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Category: Summary Court Opinions

ERISA-FIDUCIARY DUTY-EXCESSIVE RECORDKEEPING FEES

Mator v. Wesco Distrib., 2024 U.S. App. LEXIS 11838, 2024 WL 2198120 (3rd Cir. May 16, 2024) (Fisher, C.J.). Plaintiffs Nancy Mator and Robert Mator participate in the Wesco Distribution, Inc. Retirement Savings Plan. On behalf of themselves and a class of participants and beneficiaries, the Mators sued the Plan, its fiduciaries, and Wesco Distribution, […]

PROCEDURE-RULE 11-AFFIRMATIVE DEFENSES

Desandies v. Encore Grp. (USA), LLC, 2024 U.S. Dist. LEXIS 71580, 2024 WL 1704982 (April 19, 2024) (Wolson, J.). Encore Group had to have a good faith basis to claim that the statute of limitations applies to one of the claims that Mr. DeSandies asserts against it. By its own admission, it doesn’t have that […]

WRONGFUL DISCHARGE-NATIONALITY

Qing Qin v. Vertex, Inc., 2024 U.S. App. LEXIS 10686, 2024 WL 1920379 (3d Cir. May 2, 2024) (Rendell, C.J.). Plaintiff-Appellant Qing Qin is Chinese. He alleges he was denied a promotion and wrongfully terminated from his position as a software architect based on his race and national origin and was retaliated against for complaining […]

CONSTITUTIONAL LAW-EIGHTH AMENDMENT-DELIBERATE INDIFFERENCE-IMMUNITY-QUALIFIED IMMUNITY

Rivera v. Redfern, 98 F.4th 419, 2024 WL 1561674 (3d Cir. April 11, 2024) (Hardiman, C.J.). Michael Rivera appeals the District Court’s summary judgment in favor of four prison officials on his Eighth Amendment deliberate indifference claim. Because the officials are entitled to qualified immunity, we will affirm. We agree with the District Court that […]

FAIR DEBT COLLECTION PRACTICES ACT-NOTICE TO THIRD PARTIES

Barclift v. Keystone Credit Servs., LLC, 93 F.4th 136 (3rd Cir. February 16, 2024) (Freeman, C.J.). To facilitate its efforts to collect a debt, Keystone Credit Services, LLC (“Keystone”) sent Paulette Barclift’s personal information to a mailing vendor, RevSpring, which then mailed Keystone’s collection notice to Barclift. Barclift did not authorize Keystone’s communications to RevSpring. […]