U.S. Court of Appeals for the Third Circuit
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Troubles with Fosamax label lead to troubles in court for Merck
PHILADELPHIA (Legal Newsline) - State law claims were wrongly tossed from plaintiffs in a multidistrict litigation proceeding over the drug Fosamax, the Third Circuit has found. -
Should convicted murderer ever get to have sex with his wife? Court says Pennsylvania hasn't shown why not
PHILADELPHIA (Legal Newsline) - A Muslim man's decade-long quest to have sex with his wife has been given a small measure of new life by a federal appeals court that says Pennsylvania must prove it would be a bad idea. -
CFPB defeats challenges, free to take on student loan trusts
PHILADELPHIA (Legal Newsline) - A federal appeals court will not stand in the way of the Consumer Financial Protection Bureau as it targets student loan trusts. -
Netflix, Hulu win New Jersey case seeking fees designed for cable TV providers
PHILADELPHIA (Legal Newsline) - The U.S. Court of Appeals for the Third Circuit has joined other appellate courts in rejecting the idea streaming providers like Netflix and Hulu must pay franchise fees originally designed to be imposed on cable TV companies. -
Judge says lawyers must pay $1.8M to litigation funder that tried to take their house
WILMINGTON, Del. (Legal Newsline) - Married lawyers who tangled with a company that funded their litigation received bad news last month when a federal judge ruled they must pay $1.8 million to it. -
Appeal filed after judge blocks class action over benzene in Lotrimin and Tinactin
TRENTON, N.J. (Legal Newsline) - Class action lawyers who failed to sue Bayer over benzene in Lotrimin and Tinactin have filed their appeal. -
Phoney Lawsuits: Measure of relief for TCPA plaintiff accused of scheme
PHILADELPHIA (Legal Newsline) - Even though a federal appeals court has concluded a man likely schemed Credit One Bank in order to sue it under a federal telemarketing law, he won't have to pay the company's attorneys fees incurred fighting him. -
Records keep class action lawyers from getting $3.7 million from BMW settlement
PHILADELPHIA (Legal Newsline) - Citing its “special responsibility” to scrutinize plaintiff fees in class action litigation, the Third Circuit Court of Appeals reversed a $3.7 million fee awarded to three law firms in a lawsuit over allegedly defective BMW engines because they didn’t provide detailed enough billing records. -
Appeals court reverses $3.7 million fee In BMW class action
PHILADELPHIA (Legal Newsline) - Citing its “special responsibility” to scrutinize plaintiff fees in class action litigation, the Third Circuit Court of Appeals reversed a $3.7 million fee awarded to three law firms in a lawsuit over allegedly defective BMW engines because they didn’t provide detailed enough billing records. -
Attorney panel scrutinizes proposed legislation that would ban divisional merger bankruptcies
While legislation is pending in Congress that would require the dismissal of Chapter 11 bankruptcy cases in which the debtor has created a divisional merger, federal appeals court judges in Philadelphia heard arguments this week about whether Johnson & Johnson’s bankruptcy case was filed in good faith. -
'Fatal shortcoming' dooms lawyers' hopes to open new frontier of Baby Powder litigation
PHILADELPHIA (Legal Newsline) - A federal appeals court upheld the dismissal of a lawsuit on behalf of participants in a Johnson & Johnson retirement, saying plan fiduciaries had no duty as corporate insiders to disclose disputed claims that its iconic Johnson’s Baby Powder contained asbestos or to stop investing in J&J stock. -
Bestwall gets access to key info as it targets asbestos lawyers
PHILADELPHIA (Legal Newsline) – Bestwall recently scored a major victory in its effort to show asbestos lawyers are manipulating their clients’ claims in order to score bigger paydays than they are entitled to. -
Amicus briefs filed in support of Johnson & Johnson's bankruptcy in appeal
NEWARK (Legal Newsline) - The Washington Legal Foundation (WLF) is among the organizations that have filed an amicus brief arguing against the appeal of a federal judge’s decision to allow Johnson & Johnson to proceed with its bankruptcy. -
Avenatti can't revive lawsuit against Fox News by adding another defendant
PHILADELPHIA (Legal Newsline) - Disgraced celebrity lawyer Michael Avenatti lost a bid to revive his lawsuit against Fox News over its allegedly defamatory coverage of his arrest after a federal appeals court said it was properly dismissed because of his attempt to maneuver around federal jurisdiction by adding an unnecessary defendant to the case. -
Court rejects 'bad-faith' effort to delay talc company's bankruptcy
PHILADELPHIA (Legal Newsline) - A federal appeals court criticized as a “bad-faith tactic” a motion by insurance companies to disqualify a lawyer that was appointed by a judge to represent future asbestos claimants in the bankruptcy of Imerys Talc America. -
Third Circuit rebukes NLRB for taking 'salt mine' tweet so seriously
PHILADELPHIA (Legal Newsline) - Saying federal labor regulators had “lost the forest for the trees,” an appeals court threw out unfair-labor charges against the publisher of a conservative newsletter who joked on his personal Twitter account that he would send any employees who tried to form a union “back to the salt mine.” -
Third Circuit judge criticizes New Jersey AG's probe of Smith & Wesson marketing
PHILADELPHIA (Legal Newsline) - Smith & Wesson can pursue a constitutional challenge against New Jersey’s civil investigation of its marketing practices, the Third Circuit Court of Appeals ruled, rejecting the state’s argument that federal courts should stay out of its business. -
Asbestos liability possibly spreading to insurer that inspected W.R. Grace mine
PHILADELPHIA (Legal Newsline) - An insurance company that inspected W.R. Grace’s Montana asbestos-mining facilities and provided industrial hygiene services to workers might be liable for their injuries, the Third Circuit Court of Appeals ruled, keeping alive long-running litigation over who pays for the manufacturer’s asbestos liabilities. -
Avenatti won't concede defeat in defamation case against Fox News
PHILADELPHIA (Legal Newsline) – Lawyer Michael Avenatti will appeal a federal judge’s ruling that tossed his defamation lawsuit against Fox News. -
Third Circuit to decide whether private lawyers can chase California-style jackpot in the name of government
PHILADELPHIA – Oral arguments in the extended standoff between the Sherwin-Williams Company and a Pennsylvania county hoping to use private lawyers to sue it over lead paint will take place today before the U.S. Court of Appeals for the Third Circuit.