Justia U.S. 3rd Circuit Court of Appeals Opinion Summaries

SEB distributes household products under several brand names, including electric steam irons sold under the Rowenta brand name. Euro-Pro distributes household appliances under the Shark brand name. The Shark packaging states: “MORE POWERFUL STEAM vs. Rowenta®†† at half the price.” The “††”refers to a fine-print footnote on the package’s bottom, stating that the claim is “††[b]ased on independent comparative steam burst testing to Rowenta DW5080 (grams/shot).” The packaging also asserts “#1 MOST POWERFUL STEAM*” with a fine-print reference on the bottom stating it “*[o]ffers more grams per minute (maximum steam setting while bursting before water spots appear) when compared to leading competition in the same price range, at time of printing.” SEB directed its internal laboratory to conduct tests, which showed that the Rowenta performed the same as the Shark. SEB commissioned an independent laboratory to conduct tests, which showed that the Rowenta outperformed the Shark. SEB claimed false advertising under the Lanham Act, 15 U.S.C. 1125(a), and unfair competition under Pennsylvania common law. The Third Circuit affirmed entry of an injunction, agreeing that the packaging’s definition of a claim term applies to the claim’s explicit message and that the court properly disregarded consumer survey evidence offering alternative meanings. View "Groupe SEB USA Inc v. Euro Pro Operating, LLC" on Justia Law

In Chapter 11 liquidation of KB Toys Inc. and affiliated entities, the Residual Trustee of the KBTI Trust sought to disallow certain trade claims that ASM (a company in the business of purchasing bankruptcy claims) obtained from creditors. Under 11 U.S.C. 502(d) a claim can be disallowed if a claimant receives property that is avoidable or recoverable by the bankruptcy estate. The Bankruptcy Court disallowed the claims, concluding that a claims purchaser holding a trade claim is subject to the same 502(d) challenge as the original claimant. ASM was on “constructive notice” of potential preference actions, could have discovered the potential for disallowance with “very little due diligence,” and was not entitled to protection as a “good faith” purchaser. The district court and Third Circuit affirmed, holding that a trade claim that is subject to disallowance under502(d) in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee. View "In re: KB Toys Inc." on Justia Law

Rahman filed a securities class action against KB, an importer of infant furniture and products, and individuals, alleging violation of Section 10(b) of the Securities Exchange Act and SEC Rule 10b-5 and (2) and Section 20(a) of the Exchange Act. The complaint alleged that defendants misled investors by artificially inflating KB’s stock price by issuing deceptive public financial reports and press releases dealing with compliance with customs laws and overall financial performance. A second amended complaint specified failure to disclose product recalls, safety violations, and illegal staffing practices. The district court dismissed for failure to satisfy the heightened scienter pleading standard required by the Private Securities Litigation Reform Act, 15 U.S.C. 78u-4(b)(2). The Third Circuit affirmed. View "Rahman v. Kid Brands, Inc." on Justia Law

In 2009, to “preserve Delaware’s pre-eminence in offering cost-effective options for resolving disputes, particularly those involving commercial, corporate, and technology,” Delaware granted the Court of Chancery power to arbitrate business disputes. That Court then created an arbitration process as an alternative to trial for certain disputes, 10 DEL. CODE tit. 10, 349; Del. Ch. R. 96-98. To qualify for arbitration, at least one party must be a business entity formed or organized under Delaware law, and neither can be a consumer. Arbitration is limited to monetary disputes that involve an amount of at least one million dollars. The fee for filing is $12,000, and the arbitration costs $6,000 per day after the first day. Arbitration begins approximately 90 days after the petition is filed. The statute and rules bar public access. Arbitration petitions are confidential and are not included in the public docketing system. Attendance at proceedings is limited to parties and their representatives, and all materials and communications produced during the arbitration are protected from disclosure in judicial or administrative proceedings. The Coalition challenged the confidentiality provisions. The district court found that Delaware’s proceedings were essentially civil trials that must be open to the public, under the First Amendment. The Third Circuit affirmed. View "Delaware Coal. for Open Gov't v. Strine" on Justia Law

Sam’s Club is a members-only retail warehouse that features a section for clearance items, called “as-is” items. Items may be designated “as-is” for various reasons and may be damaged or undamaged. Every as-is item is marked with an orange sticker; when a cashier scans the item, the original price appears and the cashier must perform a manual override. The software records the fact that a price override was performed, but does not include the reason. Overrides can occur for reasons other than “as-is” designation. Sam’s contracted with NEW to sell extended warranties for items sold in the store. NEW will not cover some “as is” products, including some purchased by Hayes. On each occasion, Sam’s employees offered and Hayes purchased a NEW warranty. The store provided Hayes with a manual and remote missing from a television he purchased and offered to refund the warranty price. Hayes declined. Hayes sued, on behalf of himself and all other persons who purchased a warranty for an as-is product from Clubs in New Jersey since 2004, asserting violation of the state Consumer Fraud Act, breach of contract, and unjust enrichment. The trial court certified a Rule 23(b)(3) class. The Third Circuit vacated and remanded for consideration of Rule 23’s class definition, ascertainability, and numerosity requirements in light of a recent decision. View "Hayes v. WalMart Stores Inc" on Justia Law

BIC, which has its principal place of business in New Jersey, distributed machines manufactured by BIL, BIC’s parent entity located in Japan. In 2001 BIC began distributing the Brother 3220C, a printer, fax machine, scanner and copier, accompanied by a Limited Warranty and User Manual drafted by BIL in Japan and translated by BIC. Huryk alleges that from 2002 to 2005, BIC and its executives in New Jersey, knew about but concealed information regarding defects in the 3220C that caused printer heads to fail and caused the machines to purge excess amounts of ink when not used frequently enough. The district court dismissed his putative class action claim under the New Jersey Consumer Fraud Act, N.J. Stat. 56:8 on the ground that South Carolina law, not New Jersey law, applied. The Third Circuit affirmed, noting that South Carolina was the place where Huryk acted in reliance upon BIC’s representations, the place where Huryk, a domiciliary of South Carolina, received the representations, and the place where a tangible thing which is the subject of the transaction between the parties was situated at the time. View "Maniscalco v. Brother Int'l Corp." on Justia Law

Crispin worked as a CPA and as CFO of an energy company; his wholly-owned S-corporation has engaged in leasing, structured finance, aircraft acquisition, and mortgage-backed securities investing for more than 20 years. The business purchases aircraft costing $1 million to $10 million and leases them for 10 years before reselling. A Custom Adjustable Rate Debt Structure (CARDS) transaction is a tax-avoidance scheme that purports to generate large “paper” losses deductible from ordinary income. In 2000 the IRS warned against taking tax deductions based on artificial losses generated by inflated bases in certain assets. After the IRS discovered the widespread use of CARDS, before Crispin filed the contested return, the IRS issued another Notice addressed to CARDS transactions and imposed disclosure obligations on CARDS promoters and users. Crispin used a CARDS transaction, involving aircraft financing, to shelter $7 million of income for the 2001 tax year. The tax court held that he was not entitled to an ordinary loss deduction and was liable for an accuracy-related penalty (26 U.S.C. 6662), finding that the transaction lacked economic substance and that he had not relied reasonably or in good faith on the advice of an independent and qualified tax professional. The Third Circuit affirmed. View "Crispin v. Comm'r of Internal Revenue" on Justia Law

There are four direct purchasers of heavy duty truck transmissions in North America. Truck buyers dealing with those direct purchasers can select many of the components for their trucks, including transmissions, from catalogues called data books. Data book positioning is significant to likelihood that a buyer will choose a particular component. Eaton is a monopolist in the market for such transmissions. ZF-Meritor entered the market in 1989; otherwise no significant external supplier has entered the market in 20 years. ZF-Meritor sued Eaton, alleging anticompetitive practices embodied in long-term agreements between Eaton and every direct purchaser, including provisions relating to data books. A jury found Sherman Act and Clayton Act violations. The district court reasoned that notwithstanding Eaton‘s above-cost prices, there was sufficient evidence to establish long-term de facto exclusive dealing arrangements, which foreclosed a substantial share of the market and harmed competition. The Third Circuit affirmed. The claims are not subject to the price-cost test, but must be analyzed as de facto exclusive dealing claims under the rule of reason. There was sufficient evidence that Eaton engaged in anticompetitive conduct and of resulting antitrust injury. The court vacated an injunction, finding that plaintiffs lacked standing to pursue injunctive relief. View "ZF Meritor LLC v. Eaton Corp." on Justia Law

In 2007, Marcus leased a 2007 BMW from a dealership in New Jersey. Marcus suffered four “flat” tires during his three-year lease. Each time, he drove his car to a BMW dealership in New York and had the tire replaced. BMW billed Marcus between $350 to $390 for parts, labor, fees, and taxes. In each instance, the run-flat tires (RFT) worked as intended. Marcus sued Bridgestone, asserting consumer fraud, breach of warranty, and breach of contract claims. He claims that Bridgestone RFTs are “defective” because they: are highly susceptible to flats, punctures and bubbles, and fail at a significantly higher rate than radial tires or other run-flat tires; cannot be repaired, only replaced, in the event of a small puncture; and are “exorbitantly priced.” He claimed RFT-equipped BMWs cannot be retrofitted to operate with conventional tires, and that they are difficult to replace. The district court certified the suit under FRCP 23(b)(3) as an opt-out class action on behalf of all purchasers and lessees of certain model-year BMWs equipped with Bridgestone RFTs sold or leased in New Jersey with tires that have gone flat and been replaced. The Third Circuit vacated. Marcus’s claims do not satisfy the numerosity and predominance requirements. View "Marcus v. BMW of N. Am., LLC" on Justia Law

CS manufactures and sells X-ray and metal detection devices for use in public facilities around the world. Tecapro is a private, state-owned company that was formed by the Vietnamese government to advanced technologies into the Vietnamese market. In 2010, Tecapro purchased 28 customized AutoClear X-ray machines from CS for $1,021,156. The contract provides that disputes shall be settled at International Arbitration Center of European countries for claim in the suing party’s country under the rule of the Center. Tecapro initiated arbitration proceedings in Belgium in November 2010. In December 2010, CS notified Tecapro of its intention to commence arbitration proceedings in New Jersey. In January 2011, CS filed its petition to compel arbitration in New Jersey and enjoin Tecapro from proceeding with arbitration in Belgium. The district court concluded that it had subject matter jurisdiction under the U.N.Convention on the Recognition and Enforcement of Foreign Arbitral Awards, that it had personal jurisdiction over Tecapro, and that Tecapro could have sought to arbitrate in Vietnam and CS in New Jersey. The latter is what happened, so “the arbitration shall proceed in New Jersey.” After determining that it had jurisdiction under the Federal Arbitration Act, 9 U.S.C. 1, the Third Circuit affirmed. View "Control Screening LLC v. Technological Application & Prod. Co." on Justia Law