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Publication Date: 2023-09-18
Practice Area: Medical Malpractice
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1940
District court erred in granting summary judgment to government based on the lack of an expert report in appellant prisoner's pro se medical negligence action because the Federal Tort Claims Act did not incorporate Pa.R.Civ.P. 1042.3 and appellant did not otherwise have an adequate opportunity to seek an expert or conduct discovery due to his unique position as a pro se inmate during the COVID-19 pandemic. Reversed.
Publication Date: 2023-08-07
Practice Area: Consumer Protection
Industry: Federal Government | Manufacturing | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1562
District court properly dismissed the portion of the indictment asserting defendants conspired to violate 21 U.S.C. §§331(d) and 355(a) in action over sourcing of an active ingredient for a drug from a facility not included in the Abbreviated New Drug Applications approvals and court found the drug at issue had the same composition and labeling as the drug for which an ANDA approval was effective and government could not rely on the premise that the two drugs were different and noted government's other argument had been rejected in We
Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
Case Number: 21-2801
Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.
Publication Date: 2023-05-02
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 21-3198
Attorney being placed on disability inactive status mooted appeal of federal lawsuit to obtain injunctive relief, as attorney's proper course of relief would be to petition the state supreme court for reinstatement.
Publication Date: 2023-04-11
Practice Area: Contracts
Industry: Insurance | Travel and Tourism
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Tamara D. Bruno, Pillsbury Winthrop Shaw & Pittman, Houston, TX; Peter M. Gillon, Jesse N. Vazquez, Pillsbury Winthrop Shaw & Pittman, Washington, DC; Brandon R. Harper, Carla M. Jones, Jennifer C. Wasson, Potter Anderson & Corroon, Wilmington, DE for appellant.
for defendant: Robert L. Ebby, Ronald P. Schiller, Hangley Aronchick Segal Pudlin & Schiller, Philadelphia, PA for appellee.
Case Number: 22-1554
The court affirmed the decision of the District Court dismissing an unjust enrichment claim on the basis that an existing enforceable contract between the parties precluded plaintiff's ability to bring an unjust enrichment claim.
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Publication Date: 2022-08-17
Practice Area: Civil Rights | Land Use and Planning
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Chief Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1786
Plaintiffs appealed from the district court's dismissal of their complaint with prejudice.
Publication Date: 2022-08-15
Practice Area: Criminal Law
Industry: Federal Government | Pharmaceuticals
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Chagares
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for defendant:
Case Number: 22-0922
District court properly declined to apply the sentencing enhancement based on the "loss" under guidelines §2B1.1in sentencing defendant for conspiracy to steal trade secrets because district court's finding that the record did not support an inference of an intent to inflict a pecuniary harm on company was not clearly erroneous. Affirmed.
Publication Date: 2021-10-13
Practice Area: Contracts
Industry: Consulting | E-Commerce | Software
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: D69568
Parties had a time and materials contract that required purchaser to pay prior to completion of the project where the contract had an open ended term and referenced hourly rates rather than a fixed price.
Publication Date: 2021-09-20
Practice Area: Intellectual Property
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1119
Plaintiff appealed from the district court's dismissal of his trademark infringement claim.
Publication Date: 2021-08-31
Practice Area: Antitrust
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1776
Plaintiff appealed from the district court's dismissal of his second amended complaint against defendant for failure to state a claim.
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