The Third Circuit issued three published opinions in one day earlier this week. Here are summaries: Dondero v. Lower Milford Tp., ___ F.4th ___ (3d Cir. 2021). Plaintiff filed a complaint asserting due process and federal Civil Rights Act claims after defendant eliminated its police department and terminated plaintiff’s employment as Police Chief. Defendant won a summary judgment at the District Court level. Plaintiff appealed, but the Third Circuit, speaking through Judge Hardiman, affirmed the summary judgment. Plaintiff’s main claim was that he was entitled to a...

Butt v. United Brotherhood of Carpenters & Joiners of America, ___ F.3d ___ (3d Cir. 2021). This opinion by Judge Hardiman involved an attorneys’ fee dispute. In the underlying consolidated discrimination cases, plaintiffs’ original attorney, Ryan Paddick, had a 40% contingency fee agreement with his clients. After winning in the Third Circuit a reversal of a prior summary judgment for the defense and, on remand, taking 24 depositions, briefing nine motions, and undertaking other activities, found himself unable to advance the necessary funds for an expert. With his consent,...

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...