United States Court of Appeals for the Third Circuit

Possible Third J&J Bankruptcy Attempt Amplifies Concerns over Corporate Abuse of Courts

Retrieved on:

Tuesday, October 24, 2023

MDL, Ovarian cancer, Bankruptcy, Congress, United States Court of Appeals for the Third Circuit, AAA, Texas two-step bankruptcy, Seventh Amendment, J&J, United States bankruptcy court, Asbestos, Mesothelioma, Woman, Johnson & Johnson, Talc, Tobacco

"J&J's corporate leadership seems determined to keep pushing this strategy, and as advocates for these women we will continue to push back."

Key Points:

"J&J's corporate leadership seems determined to keep pushing this strategy, and as advocates for these women we will continue to push back."
During the past year, the U.S. Bankruptcy Court in New Jersey and the Third U.S.
Circuit Court of Appeals has ruled J&J's ploy does not meet the standards for a good faith bankruptcy, in large part because the multibillion-dollar company is not in "financial distress."
Attorneys for the plaintiffs believe that under bankruptcy laws those victims would receive far less compensation than through civil trials or settlement negotiations outside of the bankruptcy system.

Michael Chertoff Joins Truepic's Board of Advisors

Retrieved on:

Wednesday, October 18, 2023

San Diego, CA, Oct. 18, 2023 (GLOBE NEWSWIRE) -- Truepic , provider of authenticity infrastructure for the internet, has announced the addition of Michael Chertoff to its industry Board of Advisors.

Key Points:

San Diego, CA, Oct. 18, 2023 (GLOBE NEWSWIRE) -- Truepic , provider of authenticity infrastructure for the internet, has announced the addition of Michael Chertoff to its industry Board of Advisors.
Chertoff is a renowned leader in global security, having served as the U.S. Secretary of Homeland Security from 2005-2009.
“Secretary Chertoff is joining our advisory board at a pivotal time.
I look forward to working with the Truepic team to address these important issues," said Michael Chertoff, Co-Founder and Executive Chairman of The Chertoff Group, and Former Secretary of Homeland Security.

Joshua S. Bauchner Joins Mandelbaum Barrett PC as Chair of its Cannabis & Psychedelics Practice Group and Partner in its Litigation Practice Group

Retrieved on:

Thursday, October 5, 2023

ROSELAND, N.J., Oct. 5, 2023 /PRNewswire-PRWeb/ -- Joshua S. Bauchner joined Mandelbaum Barrett PC as Chair of its expanded Cannabis & Psychedelics Practice Group and a Partner in its Litigation Practice Group. The firm also announced that it has renamed its Cannabis Practice as the Cannabis & Psychedelics Practice Group to reflect this growing, multifaceted and complex area of law that includes cannabis and psychedelics.

Key Points:

ROSELAND, N.J., Oct. 5, 2023 /PRNewswire-PRWeb/ -- Joshua S. Bauchner joined Mandelbaum Barrett PC as Chair of its expanded Cannabis & Psychedelics Practice Group and a Partner in its Litigation Practice Group .
The firm also announced that it has renamed its Cannabis Practice as the Cannabis & Psychedelics Practice Group to reflect this growing, multifaceted and complex area of law that includes cannabis and psychedelics.
He will be based in the firm's Roseland, NJ, office and also will maintain an office in its New York City offices.
Bauchner represents a diverse client base from start- ups to Fortune 500 companies, as well as cannabis operators and applicants.

NCLA Encourages en Banc Third Circuit to End Viewpoint-Based Discrimination in Penn. Ethics Rule

Retrieved on:

Tuesday, September 19, 2023

Rule, Speech, United States courts of appeals, Fear, Constitutional right, United States Court of Appeals for the Second Circuit, Lawyer, United States Court of Appeals for the Third Circuit, Government, Fourteenth Amendment to the United States Constitution, Supreme court, NCLA, First Amendment to the United States Constitution, Second Circuit Court of the Supreme People's Court

Today, the New Civil Liberties Alliance filed an amicus curiae brief in Greenberg v. Lehocky, calling on the en banc U.S. Court of Appeals for the Third Circuit to topple this Rule.

Key Points:

Today, the New Civil Liberties Alliance filed an amicus curiae brief in Greenberg v. Lehocky, calling on the en banc U.S. Court of Appeals for the Third Circuit to topple this Rule.
Rule 8.4(g) prohibits speech that expresses disparaging views of another person based on any of 11 listed characteristics but permits laudatory comments on the same subjects.
The Third Circuit panel reversed the district court, ruling that Mr. Greenberg lacked standing to challenge the Rule.
Representing two Connecticut-based attorneys, NCLA recently presented oral argument at the U.S. Court of Appeals for the Second Circuit in a First Amendment challenge to a similar Connecticut ethics rule.

The Inner Circle Acknowledges, Michael H. Schwartzberg as a Top Pinnacle Platinum Member for his contributions in the fields of Personal Injury Law and Music

Retrieved on:

Thursday, September 7, 2023

BATON ROUGE, La., Sept. 7, 2023 /PRNewswire/ -- Prominently featured in The Inner Circle, Michael H. Schwartzberg is acknowledged as a Top Pinnacle Platinum Member for his contributions in the fields of Personal Injury Law and Music.

Key Points:

BATON ROUGE, La., Sept. 7, 2023 /PRNewswire/ -- Prominently featured in The Inner Circle, Michael H. Schwartzberg is acknowledged as a Top Pinnacle Platinum Member for his contributions in the fields of Personal Injury Law and Music.
Mr. Schwartzberg pursued higher education at Louisiana State University where he earned a Bachelor's Degree in Music Education at Louisiana State University and a Master's Degree in Music at Boston University.
He then attended Louisiana State University and graduated with a Juris Doctorate from the Paul M. Hebert Law Center at Louisiana State University.
Aside from his professional pursuits, Mr. Schwartzberg is a native of New Orleans, Louisiana and has resided in Lake Charles since 1986.

Louisiana Third Circuit Court of Appeal Upholds State's Grace Period Law for Filing of Child Sex Abuse Lawsuits

Retrieved on:

Thursday, August 24, 2023

Survivor, Society, Catholic Church, Roman Catholic Archdiocese of New Orleans, Louisiana Supreme Court, Third Circuit Court of the Supreme People's Court, Lawyer, United States Court of Appeals for the Third Circuit, Diocese, Retirement, Child, 71st Louisiana Legislature, Trauma

NEW ORLEANS, Aug. 23, 2023 /PRNewswire/ -- The Louisiana Third Circuit Court of Appeal has affirmed a lower-court ruling that upholds a state law that eliminated the statute of limitations – known as the prescription period – during which child sex abuse claims can be filed in Louisiana. The ruling clears the way for such claims to move forward in the courts.

Key Points:

NEW ORLEANS, Aug. 23, 2023 /PRNewswire/ -- The Louisiana Third Circuit Court of Appeal has affirmed a lower-court ruling that upholds a state law that eliminated the statute of limitations – known as the prescription period – during which child sex abuse claims can be filed in Louisiana.
The Louisiana Supreme Court in March approved the firm's petition allowing the grace period provision to remain in place while the justices considered the case.
This case was ultimately sent down to the Third Circuit Court, which affirmed the trial court ruling.
The Louisiana law also gives victims of childhood sexual abuse until 2024 to sue regardless of their age.

Dismissal of LTL Bankruptcy Signals Latest Failure by J&J to Evade Responsibility for Decades of Deceit in Talc-Asbestos Litigation

Retrieved on:

Friday, July 28, 2023

“J&J initially set aside $61.5 million in its first bogus bankruptcy.

Key Points:

“J&J initially set aside $61.5 million in its first bogus bankruptcy.
But J&J’s legal department proposed a settlement that offered only a fraction of that amount and sought the bankruptcy court’s assistance in cramming that bad deal down on cancer victims.
“The evidentiary record fixed at trial does not establish sufficient ‘imminent’ or ‘immediate’ financial distress to satisfy the criteria enunciated by the Third Circuit,” Judge Kaplan writes.
It’s time for our clients to have their days in court and for J&J to stop its bullying tactics and end this nightmare for victims.”
View source version on businesswire.com: https://www.businesswire.com/news/home/20230728693741/en/

Gold Reserve Announces U.S. Delaware Court Issues Order Related to the PDVH Holding Sale Process

Retrieved on:

Friday, July 28, 2023

Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve or the Company) announces that on July 27, 2023 the U.S. District Court for the District of Delaware (the Delaware Court ) issued a decision on certain issues concerning the PDVH sale process, including determining the process by which creditors of the Bolivarian Republic of Venezuela and Petroleos de Venezuela, S.A. (PDVSA) (collectively, the Creditors) can be named “Additional Judgment Creditors” and thereby participate in the previously announced sale process (the Sale Process) for the shares of PDV Holding, Inc. (PDVH), the indirect parent company of CITGO Petroleum Corp.

Key Points:

Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve or the Company) announces that on July 27, 2023 the U.S. District Court for the District of Delaware (the Delaware Court ) issued a decision on certain issues concerning the PDVH sale process, including determining the process by which creditors of the Bolivarian Republic of Venezuela and Petroleos de Venezuela, S.A. (PDVSA) (collectively, the Creditors) can be named “Additional Judgment Creditors” and thereby participate in the previously announced sale process (the Sale Process) for the shares of PDV Holding, Inc. (PDVH), the indirect parent company of CITGO Petroleum Corp.
The Delaware Court held that for a Creditor to be an Additional Judgment Creditor, it must obtain a conditional or unconditional writ of attachment from the Delaware Court.
As previously disclosed, the Company obtained a conditional writ of attachment from the Delaware Court by order dated March 30, 2023.
These judgments, according to the Delaware Court’s present order, represent an aggregate principal amount of U.S. $4.684 billion, exclusive of interest.

Statement on Third Circuit's determination that EPA's reactivation policy exceeded EPA's statutory authority

Retrieved on:

Wednesday, July 26, 2023

Transport, LLLP, United States Court of Appeals for the Third Circuit, Utility Air Regulatory Group v. Environmental Protection Agency, OSHA, Congress, EPA, United States Environmental Protection Agency, United States Court of Appeals for the Eighth Circuit, Natural Resources, Com, Court, Environment, Gasoline, Harbor, Port Hamilton, United States Virgin Islands

ST. CROIX, US Virgin Islands, July 26th, 2023 /PRNewswire-PRWeb/ -- On July 25, 2023, the United States Court of Appeals for the Third Circuit agreed with Port Hamilton Refining and Transportation, LLLP ("Port Hamilton") that the Environmental Protection Agency ("EPA") exceeded its statutory authority when it attempted to impose regulatory requirements on Port Hamilton's refinery on St. Croix that Congress had made applicable to facilities constructed after August 1977. The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.

Key Points:

The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.
The refinery was built in the late 1960s and the court agreed that the plain language of the statute did not allow EPA to impose those requirements on the St. Croix refinery.
"Despite our disagreement with EPA," Rodriguez said, "Port Hamilton shares EPA's concern for the environment and people of St. Croix.
Port Hamilton shares EPA's concern for the environment and people of St. Croix.

U.S. Third Circuit Court of Appeals Affirms Previously Announced District Court Order Granted to Gold Reserve and Others

Retrieved on:

Tuesday, July 11, 2023

Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve or the Company) announces that on July 7, 2023 the United States Court of Appeals for the Third Circuit (the Third Circuit) issued a judgment affirming the orders of the United States District Court for the District of Delaware (the Delaware Court) issued on March 23, 2023 and March 31, 2023 (see Gold Reserve’s press releases dated April 4, 2023 and May 3, 2023).

Key Points:

Gold Reserve Inc. (TSX.V:GRZ) (OTCQX:GDRZF) (Gold Reserve or the Company) announces that on July 7, 2023 the United States Court of Appeals for the Third Circuit (the Third Circuit) issued a judgment affirming the orders of the United States District Court for the District of Delaware (the Delaware Court) issued on March 23, 2023 and March 31, 2023 (see Gold Reserve’s press releases dated April 4, 2023 and May 3, 2023).
This list is not exhaustive of the factors that may affect any of Gold Reserve’s forward-looking statements.
Investors are cautioned not to put undue reliance on forward-looking statements.
All subsequent written and oral forward-looking statements attributable to Gold Reserve or persons acting on its behalf are expressly qualified in their entirety by this notice.