We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results:1-10 of 16

Third Circuit Ruling Impacts Oil & Gas Industry
  • McCarter & English LLP
  • USA
  • August 16 2017

The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers


Third Circuit Reminds Debt Collectors Of Notice Requirement
  • McCarter & English LLP
  • USA
  • August 1 2017

The Fair Debt Collection Practices Act (the “Act”) was created to protect consumers against abusive debt collection practices. The notice provision is


Third Circuit Provides Guidance to Creditors Seeking Section 503(b)(9) Administrative Expense Status
  • McCarter & English LLP
  • USA
  • July 21 2017

Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of


Third Circuit nixes presumption of irreparable harm in comparative false advertising cases
  • McCarter & English LLP
  • USA
  • September 3 2014

Continuing a trend that began in 2006 with the Supreme Court's decision in eBay Inc. v. MercExchange, L.L.C., the U.S. Court of Appeals for the Third


Supreme Court raises the bar to class certification
  • McCarter & English LLP
  • USA
  • April 10 2013

The United States Supreme Court has continued to raise the bar on class certification by requiring that plaintiffs be able to prove damages on a


One less worry for secured creditors: Supreme Court rejects rationale of cases prohibiting credit bidding in sales under Chapter 11 plans
  • McCarter & English LLP
  • USA
  • May 30 2012

Two years ago we published an alert about the decision of the United States Court of Appeals for the Third Circuit in In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3d Cir. 2010).


Third Circuit holds reformation of policy is permitted for mutual mistake,even against a non-negotiating party if it is not otherwise inequitable under the circumstances
  • McCarter & English LLP
  • USA
  • August 29 2011

The Third Circuit recently held, under New Jersey law, that an insurer's policy may be reformed for mutual mistake, even against a potentially-covered insured who was not part of the negotiating process.


Atlantic Mutual and Centennial are in rehabilitation, and the rehabilitation court's stay order has been enforced by another forum as applying to product liability claims against their policyholder
  • McCarter & English LLP
  • USA
  • December 8 2010

On September 14, 2010, a New York state court entered an Order of Rehabilitation for Atlantic Mutual Insurance Company and Centennial Insurance Company (collectively, "Atlantic") to try to resolve Atlantic's insolvency and return it to the marketplace.


Rifino, Matthew
  • McCarter & English LLP