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On Sept. 10, 2024, the US Court of Appeals for the Third Circuit struck down a Delaware bankruptcy court ruling that a solvent debtor could pay its noteholders' interest at [...]

On September 10, 2024, the U.S. Court of Appeals for the Third Circuit held in In re The Hertz Corporation that unsecured creditors of a solvent debtor are entitled to [...]

> On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey's [...]

Before filing a suit under Title VII, a plaintiff must exhaust administrative remedies by filing a Charge of Discrimination with the Equal Employment Opportunity Commission. If the EEOC doesn't act [...]

In a landmark decision, the U.S. Court of Appeals for the Third Circuit rejected the NCAA's argument that, because student-athletes voluntarily participate in college athletics, they cannot simultaneously be students [...]

Key Takeaways A long-awaited Third Circuit decision held that securitization trusts holding student loans are 'covered persons' subject to the CFPB's enforcement and investigative powers because they 'engage' in offering [...]

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook [...]

On June 13, 2023, the United States Court of Appeals for the Third Circuit affirmed in part and reversed in part the dismissal of a putative class action against an [...]

On April 5, 2023, the United States Court of Appeals for the Third Circuit affirmed a determination of the United States District Court for the District of Delaware that plaintiffs [...]

Seyfarth Synopsis: Last week, the United States Court of Appeals for the Third Circuit held that employers can deduct from an employee's PTO bank for failure to meet clearly defined [...]

Recently, the United States Court of Appeals for the Third Circuit dismissed the chapter 11 case of LTL Management, LLC ('LTL'), a company created in a divisional merger under Texas [...]

Upon the conclusion of OSHA's standard enforcement procedures and absent a finding of an imminent threat in the workplace, an employee's private action for allegedly unsafe conditions cannot stand. In [...]

Executive Summary: On January 30, 2023, the U.S. Court of Appeals for the Third Circuit (the 'Court') issued an opinion in In re LTL Management, LLC, No. 22-2003, 2023 WL [...]

Today, in Wilson, et al. v. USI Insurance Service LLC, et al., the U.S. Court of Appeals for the Third Circuit affirmeddistrict court orders ruling in favor of insurers in [...]

As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. [...]

Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade [...]

On March 30, 2022, three judge panel of the Third Circuit Court of Appeals unanimously overruled prior precedent allowing 'implied' contracts to survive the expiration of a written agreement. The [...]

On Aug. 10, 2021, the U.S. Court of Appeals for the Third Circuit affirmed a jury ruling that the mark KARS 4 KIDS infringed the common law mark CARS FOR [...]

On July 8, 2021, the United States Court of Appeals for the Third Circuit issued an opinion upholding the National Labor Relations Board's 2019 decision relating to post-arbitral deferral standards. [...]

Highlights As litigation funding becomes more commonplace, courts are having to determine how a wide variety of laws apply to litigation funding agreements. The U.S. Court of Appeals for the [...]

A few weeks ago, the U.S. Court of Appeals for the Third Circuit decided Thorne v. Pep Boys Manny Moe & Jack Inc.,1 a case involving the provisions of the [...]

The overall look of a product - including the look of a snack or a treat - may be entitled to intellectual property protection as 'trade dress.' But the protection [...]

On September 30, 2020, the Third Circuit reversed a decision by the Eastern District of Pennsylvania ordering AbbieVie, Inc. ('AbbieVie') and Besins Healthcare Inc. ('Besins') to pay $448 million in [...]

In a case of first impression in a federal court within the Third Circuit, Eastern District of Pennsylvania Judge Jerry Pappert ruled on a motion to dismiss that Pennsylvania's Medical [...]

On August 26, 2020, the Court of Appeals for the Third Circuit held that the Bankruptcy Code does not require subordination agreements to be strictly enforced in order for a [...]

Following more than two years of litigation, on February 6, 2020, the United States Court of Appeals for the Third Circuit upheld the constitutionality of the Philadelphia Wage Equity Ordinance. [...]

I am a bit late getting this one out, but here it is. In addition to a regular board of directors required by law for a corporation, some companies also [...]

First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement. This month, we focus on the latest decision in the ongoing saga [...]

In North Sound Capital, LLC v. Merck & Co, Inc., No. 18-2317, 2019 WL 4309663, 2019 U.S. App. LEXIS 27518 (3d Cir. Sept. 12, 2019), the United States Court of [...]

In Energy Future Holdings Corp. v. Morgan Stanley Capital Grp., Inc., 2019 U.S. App. LEXIS 18458 (3d Cir. 2019) ('EFH'), the United States Court of Appeals for the Third Circuit [...]

A significant amount of wage and hour class/collective jurisprudence has developed around the issue of whether exotic dancers are employees or independent contractors. We've blogged many of these issues in [...]

The Third Circuit recently held that anti-assignment clauses in ERISA-governed healthcare plans are enforceable as long as they are unambiguous. The Court concluded that the anti-assignment clause clearly stated that [...]

On April 26, 2019, the Third Circuit Court of Appeals vacated and remanded two district court decisions in which the courts had held that a restrictive covenant agreement-offered only to [...]

Over the past several years, the ERISA plaintiffs' bar has targeted university-sponsored 403(b) plans, arguing that the plan fiduciaries breached their fiduciary duties and engaged in prohibited transactions in connection [...]

On April 24, 2019, the Dallas City Council passed a paid sick leave ordinance by a vote of 10-4. This vote comes several months after a petition to get this [...]

In Short The Situation: The United States Court of Appeals for the Third Circuit ruled that the FTC could not recover past profits under FTC Act Section 13(b) if the [...]

The U.S. Court of Appeals for the Third Circuit added its voice to the chorus of circuit courts of appeal that have held that alleged procedural violations of the Fair [...]

The Duff & Phelps Unclaimed Property and Tax Risk Advisory team has learned that on December 3, 2018, Univar, Inc. filed an action in the U.S. District Court for the [...]

In Reinig v. RBS Citizens, N.A.,1 a three-judge panel of the U.S. Court of Appeals for the Third Circuit overturned a district court's decision certifying a class of mortgage loan [...]

On November 27, the Third Circuit Court of Appeals affirmed a district court's dismissal of a second putative Telephone Consumer Protection Act class action on the grounds that the American [...]

On November 14, 2018, the United States Court of Appeals for the Third Circuit affirmed the dismissal of and denial of leave to amend a putative class action complaint against [...]

Today we have another guest post by long-time friend of the blog, Dick Dean, and his colleague at Tucker, Ellis, Mike Ruttinger. Regular readers will recall, that right after Sikkelee [...]

In Short The Situation: The Third Circuit decided Sikkelee II, a closely watched case involving preemption in the aviation context. The Outcome: A divided Third Circuit held, 2-1, that federal [...]

The Third Circuit denied a $275 million break-up fee to a bidder that was unsuccessful in its attempt to buy the crown-jewel assets in the high-profile EFH bankruptcy case. In [...]

Bankruptcy plans often include provisions releasing debtors and their officers and directors from certain potential liability. In Zardinovsky v. Arctic Glacier Income Fund, No. 17-2522 (3d Cir. Aug. 20, 2018), [...]

We would be hard pressed to think of a recent judicial decision we have blasted as hard or often as the Third Circuit's Fosamax opinion. We deemed it the worst [...]

On September 10, 2018, in Long v. Southeastern Pennsylvania Transportation Authority (SEPTA), the U.S. Court of Appeals for the Third Circuit joined the chorus of recent circuit court opinions tackling [...]

On September 20, 2018, the United States Court of Appeals for the Third Circuit affirmed dismissal of a putative securities fraud class action brought against Hertz Global Holdings Inc. (the [...]

On September 4, 2018, the United States Court of Appeals for the Third Circuit ('Third Circuit') declined to review Pennsylvania's water permit approval of Transcontinental Gas Pipe Line Company's ('Transco') [...]

In one of the first cases to point to the ongoing revelations from the 'Me-Too' Era, the U.S. Court of Appeals for the Third Circuit recently held that an employee [...]