Tag: Judge Morton Greenberg

A Third Circuit Ruling in Favor of Association Standing

New Jersey Coalition of Automotive Retailers, Inc. v. Mazda Motors of America, 957 F.3d 390 (3d Cir. 2020). In Hunt v. Washington State Apple Advertising Comm’n, 432 U.S. 333 (1977), ...

Faxes That Are Not “Advertisements” Do Not Violate The Telephone Consumer Protection Act Even if Sent for a Commercial Purpose or Motivated by Profit

Mauthe, M.D., P.C. v. Optum Inc., 925 F.3d 129 (3d Cir. 2019). Plaintiff, a medical practice, received an unsolicited fax from defendants. Defendants maintain a database of healthcare providers, a ...

The Third Circuit Clarifies CAFA’s “Local Controversy Exception” on Unusual Facts

Walsh v. Defenders, Inc., 894 F.3d 583 (3d Cir. 2018).  The “local controversy” exception to federal jurisdiction over putative class actions under the so-called Class Action Fairness Act of 2005, ...

The “Voting Paradox”: Perverse and Fascinating

Hanover 3201 Realty, LLC v. Village Supermarkets, Inc., 806 F.3d 162 (3d Cir. 2015).  The number of different issues that judicial opinions present never ceases to amaze.  This appeal, which ...

Federal Rule of Civil Procedure 54(b) Means What it Says: A Final Judgment on Less Than All Claims May be Entered Only if “There is No Just Reason for Delay”

Elliott v. Archdiocese of New York, 682 F.3d 213 (3d Cir. 2012).  Federal Rule of Civil Procedure 54(b) states that a district court may direct entry of a final judgment as to ...