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Sep 10

The Third Circuit Chips Away at Its Class Action Ascertainability Doctrine

Posted by Bruce D. Greenberg on Sep 10, 2020 in Class actions, Judges, Third Circuit Court of Appeals | 0 comments
Hargrove v. Sleepy’s Inc., ___ F.3d ___ (3d Cir. 2020). Readers of this blog know of my distaste (to say the least) for the Third Circuit’s unique interpretation of the idea that a class must be ascertainable in order to be certified. That issue has been discussed, among other places, here, here and here. The Third Circuit has been gradually trimming back its view of ascertainability, and other Circuits, as well as New Jersey’s Appellate Division, have rejected the Third Circuit’s broad view. Yesterday, the Third Circuit took another positive step, holding by a 2-1...
Dec 17

A Stinging Rebuke to the Board of Immigration Appeals, in an Unusual Three-Judge Concurring Opinion

Posted by Bruce D. Greenberg on Dec 17, 2019 in Administrative agency actions, Judges, Notable opinion writing, Third Circuit Court of Appeals | 0 comments
Quinteros v. Attorney General of the United States of America, ___ F.3d ___ (3d Cir. 2019). This was an immigration appeal. As Judge Roth summarized it in her opinion for the Third Circuit (the other panel members were Judges McKee and Ambro) today, “The Board of Immigration Appeals found that Nelson Quinteros committed an aggravated felony and failed to show entitlement to relief under the Convention Against Torture (CAT). Quinteros argues that the Board committed two errors: First, the Board erred in finding that his conviction for conspiracy to commit assault with a dangerous weapon...
Dec 13

Parties’ Stipulation Waived Right to Appeal

Posted by Bruce D. Greenberg on Dec 13, 2019 in Contract interpretation, Effect of decisions by other courts, Judges, Practice Pointers, Standards of review, Third Circuit Court of Appeals | 0 comments
In re Odyssey Contracting Corp., ___ F.3d ___ (3d Cir. 2019). Odyssey Contracting Corp. and L&L Painting Co., Inc., were (respectively) a subcontractor and the prime contractor on a project to repaint a bridge. They got into a payment dispute and sued each other for breach of contract. Odyssey filed for bankruptcy protection, and the legal dispute between these parties became and adversary proceeding in Bankruptcy Court. At the final pre-trial conference, the parties entered into a stipulation. That stipulation provided that if the Bankruptcy Court found that Odyssey was the breaching...
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About the Author

Bruce D. Greenberg, a partner of Lite DePalma Greenberg & Afanador, LLC, has more than 35 years of appellate experience.  He has argued dozens of cases in New Jersey’s Appellate Division, and he has handled oral arguments in the Supreme Court of New Jersey and the Third Circuit Court of Appeals as well.  Mr. Greenberg’s appellate cases have ranged from . . more

 

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