Bacon v. Avis Budget Group, Inc., ___ F.3d ___ (3d Cir. 2020). Plaintiffs rented vehicles from defendant Payless Car Rental, Inc., a subsidiary of defendant Avis Budget Group, Inc. (together, “Payless”), in the United States and in Costa Rica. In each transaction, renters signed a rental agreement. By signing, the renters agreed to “all notices and terms here and in the rental jacket.” A Payless counter representative then placed the signed agreement into a folder kept behind the rental counter and labeled “Rental Terms and Conditions,” and handed it back...

Wayne Land & Mineral Group, LLC v. Delaware River Basin Comm’n, ___ F.3d ___ (3d Cir. 2020). This opinion by Judge Fisher today involved a case in which plaintiff challenged the ability of defendant Delaware River Basin Commission “the Commission”) to regulate fracking. After one intervenor and its leader were permitted to intervene in the case in support of the Commission, three Pennsylvania state Senators sought to intervene in support of plaintiff. After a number of procedural twists and turns, the District Court ultimately denied the Senators the ability to...

United States v. Lacerda, ___ F.3d ___ (3d Cir. 2020). This lengthy opinion by Judge Porter affirmed a jury verdict convicting several defendants of mail fraud and wire fraud. Defendants made a number of arguments, none of which persuaded the panel to overturn the convictions or the sentences imposed. One issue addressed in the opinion, involving “overview testimony,” which is testimony by a witness early in the case to “try to connect the dots and convey the big picture to the jury in complex prosecutions,” similar to summary testimony offered late in a trial, is...