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Apr 12

Properly Dismissed From an MDL? Yes. Properly Dismissed With Prejudice? No.

Posted by Bruce D. Greenberg on Apr 12, 2021 in Case management, Judges, Standards of review, Third Circuit Court of Appeals | 0 comments
Hamer v. Livanova Deustschland GMBH, ____ F.3d ___ (3d Cir. 2021). This appeal involved one of many cases comprising MDL 2816, which is venued in the United States District Court for the Middle District of Pennsylvania. The MDL consolidated cases in which plaintiffs allegedly contracted an infection called a non-tuberculosis mycobacterium (“NTM”), after having had surgery using defendant’s 3T Heater-Cooler system. The MDL court entered a case management order that required each plaintiff to demonstrate “proof of NTM infection” through “positive bacterial culture...
Mar 16

Two FDCPA Opinions From Judge Porter

Posted by Bruce D. Greenberg on Mar 16, 2021 in Judges, Standards of review, Statutory interpretation, Third Circuit Court of Appeals | 0 comments
Moyer v. Patenaude & Felix, A.P.C., ___ F.3d ___ (3d Cir. 2021); Klotz v. Celentano Stadtmauer and Walentowicz LLP, ___ F.3d ___ (3d Cir. 2021). These two opinions, both by Judge Porter, came from two different panels, of which Judge Porter was the only common member. But the issues in the two cases were very different. One thing was the same, though: creditors prevailed and debtors lost in both cases. In Moyer, the question was whether defendant’s collection letter violated the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq. (“FDCPA”). The letter read:...
Feb 25

The Third Circuit Issues a New Procedure Regarding Highly Sensitive Documents

Posted by Bruce D. Greenberg on Feb 25, 2021 in Administrative matters, Third Circuit Court of Appeals | 0 comments
Chief Judge Smith issued a Standing Order Regarding Highly Sensitive Documents. It is available here. The Standing Order creates new procedures for materials defined therein as “Highly Sensitive Documents” (“HSD”). Such documents are those “involving: (1) Title III applications; (2) initial applications for search warrants; (3) matters of national security; (4) foreign sovereign interests, or cybersecurity; (5) terrorism; (6) investigation of public officials; (7) intellectual property or trade secrets likely to be of interest to foreign powers; or (8) the...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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