The White House announced two nominees to fill seats on the Third Circuit Court of Appeals.  They are Paul Matey of New Jersey and David Porter of Pennsylvania.

Matey is currently senior vice president and general counsel of University Hospital in Newark.  He is a graduate of the University of Scranton and Seton Hall School of Law, where he was editor in chief of the Seton Hall Law Review.  He then clerked for United States District Court Judge John Lifland and Third Circuit Judge Robert Cowen.  Matey then went into private practice at the Washington, DC firm of Kellogg Huber. 

Gonzalez v. Owens Corning, ___ F.3d ___ (3d Cir. 2018).  This putative class action case, brought by consumers in four states, asserted that “Oakridge” roof shingles sold by defendants (“Owens Corning”) were defective, and that defendants misrepresented the shingles’ useful life.  The District Court denied plaintiffs’ motion for class certification.  Plaintiffs sought interlocutory review of that ruling under Federal Rule of Civil Procedure 23(f),

City Select Auto Sales, Inc. v. David Randall Associates, Inc., ___ F.3d ___ (3d Cir. 2018).  This Telephone Consumer Protection Act (“TCPA”) case, involving unwanted faxes, was tried to a jury as to the individual defendant, the former president and co-owner of the corporate defendant.  The jury returned a defense verdict.  Plaintiff appealed, complaining of the jury instructions regarding personal liability under the TCPA.  Applying