U.S. Third Circuit - FindLaw

U.S. Third Circuit - The FindLaw 3rd Circuit Court of Appeals Opinion Summaries Blog


While Donald Trump campaigns to 'make America great again,' the Atlantic City casinos bearing his name have been doing anything but great. Trump casinos, hotels, and resorts have filed for bankruptcy no less than four times. The Trump Taj Mahal Casino first went into Chapter 11 in 1991, then again in September of 2014.

That most recent bankruptcy led to a protracted battle with the casino's union workers, who lost their bid to hold the Taj Mahal to its contracts last Friday, when the Third Circuit ruled that the bankruptcy code allowed debtors to escape their collective bargaining agreements.

If you want to officiate your cousins wedding, you can spend a few bucks and get ordained online in under 15 minutes. But if you want to establish a church plan, an ERISA-exempt defined benefit retirement plan, you better be a church. That's the gist of a recent ruling by the Third Circuit that concluded, "per the plain text of ERISA, only a church can establish" such plans.

Though the Third Circuit's ruling seems straightforward, it contrasts with years of IRS practice found that "nonchurch status is not fatal" when establishing church plans and decades of court opinions assuming that church plans could be established by entities that simply have strong ties to churches.

Another Circuit Court Rules Against Nude Bars

It's been a tough time for business owners who want to open exotic dancing businesses. Both the Seventh Circuit and the a New Jersey appeals court handed down decisions that disfavored the legal arguments put forth by business owners who sought to open strip clubs in their respective towns.

Boy, can't someone run an honest nude bar anymore?

Overview of 3rd Circuit's Precedent-Setting FLSA Cases

Employment lawyers have been keeping their eyeballs on the Third Circuit lately. That court of appeals has been very busy making law with regards to the federal FLSA in two recent cases.

As an added bonus, the court was mercifully clear in its dicta and tone in both opinions. It might not be a bright line rule, but hey -- let's not be greedy.

3rd Circuit Reverses in Favor of ISPs, Rules Against AT&T

Net Neutrality. Data Throttling. These are some of the new vocabulary terms that netizens have become fluent in recently. It seems that every few months, a new court drama plays out over the proper nature of Internet traffic and how to handle it.

One of the key players, AT&T, has been finding itself in courtrooms a lot lately. How nice of them to set precedent for the rest of us.

You Eat on Your Own Time! 3rd Cir. Rules

Guards at Butler County Prison have lost their overtime lawsuit after they claimed that 15 minutes of an hour-long meal break was compensable under the Fair Labor Standards Act.

The suit was a case of first impression for the Third Circuit Court of Appeals. With this decision, the Third is the latest in a growing club of federal courts which have applied a harsh standard, essentially cutting off pay for workers who eat on what is arguably time for their own benefit.

Temp Workers Can Sue for Discrimination ... Maybe

The battle over workers' rights and employers' desire to conduct business lawsuit-free turned another page recently. In Faush v. Tuesday Morning. Inc,The Third Circuit overturned a grant of summary judgment in favor of the defendant temp-employer, remanding the case back to the lower court for further findings. The language applied in the court's opinion spells more trouble ahead for employers seeking to blur the distinction between 'temp' and 'employee.'

An Internet privacy class action against Google was revived by the Third Circuit recently. The class action began after it was revealed that Google was circumventing cookie blockers, the browser features that prevent advertisers and other third parties from tracking Internet users.

The class action was originally dismissed on summary judgment, but the Third Circuit found that Google's actions, as alleged, "highly offensive," deceitful, and possibly in violation of California privacy law.

Supermarket Antitrust Lawsuit Revived by 3rd Circ.

The Third Circuit has just ruled that a real estate developer has standing to sue the owners of Shop-Rite over anti-competitive behavior that would stymie the opening of a Wegmans in Hanover, New Jersey.

The lengthy opinion outlines and clarifies the limits and intended application of the justiciability doctrine and antitrust immunity under Noerr-Pennington.

Notice of Removal's Content Is Dispositive in Immigration Case

The Third Circuit really split hairs when it ruled that the content and justification of a Notice of Removal would determine whether or not an alien should be deported or not.

Narinder Singh petitioned the Board of Immigration Appeals to review his case. He moved the BIA to dismiss an order by his Immigration Judge that he should be removed and that he also was ineligible for removal of that order under U.S.C. sec. 1229(b)a because he was not continuously in the USA for seven years. Then the facts get nit-picky ...