Sullivan v. DB Investments, Inc., 667 F.3d 273 (3d Cir. 2011).  By a 7-2 vote, the Third Circuit, sitting en banc, disagreed with a panel decision (613 F.3d 134 (3d Cir. 2010)), vacated by the grant of en banc review) that had voided approval of this major class action case.  The majority opinion was written by Judge Rendell, who had dissented from the panel opinion.  Judge Scirica filed a concurring opinion, while Judge Jordan, the author of the panel decision (he was j

Delalla v. Hanover Insurance, 660 F.3d 180 (3d Cir. 2011).  The federal removal statute, 28 U.S.C. §1446(b), obligates a defendant who wishes to remove to federal court a case filed in state court to file removal papers within 30 days of the date on which the plaintiff serves “the defendant.”  There is a Circuit split on the issue of how to determine the deadline in multi-defendant cases.  Two Circuits have ruled that the trigger date for all defendants is 30 da

Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011).   It’s not often that a case from the Virgin Islands affects the law of appellate practice in the Third Circuit generally.  This case, however, deals with two important appellate issues: when a notice of appeal is sufficient, and what standard of review applies to a district court’s interpretation of that district’s local rules.

Mills involved a notice of appe