...

Aliments Krispy Kernels, Inc. v. Nichols Farms, 851 F.3d 283 (3d Cir. 2017).  The bottom line of this opinion by Judge Fuentes was the reversal of a judgment of the District Court vacating an arbitration award that had been issued in favor of plaintiff.  Plaintiff had moved to confirm that arbitration award and defendant had sought to have that award vacated.  Judge Fuentes concluded that “an issue of material facts exists as to whether the parties agreed to arbitrate.”  Thus, neither party’s application could properly have been granted.  The panel thus remanded the case...

Carroll v. Delaware River Port Authority, 843 F.3d 129 (3d Cir. 2016).  28 U.S.C. §1292(b) permits a District Court to certify a question of law to a Court of Appeals for resolution.  The Court of Appeals must consent to decide the issue.  Today, the Third Circuit issued an opinion in such a case, which does not happen often.  Judge Fuentes wrote the panel’s opinion. This was an employment discrimination case that arose under the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §4301 et seq. (“USERRA”).  Plaintiff, a police officer employed by the...