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

March 2018 Archives

Uber Beats Taxis in Philly

Not so many years ago, a taxi driver had to pay $545,000 for a medallion to operate in Philadelphia.

After Uber took over the City of Brotherly Love, however, that medallion was worth about $80,000. What was worse, the driver borrowed against it to buy a cab.

That is a substantial loss, but not damages. In Philadelphia Taxi Association v. Uber Technologies, the U.S. Third Circuit Court of Appeals said it's just competition and it's not unfair.

Nuns Try to Intervene in Contraception Case

As they entered the federal appeals court, the judges and the nuns had more in common than black robes.

The judges of the U.S. Third Circuit Court of Appeals were there to consider whether non-parties have a right to intervene in Pennsylvania v. Trump. The Little Sisters of the Poor Saints Peter and Paul Home were there for that same reason.

Ultimately, the appeals court will rule on President Trump's order that allows conscience-based objections to the contraception mandates of Obamacare. But first they have to decide whether the nuns can join in the conversation.

Hybrid Medical Device Not Exempt From State Liability

Walter Shuker had a complicated hip replacement surgery.

It wasn't just the total replacement of his hip that was complicated. It was the device -- an apparatus comprised of a metal head, metal sleeve, a stem connecting the metal head to the thigh bone, a metal liner, etc. Together, the pieces created a "metal-on-metal articulation."

That's where his post-operative pain began and a subsequent lawsuit emerged in Shuker v. Smith and Nephew. The case -- with a question of first impression -- was as complicated as the corrective surgery.

Tribe's Arbitration Clause Is Unenforceable

If this were the Old West, John MacDonald might've said he got scalped.

But times have changed, and so MacDonald just says he got ripped off in a bad loan. He borrowed $5,000 at 116 percent annual interest, resulting in a $35,994 finance charge over seven years.

Fortunately for MacDonald, the U.S. Third Circuit Court of Appeals let him get out of part of the deal. And as it turns out, a Native American tribe was involved.