City Select Auto Sales, Inc. v. BMW Bank of North America Inc., ___ F.3d ___ (3d Cir. 2017).  Judge Scirica, who wrote the Hayes and Carrera opinions that form the backbone of the Third Circuit’s ascertainability doctri

In re Lipitor Antitrust Litig., ___ F.3d ___ (3d Cir. 2017).  It is evident that an appeal is a big one when, as here, the caption and counsel list consume the first seventeen pages of the Third Circuit’s opinion.  In this case, Chief Judge Smith wrote a 106-page opinion (including the caption and counsel list) that reversed the District Court’s dismissal of these consolidated pharmaceutical patent antitrust class action matters, which involved the drugs Lipitor and

Susinno v. Work Out World, Inc., ___ F.3d ___ (3d Cir. 2017).  Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), discussed here, was a case in which class action defendants put great stock.  They hoped to use it to defeat cases based on lack of “concrete” injury.  The Third Circuit, however, has repeatedly rebuffed those attempt