Weekly case summaries from the U.S. 3rd Circuit Court of Appeals and related news, from FindLaw.com.
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U.S. Third Circuit
Digest for Week of May 10th, 2016

U.S. 3rd Circuit Case Summaries and Blog Posts

Case Summaries:
Blog Posts:

U.S. 3rd Circuit Case Summaries

Giant Eagle Inc v. Commissioner IRS

May 6, 2016
Tax Law
(United States Third Circuit) - In a tax case brought by a supermarket company, the Tax Court's judgment in favor of the IRS, disallowing deductions claimed by plaintiff based on rewards shoppers had earned but not yet redeemed, is reversed where the claimed deductions are permissible under the 'all events' test used with accural method taxpayers.
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Davis v. City of Philadelphia

May 4, 2016
Government Benefits, Tax Law, Military Law
(United States Third Circuit) - In a suit brought by a veteran challenging delinquent property tax interest and penalties that the City of Philadelphia assessed against his company while he was on active duty, the District Court's dismissal of the complaint is affirmed where the protections of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. section 3901 (SCRA) afforded to plaintiff as a servicemember do not extend to his company's property.
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Eisai Inc v. Sanofi Aventis U.S. LLC

May 4, 2016
Drugs & Biotech, Antitrust & Trade Regulation
(United States Third Circuit) - In an antitrust suit alleging the conduct of defendant harmed competition in the market for anticoagulant drugs by preventing hospitals from replacing Lovenox, one of defendant's drugs with competing drugs, the District Court's grant of summary judgment to defendant is affirmed where, analyzing plaintiff's claims under the rule of reason, there is no evidence that defendant's actions caused broad harm to the competitive nature of the anticoagulant market.
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U.S. 3rd Circuit Blog Posts

3rd Cir. Tosses Anti-Trust Suit Against Sanofi-Aventis, Twists Knife

Jonathan R. Tung, Esq.
May 9, 2016
Judge Jane Roth of the Third Circuit Court of Appeals in New Jersey soundly dismissed the Eisai v. Sanofi-Aventis anti-competition lawsuit in her court when she denounced every one of the characterizations Eisai had used to describe Sanofi's conduct, reports...
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Prosecutor Misconduct in Murder Case Didn't Render Trial Unfair

Jonathan R. Tung, Esq.
April 13, 2016
Prosecutorial misconduct did not render a murder trial fundamentally unfair according to the Third Circuit, affirming the lower court. What kind of misconduct are we talking about? The misconduct included repeated suggestion that the defendant's freedom would threaten the jurors'...
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