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  • Drummond v. Progressive Specialty Ins. Co.

    Publication Date: 2023-09-18
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-4479

    Court granted class certification in action challenging automobile insurer's calculation of actual cash value for totaled vehicle, where the primary issue in the case involved the common question of the propriety of the insurer's use of "projected sold adjustments" in its calculations. Plaintiffs' motion for class certification granted, defendants' cross-motions to exclude experts denied.

  • Wolff v. Aetna Life Ins. Co.

    Publication Date: 2023-09-04
    Practice Area: Class Actions
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-8056

    District court's reconsideration order made no material changes to the class certification order entered in May 2022 and thus, defendant's rule 23(f) motion filed within 14 days of the reconsideration order but 195 days after the class certification order was not timely. Motion denied.

  • Wolff v. Aetna Life Ins. Co.

    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

  • Davis v. Wigen

    Publication Date: 2023-08-28
    Practice Area: Civil Rights
    Industry: Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3162

    Prison inmate and fiance sufficiently pled Religious Freedom Restoration Act claim based on prison's alleged practice of denying inmate marriage requests by asserting they viewed marriage as having religious significance and an expression of their faith. Order of the district court affirmed in part and vacated and remanded in part.

  • Port Hamilton Refining & Transp., LLLP v. U.S. Envt'l Prot. Agency

    Publication Date: 2023-08-14
    Practice Area: Environmental Law
    Industry: Energy | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: Andrew C. Simpson, Andrew C. Simpson Law Offices, Christiansted, VI for petitioner.
    for defendant: Todd S. Kim, Heather E. Gange, United States Department of Justice Environment & Natural Resources Division, Washington, DC for respondent.
    Case Number: 23-1094

    EPA's "reactivation" policy deeming a shut-down facility as "new" upon resumption of operations improperly extended scope of Prevention of Significant Deterioration program under the Clean Air Act, which expressly applied only to new and modified facilities.

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Erie Ins. Exch. v. Erie Indem. Co.

    Publication Date: 2023-07-10
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Smith
    Attorneys: For plaintiff: Neal R. Devlin, Aurora L. Hardin, Knox McLaughlin Gornall & Sennett, Erie, PA; Steven B. Feirson, Michael H. McGinley, Dechert, Philadelphia, PA for appellant.
    for defendant: Edwin J. Kilpela, Jr., James LaMarca, Elizabeth Pollock-Avery, Lynch Carpenter, Pittsburgh, PA for appellee.
    Case Number: 23-1053

    Court could not exercise jurisdiction under the Class Action Fairness Act where action was filed in state court under procedural rules dissimilar from Rule 23 and where it could not qualify as a continuation of a prior action since that action was voluntarily dismissed.

  • Lins v. Pennsylvania SPCA

    Publication Date: 2023-07-10
    Practice Area: Civil Rights
    Industry: Non-Profit | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-3975

    Defendants moved for summary judgment in plaintiff's action alleging fourth amendment unreasonable seizure of his dogs, fourteenth amendment due process, fourth amendment unreasonable seizure of computers and files, negligence and Monell claims in action over defendants' seizure of dogs from his puppy mill and court found the surrender and release forms plaintiff signed were enforceable and he voluntarily signed the forms, his Monell claims failed because he did not identity any policy or custom and his due process claims failed becau

  • Erie Ins. Exch. v. Erie Indem. Co.

    Publication Date: 2023-06-12
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1053

    Case was not removable under the Class Action Fairness Act where it involved a single plaintiff, even though the case was brought by the plaintiff's subscribers who had voluntarily dismissed their prior class action. Order of the trial court affirmed.

  • Williams v. Nationwide Ins.

    Publication Date: 2023-04-17
    Practice Area: Insurance Law
    Industry: Insurance | Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1090

    Insurer moved for summary judgment in plaintiff's action asserting he was entitled to reimbursement for the amount he paid to homeowners to buy their fire damaged house that they used to satisfy their mortgage and court found plaintiff did not step into bank's shoes, as he alleged, and any duty insurer had to pay under the standard mortgage clause in the homeowners' insurance policy was discharged once homeowners satisfied the mortgage. Motion granted.

  • Camcara, Inc. v. Air Prod. &Chem., Inc.

    Publication Date: 2023-04-10
    Practice Area: Contracts
    Industry: Chemicals and Materials | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2264

    Court declined summary judgment on dispute over supplier's assessment of surcharges where there was evidence the surcharges were imposed in bad faith to prevent buyer from exercising its contractual shop clause rights when the supplier would increase unit costs. Defendant's motion for summary judgment denied in part and granted in part.