Charleston, SC; Roy T. Willey, IV, Anastopoulo Law Firm, Charleston, SC; Stuart A. Carpey, Plymouth Meeting, PA; Edward W. Ciolko, Nicholas Colella, Jamisen A. Etzel, Gary F. Lynch, Lynch Carpenter, Pittsburgh, PA for appellants.
for defendant: James C. Martin, Colin E. Wrabley, Reed Smith, Pittsburgh, PA; Gerard A. Dever, Roberta D. Liebenberg, Fine Kaplan & Black, Philadelphia, PA; Burt M. Rublin, Ballard Spahr, Philadelphia, PA for appellees.
Case Number: 21-2013
College students plausibly stated breach of implied contract claim from universities' switch to online learning due to COVID-19 pandemic where marketing materials emphasized benefits of on-campus instruction from attending each university.
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