Two new opinions

Please excuse my cursory summaries today, I’m in the home stretch working on a big Third Circuit brief.

DiFiore v. CSL Behring — civil — affirmance — Fisher

The Third Circuit today affirmed a district court’s grant of summary judgement today in False Claims Act whistleblower case, holding that ” an employee’s protected activity must be the ‘but-for’ cause of adverse actions to support a claim of retaliation under the FCA.”

Joining Fisher were Vanaskie and Rendell. Arguing counsel were James Bell IV of Bell & Bell for the appellant and David Fryman of Ballard Spahr for the appellee.

 

Crystallex Int’l v. Petroleos de Venezuela — bankruptcy — reversal — Rendell

A divided Third Circuit panel today applied Delaware law to hold that a transfer by a non-debtor cannot be a fraudulent transfer under the Delaware Uniform Fraudulent Transfer Act.

Joining Rendell was Vanaskie; Fuentes dissented with a useful diagram. Arguing counsel were Nathan Eimer of Illiniois for the appellant and Robert Weigel of Gibson Dunn for the appellee.