Collins v. Mary Kay, Inc., ___ F.3d ___ (3d Cir. 2017).  This opinion of the Third Circuit today, written by Judge Restrepo, answers what he called “a layered choice-of-law question:  what law governs the interpretation of a forum selection clause in a written agreement when that agreement also contains a choice-of-law clause?”  The court concluded that Texas law, which the choice of law clauses in both of the subject agreements made applicable, would apply, rather than t

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