Macfarlan v. Ivy Hill SNF, LLC, ___ F.3d ___ (3d Cir. 2012).  “Judicial estoppel is a ‘judge-made doctrine that seeks to prevent a litigant from asserting a position inconsistent with one that [he or she] has previously asserted in the same or in a previous proceeding.’”  In this Family Medical Leave Act case, a district judge granted summary judgment against plaintiff based on judicial estoppel.  The court found that plaintiff was not permitted to contend that he

In re Caterbone, 640 F.3d 108 (3d Cir. 2011).  Stanley Caterbone filed a Chapter 11 bankruptcy petition.  The Trustee successfully moved to have the petition dismissed on various grounds.  The dismissal was entered on October 3, 2006 and the dismissal order was mailed to Caterbone on October 5, 2006.  Caterbone sent in a notice of appeal to the District Court, by regular mail and electronic mail, on October 16, 2006, but the notice of appeal was not actually filed with the District Court

Government of the Virgin Islands v. Mills, 634 F.3d 746 (3d Cir. 2011).   It’s not often that a case from the Virgin Islands affects the law of appellate practice in the Third Circuit generally.  This case, however, deals with two important appellate issues: when a notice of appeal is sufficient, and what standard of review applies to a district court’s interpretation of that district’s local rules.

Mills involved a notice of appe