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

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 t

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 Empl