Tag: Chief Judge D. Brooks Smith

David Porter is Confirmed to a Third Circuit Seat

In April, this blog reported on the nomination of David Porter to the Third Circuit Court of Appeals.  Despite the opposition of one of his home state Senators, Robert Casey, ...

ADA Class Action Plaintiffs Win on Standing, but Lose (For Now) on Class Certification

Mielo v. Steak ‘n Shake Operations, Inc., 897 F.3d 467 (3d Cir. 2018).  This was an appeal under Rule 23(f) of the Federal Rules of Civil Procedure from a District ...

In Rare Cases, Attorneys’ Fees and Costs May be Awarded When Case is Voluntarily Dismissed With Prejudice

Carroll v. E One, Inc., 893 F.3d 139 (3d Cir. 2018).  Near the start of his opinion in this case, Chief Judge Smith observed that “[a]ttorneys’ fees and costs are ...

Pharmaceutical Patent Antitrust Class Action Complaints Stated Plausible Claims for Relief, so the Third Circuit Reverses the Dismissal of Those Cases

In re Lipitor Antitrust Litig., 868 F.3d 231 (3d Cir. 2017).  It is evident that an appeal is a big one when, as here, the caption and counsel list consume ...

The Third Circuit Will Post Video of Certain Oral Arguments

Last Friday, the Third Circuit announced that it will begin to post on its website, www.ca3,uscourts.gov, “videos of oral arguments in select cases,” more specifically, those that are “deemed to ...