3rd Cir. News: Safari's Cookies, the Pledge and a Certified Question - U.S. Third Circuit
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3rd Cir. News: Safari's Cookies, the Pledge and a Certified Question

In the past week we've had some interesting movement in cases in the Third Circuit. One case was filed in district court in New Jersey, while one is getting set for arguments before the Third Circuit, and another is getting sent back to state court with a certified question.

Here's the latest in Third Circuit cases -- read on for details.

Pledge of Allegiance Case Filed

The American Humanist Association, a group espousing "nontheistic views," has filed a suit against a New Jersey school district, on behalf of a family that objects to the phrase "under God" in the Pledge of Allegiance that their child must recite each day in school. The family alleges that the phrase "under God" discriminates against atheists, and violates Article 1 of the New Jersey Constitution.

An attorney for the American Humanist Association stated, "Public schools should not engage in an exercise that tells students that patriotism is tied to a belief in God. ... Such a daily exercise portrays atheist and humanist children as second-class citizens, and certainly contributes to anti-atheist prejudices."

Safari Cookies Case Appealed

The "Safari-gate" drama continues. In 2012, Stanford graduate student, Jonathan Mayer, released a report that "four companies were circumventing Safari's no-tracking settings," reports MediaPost. Two of the companies -- PointRoll and Google have settled with the FTC and many states, but a group of consumers continues to try to sue the companies in a class action.

A group of consumers initiated an action alleging "violations of the federal wiretap law and state privacy laws," when they learned that companies were circumventing their privacy controls for ad purposes. Judge Sue Robinson, of the U.S. District Court for the District of Delaware, dismissed the lawsuit, and now the consumers are appealing to the Third Circuit. Briefs have been filed, and we are awaiting arguments.

Pennsylvania State Law Question Certified

Jared Wolfe was injured in a DUI car accident, and this case involves the dispute between the DUI driver's insurance company and Wolfe. Unable to make a determination without input on Pennsylvania law, the Third Circuit has certified the following question to the Pennsylvania Supreme Court: "Under Pennsylvania law, can an insured tortfeasor assign his or her bad faith claim against an insurer, under 42 Pa.C.S. § 8371, to an injured third party?" The Pennsylvania Supreme Court's answer will determine the outcome of the appeal.

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