Several Third Circuit cases have been in the news lately.
Challengers to the NFL concussion-litigation settlement upheld by the Third Circuit this past spring have asked the Supreme Court to grant certiorari. The case is distributed for the Supreme Court’s December 9 conference. NFLconcussionlitigation.com discusses and links to the amicus filings here. Alison Frankel of Reuters has this interesting report headlined, “SCOTUS hasn’t looked at class action settlement in 17 years. Time to revisit?” Frankel reports that the challengers’ petition slams the Third Circuit ruling as “a blueprint for circumventing Amchem and Ortiz,” and their counsel of record, Supreme Court specialist Deepak Gupta, is quoted saying, “The 3rd Circuit has drifted away from Amchem.”
Another cert petition in the news is the challenge to the Third Circuit’s en banc ruling in the sports-betting case. John Brennan has this helpful summary on his Meadowlands Matters blog at NorthJersey.com. Five states have taken NJ’s side as amicus.
In a case in which I was retained to seek rehearing after I criticized the panel opinion here, Jeannie O’Sullivan has this article on Law360.com reporting that in Hoffman v. Nordic Naturals the court denied rehearing and denied the request to vacate the order granting sanctions against him.
Finally, there has been a fair bit of discussion of In re: Energy Future Holdings Corp, the bankruptcy reversal issued earlier this month. Coverage and commentary by Wall Street Journal, JDSupra, Davis Polk (criticizing), Jones Day (“highly-anticipated ruling”), Law360, and abi.com, among many others.