In the recent period, the Third Circuit has published a small number of opinions. Here are summaries of some of those decisions: Mallet and Company Inc. v. Lacayo, ___ F.4th ___ (3d Cir. 2021). This was a trade secret and unfair competition case. The specific subject was “baking release agents,” which are “lubricants that allow baked goods to readily separate from the containers in which they are made,” according to Judge Jordan’s opinion for the panel. Employees of plaintiff left that company to join defendants, allegedly taking with them trade secrets related...

Oakwood Laboratories, LLC v. Thanoo, ___ F.3d ___ (3d Cir. 2021).  Judge Jordan wrote this opinion. This was a trade secret case that also involved other claims. “More than two years and four iterations of its complaint later, Oakwood was unable to get past the pleading stage of litigation. The District Court dismissed each version of the complaint for failure to state a claim.” Oakwood appealed, and the Third Circuit reversed. Judge Jordan explained that review of a ruling granting a motion to dismiss proceeds in three steps. First, the court notes the elements that a plaintiff...

At this time of the year, our Supreme Court and Appellate Division go relatively quiet. But the Third Circuit often reaches a peak. Today, for example, that court issued five published opinions. Here are summaries: Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General of New Jersey, 974 F.3d 237 (3d Cir. 2020). In this appeal, the court was “asked to determine whether a New Jersey statute that makes it illegal to possess large capacity magazines (“LCMs”)– defined as magazines capable of holding more than ten rounds of ammunition– violates...