Hargrove v. Sleepy’s Inc., 974 F.3d 467 (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...

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...

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...