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Weekly Caselaw Updates

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PG Publishing v. The Newspaper Guild of Pittsburgh

The Third Circuit affirmed the District Court’s dismissal of PG Publishing’s complaint to vacate a labor arbitration award. The complaint invoked the Labor Management Relations Act (“LMRA”) and the Federal Arbitration Act (“FAA”). PG argued that even if it filed its complaint outside of the applicable limitations period for an…

PG Publishing v. The Newspaper Guild of Pittsburgh
3rd Circuit

The Third Circuit affirmed the District Court’s dismissal of PG Publishing’s complaint to vacate a labor arbitration award. The complaint invoked the Labor Management Relations Act (“LMRA”) and the Federal Arbitration Act (“FAA”). PG argued that even if it filed its complaint outside of the applicable limitations period for an LMRA action, it filed within… Continue reading PG Publishing v. The Newspaper Guild of Pittsburgh

Fowler v. AT&T
3rd Circuit

The plaintiff sued her former employer for age and disability discrimination and alleged that the company failed to accommodate her disabilities. This District Court granted summary judgment, and the Third Circuit affirmed. The plaintiff had a seizure disorder and breast cancer. She worked at AT&T and was placed in the company’s layoff procedure when her… Continue reading Fowler v. AT&T

Noga v. Fulton Fin. Emp. Benefit Plan
3rd Circuit

The Third Circuit affirmed the District Court’s order that retroactively reinstated the plaintiff’s The Third Circuit held that an insurance company engaged in “procedural irregularities” when it used outside medical experts to overrule its in-house medical experts and terminated the participant’s disability benefits. The Court further held that those procedural irregularities aligned closely with the… Continue reading Noga v. Fulton Fin. Emp. Benefit Plan

United States v. Johnson
3rd Circuit

Judge Matey aptly described this as the “Case of the False Praecipe”. The Third Circuit dipped a toe into the Cosby saga and vacated the defendant’s conviction for making false statements. The defendant became obsessed with Bill Cosby and decided to go to the entertainer’s defense. The defendant emailed Andrea Constand’s civil attorney and threatened… Continue reading United States v. Johnson

Dennis v. City of Philadelphia
3rd Circuit

The Third Circuit affirmed the District Court’s denial of a motion to dismiss Plaintiff’s Section 1983 claims. Defendant-appellants are police detectives who investigated Plaintiff for charges relating to the murder of a high-school student, a crime for which a jury convicted Plaintiff. In 2013, the District Court granted Plaintiff’s habeas petition and vacated his murder… Continue reading Dennis v. City of Philadelphia

CPR Mgmt., S.A. v. Devon Park Bioventures, L.P.
3rd Circuit

The Third Circuit found itself at the tail end of arbitration and litigation that spanned multiple countries, at least three state courts, and the federal courts. Deutsche Bank loaned money to a company, and that company used the money to partner with and acquire the defendant. But when Deutsche Bank issued margin calls on the… Continue reading CPR Mgmt., S.A. v. Devon Park Bioventures, L.P.

P&A Constr. v. Int’l Union of Operating Eng’r
3rd Circuit

The Third Circuit addressed an atypical situation and weighed in on an open question: Does the Labor Management Relations Act (LMRA) authorize a district court to compel joint arbitration between an employer and two separate labor unions, each of which has a collective bargaining agreement (CBA) with the common employer when those unions claim the… Continue reading P&A Constr. v. Int’l Union of Operating Eng’r

Nederland Shipping Corp. v. United States
3rd Circuit

This case is about the Reefer. No, not that kind of Reefer. The shipping vessel M/V Nederland Reefer was held off the coast of Delaware for more than two weeks while its perishable cargo went bad. The owners of the Reefer agreed to post a $1 million surety bond to cover any potential fines regarding… Continue reading Nederland Shipping Corp. v. United States

United States v. Shulick
3rd Circuit

The Third Circuit affirmed the defendant’s convictions for conspiracy, fraud, embezzlement, and other crimes. The defendant owned a for-profit education company through which he contracted with the School District of Philadelphia to run a school. But instead of spending the money he received on the students as the contract required, he embezzled funds for his… Continue reading United States v. Shulick

United States v. Nasir
3rd Circuit

An en banc panel of the Third Circuit vacated the defendant’s sentence, holding that the District Court erred when it applied a career offender enhancement. After the District Court denied the defendant’s motion to suppress, a jury found him guilty of drugs and guns charges. The District Court sentenced the defendant to 210 months of… Continue reading United States v. Nasir