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Oct 18

Catching up With the Third Circuit

Posted by Bruce D. Greenberg on Oct 18, 2021 in Chancery issues, Class actions, Judges, Statutory interpretation, Third Circuit Court of Appeals | 0 comments
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...
Jul 23

Three From the Third Circuit

Posted by Bruce D. Greenberg on Jul 23, 2021 in Constitutional law, Effect of decisions by other courts, Judges, Standards of review, Statutory interpretation | 0 comments
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...
Jun 9

Ancillary Settlement Jurisdiction

Posted by Bruce D. Greenberg on Jun 9, 2021 in Attorneys fees, Effect of decisions by other courts, Judges, Practice Pointers, Third Circuit Court of Appeals | 0 comments
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,...
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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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