Two new opinions, including Judge Bibas’s first precedential opinion

In re: Arctic Glacier Int’l — bankruptcy — affirmance — Bibas

The Third Circuit today issued the first precedential opinion authored by its newest member, Judge Stephanos Bibas. The issue in the appeal was whether a party that bought shares in a bankrupt company after the bankruptcy reorganization was bound by terms of the reorganization plan applicable to shareholders. In an opinion that’s devoid of flash and a model of clarity, the court held that it was.

Joining Bibas were Smith and Hardiman. Arguing counsel were David Gordon of New York for the appellants and Mark Rasmussen of Jones Day for the appellees.


Newark Cab Assoc. v. City of Newark — civil — affirmance — Chagares

The Third Circuit today denied an appeal brought by Newark taxicab and limo operators seeking to revive their challenge to a deal between the city and ride-sharing giant Uber. The deal freed Uber from regulations that apply to taxi drivers, such as the need to buy a taxi medallion, get a commercial license, and charge rates set by the city. The court acknowledged that the city’s deal with Uber put the plaintiffs in “an undoubtedly difficult position,” but it upheld the district court’s dismissal of their constitutional and state-law claims.

Joining Chagares were Jordan and Hardiman. Arguing counsel were Richard Wedinger of Barry, McTiernan, & Wedinger for the cab operators and James Lewis of Pennington Law Group for the city.