Tag Archives: Third Circuit

Third Circuit Holds That District Court Erred by Disregarding Unsworn Statement of Party for Fed. R. Civ. P. 56(e) Relief

In Lauria v. Lieb, No. 24-1461 (3d Cir. Sept. 12, 2025), the Third Circuit, while agreeing that a party’s unsworn statement should be disregarded on a Fed. R. Civ. P. 56(a) summary judgment motion, holds that the district court erred in disregarding it for purposes of weighing Fed. R. Civ. P. 56(e). Rule 56(c)(4) prescribesContinue reading “Third Circuit Holds That District Court Erred by Disregarding Unsworn Statement of Party for Fed. R. Civ. P. 56(e) Relief”

Third Circuit Addresses the Continued Obligation to Maintain Confidentiality of Minor Party in Litigation After They Reach Majority

In a published order in Ricketts as parent of L.G. v. Titusville Area Sch. Dist., No. 24-2569 (3d Cir. Aug. 18, 2025) (per curiam), the Third Circuit offers guidance about what happens to the confidentiality of a federal litigant who is a minor once they reach age 18. “[T]he Federal Rules of Civil Procedure, theContinue reading “Third Circuit Addresses the Continued Obligation to Maintain Confidentiality of Minor Party in Litigation After They Reach Majority”

Third Circuit, Joining Circuit Split, Rejects “Reasonable Indication” Standard of Review for Class Action Opt-Outs Under Fed. R. Civ. P. 23(c)(2)(B) (v) and (vi)

Adding its voice to the several circuits that have already ruled on the issue, the Third Circuit holds in Perrigo Institutional Investor Group v. Papa, No. 24-2861 (3d Cir. Aug. 12, 2025) that absent class members must be held to strict compliance with court procedures to opt-out of a Rule 23(b)(3) class action. It thusContinue reading “Third Circuit, Joining Circuit Split, Rejects “Reasonable Indication” Standard of Review for Class Action Opt-Outs Under Fed. R. Civ. P. 23(c)(2)(B) (v) and (vi)”

Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split

In Knowles v. Temple Univ., No. 22-2978 (7th Cir. July 26, 2024), the Third Circuit contributes to the circuit split about whether private process-server fees are taxable costs as  “[f]ees of the clerk and marshal” under 28 U.S.C. § 1920(1) and Fed. R. Civ. P. 54(d). The panel holds that they are not taxable, thusContinue reading “Third Circuit Holds That Private Process Server Fees Are Not a Taxable Cost Under Section 1920(1), Adding to a Circuit Split”

Third Circuit Sorts Out Difference Between Amended and Supplemental Complaints for Evaluating Article III Standing in Union Fee Dispute

In Lutter v. Jneso, No. 21-2205 (3d Cir. Nov. 6, 2023), the Third Circuit holds that by filing a supplemental complaint under Fed. R. Civ. P. 15(d), the plaintiff in this case reset the timeframe for evaluating standing – usually measured from the date of the original complaint – and thereby plead herself out ofContinue reading “Third Circuit Sorts Out Difference Between Amended and Supplemental Complaints for Evaluating Article III Standing in Union Fee Dispute”

Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement

In Huber v. Simons Agency Inc., No. 22-2483 (3d Cir. Oct. 12, 2023), each judge on the panel arrived at a different outcome about whether a plaintiff under the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692– 1692p, suffered an Article III injury because of receiving a debt-collection letter that arguably overstated theirContinue reading “Third Circuit Panel Splits Three Ways on Whether and How FDCPA Plaintiff Had Article III Standing Based on Ambiguous Balance Statement”

Third Circuit Dismisses Pre-Enforcement Challenge to Attorney Ethics Rule on Discrimination (Rule 8.4(g)) on Article III Standing Grounds

In Greenberg v. Lehocky, No. 22-1733 (3d Cir. Aug. 29, 2023), the Third Circuit reverses a preliminary injunction against Pennsylvania’s recently adopted professional responsibility rule, PRPC 8.4(g), prohibiting discrimination and harassment in the practice of law. It holds that the plaintiff, a lawyer who lectures on free-speech issues, demonstrated no credible threat that he wouldContinue reading “Third Circuit Dismisses Pre-Enforcement Challenge to Attorney Ethics Rule on Discrimination (Rule 8.4(g)) on Article III Standing Grounds”

In Mixed Jury-Bench Trial, Third Circuit Holds That District Court Properly Rejected Advisory Jury Verdict for Defendant on an ERISA Retaliation Claim and Granted Judgment to Plaintiff

In Kairys v. Southern Pines Trucking Inc., No. 22-1783 (3d Cir. July 25, 2023), the Third Circuit holds that a district court’s bench ruling on an ERISA retaliation claim—rejecting an advisory jury verdict for the defendant and granting judgment to the plaintiff—did not conflict with the jury’s factual findings related to other plaintiff’s employment claims.Continue reading “In Mixed Jury-Bench Trial, Third Circuit Holds That District Court Properly Rejected Advisory Jury Verdict for Defendant on an ERISA Retaliation Claim and Granted Judgment to Plaintiff”

Third Circuit Panel Divides Over Whether a Federal Agent Can Take an Interlocutory Appeal Under the Collateral Order Doctrine of an Order Denying Dismissal of a Bivens Cause of Action

In Graber v. Boresky, No. 21-1407 (3d Cir. Feb. 10, 2023), a 2-1 panel holds that there is no automatic interlocutory appeal under the collateral order doctrine of a district court decision on a Fed. R. Civ. P. 12(b)(6) motion that there is a cause of action under Bivens v. Six Unknown Agents of FederalContinue reading “Third Circuit Panel Divides Over Whether a Federal Agent Can Take an Interlocutory Appeal Under the Collateral Order Doctrine of an Order Denying Dismissal of a Bivens Cause of Action”

Fed. R. App. P. 43 Places Duty on Appellant to Identify Party to Substitute for Deceased Appellee, Holds Third Circuit

In Aldossari v. Ripp, No. 21-2080 (3d Cir. Sept. 13, 2022), the Third Circuit – addressing a split in the circuits – holds that it must dismiss an appeal brought against a deceased appellee under Fed. R. App. P. 43 where the appellant has failed to identify a substitute party. The case concerned a failedContinue reading “Fed. R. App. P. 43 Places Duty on Appellant to Identify Party to Substitute for Deceased Appellee, Holds Third Circuit”