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Byrd v. Aaron's Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were "objective records" that could "readily identify"...

Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The...

In re Blood Reagents Antitrust Litigation, 783 F.3d 183 (3d Cir. 2015). In Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), discussed here, the Supreme Court reversed the 2011 decision...

McMaster v. Eastern Armored Services, Inc., 780 F.3d 167 (3d Cir. 2015). Plaintiff Ashley McMaster was a driver and/or guard (some days she drove, and other days she rode as a...

Cottillion v. United Refining Co., 781 F.3d 47 (3d Cir. 2015). This opinion by Judge Ambro, issued today, affirmed a summary judgment in favor of plaintiffs and a class in...

Shelton v. Bledsoe, 775 F.3d 554 (3d Cir. 2015). In Carrera v. Bayer Corp., 727 F.3d 300 (3d Cir. 2013), a damages class action under Federal Rule of Civil Procedure Rule...

As previewed here, today was the day on which the Supreme Court heard oral argument on the application of the Fair Share Housing Center to hold the Council on Affordable...

In re National Football League Players Concussion Injury Litigation, 775 F.3d 570 (3d Cir. 2014). Federal Rule of Civil Procedure 23(f) states that "[a] court of appeals may permit an...

Dart Cherokee Basin Operating Co., LLC v. Owens, ___ U.S. ___ (2014). This case reached a fairly simple conclusion: a notice of removal that removes to federal court a putative...

Grandalski v. Quest Diagnostics, Inc., 767 F.3d 175 (3d Cir. 2014). Plaintiffs filed a putative class action in which they alleged that defendant, a company that performs medical lab tests,...