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You Can't Be Compelled To Arbitrate In A Nonexistent Forum
  • Porzio Bromberg & Newman PC
  • USA
  • March 22 2018

This one may seem obvious, but, in MacDonald v. Cashcall, Inc., the U.S. Court of Appeals for the Third Circuit held that a contractual arbitration

3rd Circuit Articulates Direct Purchaser Standing Framework in Egg Product Lawsuit
  • McGuireWoods LLP
  • USA
  • March 16 2018

The 3rd Circuit revived a lawsuit filed by Kraft, General Mills, Kellogg and Nestle against several egg producers in an opinion issued on Jan. 22. In

3rd Cir. Holds Settlement Offer as to Time-Barred Debt May Violate FDCPA
  • Maurice Wutscher LLP
  • USA
  • March 7 2018

The U.S. Court of Appeals for the Third Circuit held that a collection letter sent to collect a time-barred debt that makes a "settlement offer" to

Third Circuit Grants Express Preemption in “Hybrid” Medical Device Case
  • Bradley Arant Boult Cummings LLP
  • USA
  • March 6 2018

On March 1, the U.S. Court of Appeals for the Third Circuit, in Shuker et al. V. Smith & Nephew PLC, affirmed a District Court’s ruling that claims

ERISA: Using the 24 Month MentalNervous Limitation to Win Claims Alleging Physical Disability
  • Lane Powell PC
  • USA
  • March 5 2018

What happens when a claimant asserts totally disability caused by subjective physical pain and mental illness? For example, sometimes claimants

The Economic Substance Doctrine: A U.S. Anti-Abuse Rule
  • Ruchelman PLLC
  • USA
  • March 5 2018

Major corporate transactions typically reflect at least two separate elements. One is the business arrangement agreed to by the parties. The other is

How an Amicus Brief Can Win an Appeal
  • Patterson Belknap Webb & Tyler LLP
  • USA
  • March 2 2018

Economists are endemic to antitrust litigation. Their expertise is often necessary to explain why the conduct or merger at issue will have no impact

3rd Circuit holds payday lender’s arbitration clause unenforceable
  • Buckley Sandler LLP
  • USA
  • March 1 2018

On February 27, the U.S. Court of Appeals for the 3rd Circuit held that an arbitration clause is unenforceable if the corresponding forum selection

Supreme Court Limits Scope of Avoidance Action Safe Harbor for Securities Transactions
  • Baker Botts LLP
  • USA
  • March 1 2018

A bankruptcy trustee or a debtor in possession has powers under the Bankruptcy Code to avoid certain transfers the debtor may have made prior to the

Third Circuit Court of Appeals: Including the Word “Settlement” in Collection Letter for Time-Barred Debt Could Violate FDCPA
  • Troutman Sanders LLP
  • USA
  • February 28 2018

On February 12, the Third Circuit Court of Appeals issued a precedential opinion in which it found that a debt collector’s inclusion of the word