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Publication Date: 2023-07-24
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Construction | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff: Matthew Beebe, Meluney Alleman & Spence, Lewes, DE; James M. Sullivan, Windels Marx Lane & Mittendorf, New York, NY for appellant.
for defendant: Kasey H. DeSantis, Neal J. Levitsky, Fox Rothschild, Wilmington, DE for appellee.
Case Number: 22-2532
Bankruptcy court correctly denied untimely motion to reopen bankruptcy case to file complaint challenging the dischargeability of debt on grounds of fraudulent transfer where the rules provided inflexible deadlines for the motion due to the limited exceptions under which bankruptcy courts could enlarge the time to file.
Publication Date: 2023-07-24
Practice Area: Trademarks
Industry: Consumer Products | Electronics | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Shwartz
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1809
District court did not abuse its discretion by granting default judgment where defendants engaged in culpable, dilatory conduct that included losing multiple law firms due to failure to cooperate or pay and repeatedly submitting untimely responses to discovery request, causing substantial delay in the litigation that prejudiced plaintiff.
Publication Date: 2023-07-24
Practice Area: Damages
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff: Aubre Dean, Kevin A. Meehan, Juan O. Perla, Joseph D. Pizzurro, and Allesandra D. Tyler, Curtis Mallet-Prevost Colt & Mosle, New York, NY for appellant.
for defendant: Jonathan M. Albano, Christopher L. Carter, Morgan Lewis & Bockius, Boston, MA; Jody C. Barillare, Morgan Lewis & Bockius, Wilmington, DE; James D. Nelson, David B. Salmons, Morgan Lewis & Bockius, Washington, DC; Laura D. Jones, Peter J. Keane, Pachulski Stang Ziehl & Jones, Wilmington, DE; Robert H. Poole, II, Alston & Bird, Atlanta, GA; Rajat Rana, Alexander A. Yanos, Alston & Bird, New York, NY; Joshua S. Bolian, Riley & Jacobson, Nashville, TN; Marie McManus Degnan, Ashby & Geddes, Wilmington, DE; James E. Berger, DLA Piper, New York, NY; R. Craig Martin, DLA Piper, Wilmington, DE; Katherine G. Connolly, Norton Rose Fulbright, Los Angeles, CA; Matthew H. Kirtland, Norton Rose Fulbright, Washington, DC; Kevin J. Mangan, Stephanie S. Riley, Matthew P. Ward, Womble Bond Dickinson, Wilmington, DE; Ginger D. Anders, Kathleen A. Foley, Elaine J. Goldenberg, Donald B. Verrilli, Jr., Sarah Weiner, Munger Tolles & Olson, Washington, DC for appellees.
Case Number: 23-1647
Despite Venezuela's opposition leader being recognized by the U.S. as the legitimate leader of the Venezuelan government, the continued exercise of extensive control by the opposition leader and his rival over Venezuela's national oil company meant the company continued as the alter ego of Venezuela and its assets remained subject to attachment to satisfy Venezuela's judgment debts.
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: 2023-07-17
Practice Area: Securities Litigation
Industry: Insurance | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Joseph D. Daley, Robbins Geller Rudman & Dowd, San Diego, CA; Peter S. Pearlman, Cohn Lifland Pearlman Herrmann & Knopf, Saddle Brook, NJ; Daniel J. Pfefferbaum, Shawn A. Williams, Robbins Geller Rudman & Dowd, San Francisco, CA; Douglas Wilens, Robbins Geller Rudman & Dowd, Boca Raton, FL for appellant.
for defendant: David D. Cramer, Tricia B. O’Reilly, Walsh Pizzi O’Reilly & Falanga, Newark, NJ; Maeve L. O’Connor, Susan R. Gittes, Aasiya F.M. Glover, Debevoise & Plimpton, New York, NY for appellees.
Case Number: 21-1147
Stockholder sufficiently alleged false or misleading corporate statements where life insurance company reported normal or slightly negative mortality experience only weeks prior to announcing massive increase in reserves, and stockholder had confidential internal information indicating the company had already been contemplating increasing reserves.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
Case Number: 21-1365
Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
Case Number: 21-2491
District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.
Publication Date: 2023-07-10
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Hardiman
Attorneys: For plaintiff: William V. Bergstrom, Peter A. Patterson, David H. Thompson, Cooper & Kirk, Washington, DC; Michael P. Gottlieb, Vangrossi & Recchuiti, Norristown, PA for appellant.
for defendant: Brian M. Boynton, Jacqueline C. Romero, Mark B. Stern, Michael S. Raab, Abby C. Wright, Kevin B. Soter, United States Department of Justice Civil Division, Washington, DC for appellees.
Case Number: 21-2835
Federal felon-in-possession statute barring person convicted of false statements under state law was inconsistent with nation's historical tradition of firearms regulation.
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: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Krause
Attorneys: For plaintiff: David Rudovsky, Jonathan H. Feinberg, Susan M. Lin Kairys, Rudovsky, Messing, Feinberg & Lin LLP, Philadelphia, PA; Patrick Toomey, Ashley Gorski, Sarah Taitz, American Civil Liberties Union Foundation, New York, NY; Jonathan Hafetz, Seton Hall Law School, Newark, NJ for appellants.
for defendant: Leif Overvold, Brian M. Boynton, H. Thomas Byron III, Sharon Swingle, U.S. Department of Justice, Washington, DC for appellees.
Case Number: 21-2798
"Clearly established" threshold inapplicable to discretionary function exception analysis under FTCA because the government lacked discretion to violate constitutional rights.
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