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Tri-M Group, LLC v. Sharp, 638 F.3d 406 (3d Cir. 2011).  In this case, the Third Circuit affirmed a district court ruling that Delaware’s Prevailing Wage Regulations unlawfully discriminated against out-of-state contractors, in violation of the dormant Commerce Clause.  For appellate practitioners, however, the interesting aspect of this case is the debate between Judge Rendell, who wrote the majority opinion, and Judge Hardiman, who issued a concurrence, on the question of whether Delaware should have been held to have waived or, as Judge Hardiman put it, “forfeited,” one...

Barefoot Architect, Inc. v. Bunge, 632 F.3d 822 (3d Cir. 2011).  This was a group of appeals in a Virgin Islands case that involved, among other things, copyright, Lanham Act, and common law claims, including a claim for tortuous interference.  (Yes, the Virgin Islands are part of the Third Circuit just as New Jersey is, despite the dramatic differences in winter weather).  One of the many issues raised related to the district court’s Rule 12(b)(6) dismissal of the defendants’ counterclaim for tortious interference with contractual relations. On their appeal on the tortious interference...