• Emerson Radio Corp. v. Emerson Quiet Kool Co. Ltd.

    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.

  • OI European Group B.V. v. Bolivarian Republic of Venezuela

    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.

  • Henry v. Wilmington Trust NA

    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.

  • City of Warren Police & Fire Ret. Sys. v. Prudential Fin., Inc.

    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.

  • Williams v Tech Mahindra (Americas) Inc.

    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.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Erie Ins. Exch. v. Erie Indem. Co.

    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.

  • Bunge, S.A. v. ADM Int'l SARL

    Publication Date: 2023-06-20
    Practice Area: Admiralty
    Industry: Cargo and Shipping
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: J. Stephen Simms, Simms Showers, Baltimore, MD for appellant.
    for defendant: Amanda D. Price, Squire Patton Boggs, Houston, TX; John J. Reilly, Squire Patton Boggs, New York, NY for appellee.

    Case Number: 22-1276

    Party could seek maritime attachment for indemnification of a claim made against that party, but its claim for loss-of-hire was too contingent to support attachment as it depended on failing to recover on that claim against the vessel's owner.

  • Arcelik A.S. v. EI DuPont de Nemours & Co.

    Publication Date: 2023-06-20
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Consumer Products | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Greenaway
    Attorneys: For plaintiff: Christopher F. Cannataro, April M. Ferraro, John M. Seaman, Abrams & Bayliss, Wilmington, DE; Christopher M. Ryan, Shearman & Sterling, Washington, DC for appellant.
    for defendant: Brandon R. Harper, John A. Sensing, Potter Anderson & Corroon, Wilmington, DE for appellee.

    Case Number: 22-2634

    Global parent corporation did not qualify as the manufacturer of allegedly defective components which were made by a foreign subsidiary using materials produced by a third-party supplier, where the parent did not control the day-to-day manufacturing operations and merely established product standards.

  • United States v. Evridiki Navigation Inc.

    Publication Date: 2023-06-13
    Practice Area: Criminal Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2032

    District court properly convicted shipping companies for falsification of environmental records where circumstantial evidence indicated that multiple crew members participated in the cover-up, indicating that it was done at least in part to serve corporate interests.

  • In re: MD Helicopters, Inc.

    Publication Date: 2023-05-23
    Practice Area: Bankruptcy
    Industry: Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2217

    Court dismissed appeal from denial of motion to certify question to state supreme court since the order denying the motion was interlocutory.