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Publication Date: 2023-10-04
Practice Area: Labor Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2553
Plaintiff appealed the grant of summary judgment for defendants.
Publication Date: 2023-10-02
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
Prohibiting a person from participating in a non-mandatory religious practice could constitute a substantial burden on their religious freedoms in violation of the Religious Freedom Restoration Act. Order of the district court reversed in part and affirmed in part.
Publication Date: 2023-09-18
Practice Area: Employment Litigation
Industry: Health Care | Investments and Investment Advisory
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 20-4195
Defendant defined contribution retirement plan's committee did not breach its duty of prudence under ERISA with regard to plan's investment funds because committee had in place an objectively prudent process for monitoring and managing the investment funds and record keeping fees, the investment funds were objectively prudent and its recordkeeping fees and choice of a new recordkeeper were objectively prudent. Judgment for defendant.
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.
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.
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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: 2023-08-28
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.
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.
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.
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
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