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”
Tag Archives: Third Circuit
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”
District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit
In Avenatti v. Fox News Network LLC, No. 21-2702 (3d Cir. July 21, 2022), the Third Circuit affirms a decision of the district court to drop a defendant added to a complaint, just days after its removal, under Fed. R. Civ. P. 21. When non-diverse defendants are named in the state-court complaint prior to removalContinue reading “District Court Did Not Abuse Discretion Under Fed. R. Civ. P. 21 in Dropping Non-Diverse Party Added to Complaint Days After Removal, Holds Third Circuit”
Because Defendants Never Received Written Notice from Plaintiff That Disclosed Basis for Federal Jurisdiction, Third Circuit Holds That 30-Day Clock for Removal Never Triggered Under 28 U.S.C. § 1441
In McLaren v. The UPS Store Inc., No. 22-1379 (3d Cir. Apr. 25, 2022), the Third Circuit vacates an order remanding a case to state court on timing grounds, holding that the district court erred as a matter of law in finding that the 30-day clock for removal under 28 U.S.C. § 1446 started runningContinue reading “Because Defendants Never Received Written Notice from Plaintiff That Disclosed Basis for Federal Jurisdiction, Third Circuit Holds That 30-Day Clock for Removal Never Triggered Under 28 U.S.C. § 1441”
Federal Magistrate Judge Lacked Subject-Matter Jurisdiction to Dismiss Plaintiff’s Complaint Where Defendants Had Not Yet Appeared and Consented, Holds Third Circuit
In Burton v. Schamp, No. 18-1174 (3d Cir. Feb. 3, 2022), the Third Circuit—hearing two consolidated prisoner appeals—holds that the failure of unserved defendants to consent to a U.S. federal magistrate judge (magistrate) before the complaint is dismissed deprives the magistrate of subject-matter jurisdiction under 28 U.S.C. § 636(c)(1). The panel rejects defendants’ arguments in supportContinue reading “Federal Magistrate Judge Lacked Subject-Matter Jurisdiction to Dismiss Plaintiff’s Complaint Where Defendants Had Not Yet Appeared and Consented, Holds Third Circuit”
District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit
In Butt v. United Brotherhood, No. 18-2272 (3d Cir. June 8, 2021), the First Circuit holds that the district court maintained subject matter jurisdiction to adjudicate a fee dispute between a pair of lawyers who represented three women in an employment discrimination lawsuit. Attorney Paddick represented plaintiffs (the Clients) on a 40% contingency fee throughContinue reading “District Court Had Ancillary Enforcement Jurisdiction to Enforce Attorney’s Lien in Post-Judgment Proceeding, Holds First Circuit”
Third Circuit Sanctions Lawyer for Bad Cut-and-Paste Job
In Conboy v. United States Small Business Admin., No. 20-1726 (3d Cir. Mar. 19, 2021), the Third Circuit issues a Fed. R. App. P. 38 sanction against a lawyer whose appellate brief “was essentially a copy of the one he filed in the District Court.” To underscore the point, the panel attaches a red-lined copyContinue reading “Third Circuit Sanctions Lawyer for Bad Cut-and-Paste Job”
Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling
In O’Hanlon v. Uber Technologies Inc., No. 19-3891 (3d Cir. Mar. 17, 2021), the panel rejects defendant-appellee Uber’s argument that the Court of Appeals must take up a standing issue along with its interlocutory review of an arbitration decision. “We established in Griswold v. Coventry First LLC that, on interlocutory appeal from the denial ofContinue reading “Third Circuit Holds That It Need Not Consider Plaintiff’s Standing to Hear Defendant’s Interlocutory Appeal of Arbitration Ruling”
Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit
In Association of New Jersey Rifle and Pistol Clubs, Inc. v. Attorney General New Jersey, No. 19-3142 (3d Cir. Sept. 1, 2020) – a constitutional challenge to the state’s ban on large capacity magazines (“LCMs”) – the panel holds that the first appellate decision in the case denying a preliminary injunction (910 F.3d 106, 111Continue reading “Prior Panel Opinion at Preliminary Injunction Stage Was Law of the Case and Thus Binding on Second Appeal of Summary Judgment, Holds Third Circuit”
Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit
In United States v. Heinrich, No. 19-3035 (3d Cir. Aug. 18, 2020), the Third Circuit holds that the district court failed to exercise discretion by assigning a law clerk to inform the lawyers of the ruling by phone, then failing to docket a written explanation. The defendant plead guilty on a child pornography conditioned onContinue reading “Ruling on Daubert Motion Furnished Orally by Law Clerk Invalid, Holds Third Circuit”
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