Aliments Krispy Kernels, Inc. v. Nichols Farms, ___ F.3d ___ (3d Cir. 2017).  The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the District Court vacating an arbitration award that had been issued in favor of plaintiff.  Plaintiff had moved to confirm that arbitration award and defendant had sought to have that award vacated.  Judge Fuentes concluded that “an issue of material facts exists as to whether the parties agreed t

James v. Global Tellink Corp., ___ F.3d ___ (3d Cir. 2017).  In this putative class action, plaintiffs were inmates at New Jersey correctional facilities.  They signed up with defendants for a service that would allow plaintiffs to telephone loved ones, attorneys, and others outside of the prisons. One plaintiff signed up via defendants’ website, while the others did so through an automated telephone service that used scripts and prompts.  Those who signed up by phone were

Ramirez v. Vintage Pharmaceuticals, LLC, ___ F.3d ___ (3d Cir. 2017).  The so-called Class Action Fairness Act of 2005 (“CAFA”) extended federal jurisdiction not only to class actions over which federal courts previously did not have power, but also to “mass actions.”  28 U.S.C. §1332(d)(11).  To qualify as a mass action, there must be at least 100 plaintiffs who seek to have their cases “tried jointly.”  But as Judge Vanaskie noted