Recently in Court Rules Category

To what extent can the prevailing party of a civil case transfer the costs of eDiscovery to the losing party in a case? The Third Circuit Court of Appeals addressed this issue in an opinion filed on March 19, 2012. This is an interesting case, largely due to the fact that it was a matter of first impression for the Third Circuit. While other circuits have addressed the issue, the results are conflicting.

The costs of eDiscovery in litigation can be astronomical. The law currently allows the prevailing party to recover the “fees for exemplification and the costs of making copies of any materials.” Once upon a time, this referred to photocopies.

The Third Circuit Court of Appeals affirmed an order of the District Court. The District Court denied class certification to a group of plaintiffs who were challenging the marketing practices of Synapse Group, a wholly owned subsidiary of Time Inc. Synapse is the largest marketer of magazine subscriptions in the United States.

The Third Circuit ruled that none of the appellants were current Synapse customers and lacked standing to seek the remedy they were pursuing on behalf of the class.

Brevity is the soul of wit ... and of briefs in the Third Circuit Court of Appeals.

It seems that the Third Circuit is tired of the lawyers asking for permission to add extra pages to their briefs. Last month, the court issued a standing order warning appellate attorneys against filing motions to exceed the page limitations of the Federal Rules of Appellate Procedure.

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Today’s topic: Third Circuit appellate mediation.

What client doesn’t savor the thrill of appealing her case up the judicial food chain? It’s terribly exciting. It’s also expensive.

While going to court is fun, it’s costly and time-consuming. If your client is looking for a faster resolution, appellate mediation is an alternative to a full-blown appeal in the Third Circuit Court of Appeals. Here are five things you should tell you client when considering appellate mediation.

To remove a lawsuit from state court to federal court under the federal removal statute, 28 U.S.C. 1446 requires a defendant to file a notice of removal within 30 days of being served. The Circuit Courts of Appeals are divided regarding how the removal statute should be applied when multiple defendants are served on different days.

The Fourth and Fifth Circuits subscribe to the first-served rule. The Sixth, Eighth, Ninth, and Eleventh Circuits have chosen the later-served rule, giving each defendant 30 days after that defendant is served to remove the case to federal court. The remaining circuits have been silent on the matter.

The Third Circuit Court of Appeals implemented five changes to its Local Appellate Rules this week. The amendments, which became effective on August 1, affect Local Appellate Rules 26.1.0, 31.4, 33.0, 39.3, 46.3.

Changes to the rules address corporate disclosure statements, brief extension timelines, electronic filing in mediation, document reproduction costs, and law student eligibility to appear before the court.

Details of the changes are outlined below.

Are you thinking of filing an amicus brief in the 3rd Circuit Court of Appeals?

In an article in their newsletter, the Third Circuit Bar Association provides some insight into the court's policy on submitting amicus curiae briefs and who may submit an amicus curiae brief to the 3rd Circuit Court of Appeals.

The 3rd Circuit U.S. Court of Appeals reversed a lower court ruling last week, sending the case back to U.S. District Judge Jan E. DuBois. The decision involved the disclosure of emails and other confidential communications by the law firm of Kohn, Swift & Graf P.C. in a pollution lawsuit against Chevron, reports The Philadelphia Inquirer.

This isn't your typical motion to compel discovery, however. The case made it to appeals, largely on the issue of fraud. In a case that began in the 1990's as a pollution case, alleging that drilling operations in Ecuador had contaminated the rainforest, the issue of attorney-client privilege became a central issue after the case was transferred to Ecuador in 2003.