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Covington & Burling LLP | USA | 29 Jun 2022

Third Circuit Refuses to Accept Inferences to Support Findings of Numerosity and Commonality

The Third Circuit’s recent decision in Allen v. Ollie’s Bargain Outlet, Inc., — F.4th —-, 2022 WL 2284654 (3d Cir. 2022), gave close scrutiny to two…
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Barnes & Thornburg LLP | USA | 28 Jun 2022

U.S. Supreme Court to Determine Authority, Review Standard for Government Dismissals of False Claims Act Qui Tam Actions

Last week, the U.S. Supreme Court granted a whistleblower’s (otherwise known as a relator) request for review in U.S. ex rel. Polansky v. Executive…
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Sidley Austin LLP | USA | 24 Jun 2022

Supreme Court Grants Certiorari to Resolve Circuit Split on the Government’s Authority to Dismiss FCA Cases Over Relators’ Objections

On June 21, 2022, the Supreme Court granted certiorari to resolve a Circuit split on the standard for evaluating the Government’s authority to…
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Klein Moynihan Turco LLP | USA | 20 Jun 2022

Third Circuit Decision Broadens TCPA Autodialer Definition?

Courts across the country continue to adapt in the wake of the U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid. A little over a year ago…
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Lowenstein Sandler LLP | USA | 7 Jun 2022

Can Avoidance Actions Be Sold in Bankruptcy? Circuit Courts Split

Lindsay H. Sklar and Colleen M. Restel address the concept of avoidance actions as an asset of the bankruptcy estate and the split in circuit court…
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Sidley Austin LLP | USA | 6 Jun 2022

Third Circuit Becomes First Court of Appeals to Consider Thole v. U.S. Bank N.A.’s Application to Defined Contribution Plans

Last week, the U.S. Court of Appeals for the Third Circuit issued its decision in Boley v. Universal Health Services, Inc., No. 21-2014 (3d Cir. June…
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Covington & Burling LLP | USA | 17 May 2022

Were You Exposed to Toxic Substances in Consumer Products? You May Lack Standing to Sue in the Third Circuit.

A consumer purchases a product and later finds out that the product was contaminated with a toxic substance. Was the consumer injured? Without knowing…
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Shearman & Sterling LLP | USA | 4 May 2022

Third Circuit Holds That A Concessions Vendor Does Not Have Antitrust Standing To Challenge An Exclusive Agreement Between An Airport And A Third-Party Beverage Company

On April 27, 2022, the United States Court of Appeals for the Third Circuit held that a concessions vendor did not have antitrust standing to…
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Cadwalader Wickersham & Taft LLP | USA | 3 May 2022

U.S. Court of Appeals for the Third Circuit Agrees to Hear Interlocutory Appeal in CFPB Enforcement Action against Student Loan Trusts

On April 29, 2022, the U.S. Court of Appeals for the Third Circuit granted a petition for permission to appeal in Consumer Financial Protection…
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Cadwalader Wickersham & Taft LLP | USA | 26 Apr 2022

Junior Creditors Beware: Third Circuit Awards Damages for Breach of Turnover Provision

The Third Circuit also affirmed a judgment that awarded the senior creditor damages for the misapplication of such collateral proceeds in violation…
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