3rd Circuit Injury & Tort Law News - U.S. Third Circuit
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Three fathers filed suit against Israelis officials including two former cabinet-level Ministers, a current Israel Supreme Court Justice, and a current Haifa Rabbinical Court District Judge, all because they were unhappy with the outcome of their child custody proceedings, claiming that Israeli family law unfairly discriminates against fathers. Their litigious grasp also ensnared three non-profit organizations who they accused of "financing radical feminism."

The Third Circuit recently decided a case that now results in a circuit split with two circuits on each side of the issue. With so many circuit splits heading to the Supreme Court, this case has us wondering whether it will be one of them.

Ashley Gager bought thousands of dollars worth of computer equipment on a Dell line of credit. When applying for the credit, Gager input her cell phone number where the application asked for her home number. When she later defaulted on the debt, she received many automated debt-collecting calls to her cell phone.

She sent a letter to Dell asking it to stop calling her account, and after she sent the letter, she claimed that Dell called her about 40 times in a three week period. Gager filed a claim in district court alleging violations of the Telephone Consumer Protection Act of 1991 ("TCPA"). The district court dismissed her complaint for failure to state a claim and this appeal followed.

The Third Circuit disagreed with the district court and reversed its decision, reports Reuters.

Earlier this week, the Third Circuit Court of Appeals was faced with an issue of first impression: whether state tort claims, brought by private property owners against an in-state source of pollution, were preempted by the Clean Air Act. The district court found that the claims were preempted.

The Third Circuit disagreed, and reversed and remanded for further proceedings.

New Jersey, Pennsylvania and Delaware are keeping practitioners on their toes with a host of legal issues arising from hot news stories. Here's a roundup of the goings on in the states of the Third Circuit...

Giffords' Advocacy Group Urges Passage of NJ Gun Law

Governor Christie signed ten new gun bills into law on Thursday, but Gabbie Giffords' advocacy group is urging Christie to sign another into law, with a petition of over 3,000 signatures.

GenOn REMA, LLC owns Portland Generating Station, (collectively “GenOn”), a Pennsylvania electricity generating facility, run by coal, located across the Delaware River from New Jersey. A mere 500 feet away, New Jersey suffered from high levels of sulfur dioxide emissions resulting from GenOn.

Pursuant to the Clean Air Act, New Jersey filed a claim with the EPA. Finding that GenOn’s emissions of sulfur dioxide contributed to interstate air pollution, the EPA issued a ruling (“Portland Rule”), that required GenOn to decrease emissions. GenOn challenged the EPA’s Portland Rule on two grounds: (1) the EPA did not have the authority to issue the rule; and (2) the rule was arbitrary and capricious. The Third Circuit did not agree.

In a decision Monday, the Third Circuit denied a suit against the SEC by Ponzi scheme victims of Bernie Madoff to recover losses due to his notorious fraud.

The suit against the Securities and Exchange Commission (SEC) claimed that the Commission was negligent in not uncovering and terminating Madoff’s infamous Ponzi scheme before the appellants suffered financial injuries.

The Third Circuit echoed many courts on this issue; you can’t sue the SEC for using its discretion in how it deals with fraud cases.

In a jurisdictional battle decided Friday, the pharmaceutical giant GlaxoSmithKline was determined to be a citizen of Delaware for purposes of litigation.

The plaintiffs, both who suffered birth defects from the effects of thalidomide on their mothers’ pregnancies, argued unsuccessfully to the Third Circuit that GSK was a citizen of Pennsylvania, where most of its business is located.

In what will no doubt add to future law school primers and bar study guides on subject matter jurisdiction, the Court declared there was diversity of citizenship between the parties.

Brittany and Emily Morrow were bullied severely by several students only to have the school suggest that the Morrows should move to a different school.

In an answer to their claims for federal relief, the Third Circuit opined that the school is not legally liable for allowing children to be bullied by other students.

Ryan Hart's Electronic Arts Lawsuit for Video Game Not Over Yet

The video game industry is not off the hook just yet. Former Rutgers football player, Ryan Hart, just got the go ahead from the Third Circuit Court of Appeals to continue his Electronic Arts lawsuit. Hart had sued EA for misappropriation of his likeness in their NCAA Football video games depicting a college football player similar to him when he played.

This case is about all balancing rights; a celebrity's rights of publicity and the video game company's rights of expression. The Third Circuit reversed the district court decision holding EA's college football video games were entitled to First Amendment freedom of speech protection.